Take the Plunge

THE D.C. BOARD of Elections and Ethics was right. A proposed referendum that sought to overturn the D.C. Council's law recognizing same-sex marriages performed in other jurisdictions, which takes effect next month, was a violation of the District's elections law.

The statute on the referendum and initiative process says that the board can deem a ballot measure "not a proper subject" if the measure "authorizes, or would have the effect of authorizing, discrimination prohibited under Chapter 14 of Title 2." That's the District's Human Rights Act, which has prohibited discrimination based on sexual orientation since it was enacted in 1977. The law was amended in 2002 to make it illegal for the District to deny a government service or benefit based on sexual orientation. Thus, a referendum to block same-sex couples married outside the district from receiving the same rights and responsibilities as heterosexual married couples would be in violation of city law.

The board's decision isn't the end of the process. Congress could step in. So far, it has shown the good sense to do nothing. Its 30-day review period is projected to end on July 6. Proponents of the referendum filed a court challenge Wednesday to overturn the board's decision. That is their right. But they are on shaky legal ground. As council member Marion Barry (D-Ward 8) said in 1978, the council wanted to ensure that "the initiative and referendum process would never be used to interfere with basic civil and human rights."

Next the council is expected to consider legislation to legalize same-sex marriage in the District. David A. Catania (I-At Large) says that he will introduce his long-anticipated bill sometime this fall. We hope that it succeeds.

Marriage is a cherished institution. It commits two loving people to each other. It nurtures families. And it should be open to all who want to be a part of it.