Wedding Bells
Same-sex couples in the District are getting closer to marriage equality.
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THE DISTRICT'S recognition of same-sex marriages performed in other jurisdictions took a big step forward on Tuesday. The D.C. Superior Court ruled that the Board of Elections and Ethics "correctly concluded" that a proposed referendum against the law would violate the city's human rights law. That statute prohibits discrimination and denial of city services or benefits based on sexual orientation.
Associate Judge Judith E. Retchin agreed that the proposed referendum would authorize or have the effect of authorizing discrimination. She sternly refused to grant injunctive relief. "At bottom, the harm about which Petitioners complain is not based on a denial of the right to referendum," Judge Retchin wrote. "Rather, they simply disagree with legislation enacted by our duly-elected Council. A citizen's disagreement with constitutionally sound legislation, whether based on political, religious or moral views, does not rise to the level of an actionable harm."
And the judge questioned the court's authority to stay the effective date of the same-sex marriage recognition law because doing so "may encroach" on Congress's role in approving District legislation.
The Jury and Marriage Amendment Act was passed by the D.C. Council in the first week of May and sent to Congress on May 11. That started the clock on Congress's 30-legislative-day review of the law. Members of the House and Senate have never been shy about using the District to fight larger battles, particularly when they concern social issues. We're happy to see that pattern broken here.
Same-sex marriages performed elsewhere will be recognized in the District beginning Monday. This joyous occasion will be complete when the rights and responsibilities afforded those couples are extended to same-sex couples who want to marry in the city. Council member David A. Catania (I-At Large) plans to introduce a bill to make that so. It can't happen soon enough.


