Gay Marriage in Washington, D.C.: Coming Tuesday at 12:01 a.m.
The D.C. Council has passed a gay marriage recognition bill. Mayor Adrian M. Fenty has signed it. The Board of Elections and Ethics has rejected a referendum effort aimed at overturning it. A Superior Court judge has upheld that decision.
So, barring intervention from the D.C. Court of Appeals---and, according to a court spokesperson, no appeal was filed by close of business today---gay marriages will very soon be legal in the District of Columbia.
Brian Flowers, the general counsel for the D.C. Council and the official counter of congressional review days, tells LL today that, by his count, the review period will end at 12:01 a.m. on Tuesday, July 7.
Now, if you're expecting a big public spectacle at that hour---couples heading down to the courthouse at midnight, mass weddings at city hall, etc.---you may be disappointed: A recognition of an out-of-state marriage is something that does not require any official action on the District's part; if you have a valid marriage license from Connecticut, Iowa, Massachusetts, or California (issued during the 14-week period that it was legal there), you will automatically be considered married in the District.
However, newly legitimate couples are free, of course, to party however they wish.
Referendum backers have indicated in some press reports that they plan to appeal, but their time is running out: A petition would have to be filed tomorrow or early Monday (Friday is a holiday). And Monday would be pushing it.
If they don't appeal---as Harry Jackson suggested they might, to WTOP---they will likely pursue a ballot initiative, which isn't subject to the same time limitations as a referendum (which seeks to overturn a newly passed law). In that case, the issue would almost certainly land right back in the appeals court---in what would be the last chance for judicial intervention in this matter.
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Linked From: July 2nd, 2009On the Blogs: Bus Schedules, Dog Grooming, Marriage Equality « Borderstan
7:16 am[...] City Desk blog at Washington City Paper informs us that recognition of same-sex marriages in DC (performed in [...]
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7:28 am[...] Residents of Washington D.C. are organizing to legalize the practice of same-sex marriages there, and on Tuesday, July 7, same-sex marriages in other states will have official recognition in D.C.. [...]
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8:54 am[...] that out-of-state same-sex marriages are officially recognized in the District of Columbia, we can all finally behold the full testimony of Oxon Hill Minister Leroy Swailes, who attempted to [...]
7:44 pm
It's nice that the capital is doing it, now we just have to get the rest of the country on board.
8:56 pm
hahaha get the rest of the country on board. Half of the country has already drawn the line in the sand. This issue has done more to divide the US since the civil war.
10:28 pm
http://www.youtube.com/watch?v=XlKyLFCgBPQ
When there are no constitutionally consistent justifications to limitations on legal marriage based on 'genitalia' of one spouse, devision is certainly necessary to pave the way for equality.
Sterile atheists can get legal marriage without procreative ability, and without church approval, so there are no arguments strong enough to block gay marriage.
11:19 pm
One thing that the media keeps forgetting to report. While an initiative does not have the time limit restrictions, it would still be considered improper if it violates the DC Human Rights Act. So far the DC BOEE and a judge have ruled that overturning this would violate the HRA. So even if they did file an initiative, it is most likely going to be found to be improper, just like the referendum was.
8:59 am
Check the last sentence JohnD. Could have made it clearer, but you are correct, and the DCCA will have the final say at some point.
9:51 am
Good article, but I think that the effective date is incorrect. The original estimate of the Congressional review period by the DC Council's legislative services offices was for July 6 to be the last day. However, neither house was in session on June 5, pushing the effective date back one day.
Wednesday, June 8, 12:01 am will be the actual date that the Act becomes Law.
11:05 am
I withdraw my comment above. Brian Flowers is correct. He just explained the law to me, and he is correct. Neither house was in session on June 5, but it still counts since they weren't out of session for more than 3 days. Nice catch by Brian Flowers. As Flower's memorandum to the BOEE on this issue shows, the best lawyers in this City work for the Council.
Tuesday, June 7, 12:01 am it is!
11:06 am
That should be July 7, not June of course.
11:46 am
You neglected to mention that marriages from abroad (Canada, Spain, South Africa, etc.) will also become valid in the District.
5:42 pm
Great news.