Opponents of gay marriage in D.C. are fighting to add a referendum to the 2010 ballot that would put the marriage rights of gay citizens up to a popular vote.
These opponents have taken necessary steps with the Board of Elections and Ethics to request an initiative on the ballot. They have taken the board to trial in the Superior Court twice since June 2009 for refusing to allow the voters’ referendum.
Mayor Adrian Fenty signed the bill late December, which officially allowed same-sex couples to get married in the District.
Congress currently has a 30-day review in which they can block the bill. This review period ends at the beginning of next week, and it seems as though the bill will stand unchallenged by Congress according to Canyon Bosler, a sophomore in the School of International Service, who volunteers at DC for Marriage and DC Clergy United for Marriage.
“In the history of District home rule, it’s been uncommon for Congress to intervene,” Bosler said. “Primarily they have only changed our laws through budgetary means through cutting services.”
Currently, 39 Republicans in Congress have signed an amicus brief supporting the referendum, but they lack the support to turn it into legislation, according to The Washington Post.
While it is unlikely Congress will change anything at the moment, a future GOP-dominated Congress might, according to SIS sophomore and Vice President of the AU College Republicans Josh Jacobs. Congress has the constitutional right of home rule and could force D.C. to a referendum in the future.
“When the GOP does take back the Congress, the backing of many, many Democrats would probably make an overturning of the status very easy to do,” Jacobs said.
The current case in the Superior Court regarding the proposed referendum will not likely stray from the ruling by the Board of Elections and Ethics, according to sophomore in the College of Arts and Sciences and Director of AU Democrats for LGBT Rights Maggie Campbell.
“Although the decision is still pending, I believe the D.C. Superior Court will choose to uphold the D.C. Board of Elections and Ethics’ decision,” Campbell said. “The board confirmed twice that marriage equality in the district is protected under the 1977 Human Rights Act.”
Bo Hammond, CAS junior and President of the AU College Democrats, said Congress should not have this constitutional power over D.C. since the district has no representation.
“Congress should let D.C. decide it’s own fate until D.C. is represented in Congress,” Hammond said.
Campbell thinks that whatever happens in the District will set a precedent for other areas in the country looking to legalize gay marriage, she said.
“The nation is watching D.C.; the marriage equality decision here will serve as an example for other states that are on the verge of legalizing marriage for same-sex couples,” Campbell said.
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