By Tim Craig
Wednesday, December 16, 2009; A01 (washingtonpost.com)
The District was on the verge Tuesday of becoming the sixth place in the country to legalize same-sex marriage after the council gave final approval to its bill allowing the unions. The legislation would allow gay couples from anywhere in the country to marry in the city. Those couples who live in the District would be entitled to all rights afforded to heterosexual married couples under District laws. Although a final signature on the bill by Mayor Adrian M. Fenty (D) could come by the end of the week, same-sex marriage opponents vowed to step up their effort to get Congress or a court to block the initiative during the 30-day congressional review period.
The 11 to 2 council decision, which caps a nearly year-long debate, set off a wave of excitement across the gay community, both locally and nationally. "In many ways, this is the final prize," said council member Jim Graham (D-Ward 1), one of two people on the council who are openly gay.
According to an analysis by the Office of the Chief Financial Officer, more than 10,000 same-sex couples from across the country could get married in the District over the next three years if the measure becomes law. The analysis, created in the weeks leading up to Tuesday's historic council vote, estimates that 2,000 gay couples who live in the District will marry shortly after the law takes effect. But the bulk of the weddings, which could pump millions of dollars into the regional economy, would probably be out-of-state couples unable to marry in their own states, according to the analysis, a copy of which was obtained by The Washington Post. It concludes that at least $5 million, and perhaps as much as $22 million, would be generated by same-sex weddings in the District over the next three years.
Local and national gay rights leaders note that opponents face a difficult fight: Both the Democratic-controlled House and Senate and President Obama would all have to block the legislation, which is unlikely. But council member David A. Catania (I-At Large), the bill's sponsor and the other openly gay member on the council, cautioned that Congress also could unravel the measure through budget maneuvers in future years. "There is no question: We are going to have to be defending it and defending it and defending it until the other side realizes they are losing more votes by being tethered to the past," Catania said.
Several opponents of same-sex marriage warned that the celebrations were premature. They are seeking a public vote on the issue, and some are meeting with members of Congress on Wednesday. "God's war has just started," Bob King, a community activist who lives in Northeast, said a few minutes after the vote. "Shame on them. We're going to get to the ballot box through either the courts or the Congress. So tell everyone: Don't let the marriage licenses start flowing." [...]
"God's war". Hmm. One would think that we lived in a theocratic state, wouldn't one? Apparently, we turned into Iran when we weren't looking.
As far as bringing things up for a vote is concerned, the DC Council's position is that marriage is a part of the Human Rights section of DC law, and as such, can't be brought up for a vote. It will be interesting to see what happens when this goes to federal court. Home rule is one thing, but as a federal district, I would think that DC wouldn't be allowed to do things that sharply at variance with federal law. I don't understand how DOMA doesn't trump DC home rule, but I suppose that will all be fought out in the courts.
The really fascinating thing is going to be seeing what the Supreme Court does with this. As I understand it, decisions out of DC's court, since DC is more or less a federal city-state, can be appealed directly to the Supreme Court, though they may also go through the Court of Appeals that includes Virginia and Maryland -- the Third Circuit, I think. In any event, I would expect that, if it makes it to the Supreme Court, they'll probably rule very narrowly on the issue of whether or not this can be brought up for a vote, at first. And then in a few years, they'll get the question of the actual law itself. They're going to be spending several years doing a delicate tapdance around this issue, is what I'm saying. It seems fairly clear that this is the type of thing they want no part of, at least right now.
In any event, as the opponents say, nothing is likely to really change for a while. The law will almost certainly be enjoined during all of the various challenges, one way and another. In 3-5 years, if all goes well and people are lucky, you may actually get universal marriage in DC.
Probably not, though.
Posted by iain at December 16, 2009 01:08 AM
