By Brody Levesque (Washington DC) Jan 14 | In a final ruling today, D.C. Superior Court judge, Judith N. Macaluso, upheld a previous court's action & the decision of the DC Board of Elections:
"The proposed initiative would invalidate D.C. Code § 46-405.01 by establishing that “only marriage between a man and a woman is valid or recognized in the District of Columbia.” If enacted, the initiative would deprive only same-sex individuals of the legal status, rights, and privileges they enjoy as married persons. Such an initiative patently “authorizes or would have the effect of authorizing discrimination based upon . . . actual or perceived . . . sexual orientation [or] gender identity.” The Board properly rejected the proposed initiative on this ground."
In June, a D.C. Superior Court judge rejected a similar lawsuit to force a public vote on legislation that, at the time, allowed D.C. to recognize marriages by same-sex couples performed in other jurisdictions.
The lawsuit was brought by several national anti-gay activists and backed by 39 Republican members of Congress. The legislation extending marriage rights to same-sex couples in the District is set to become effective at the conclusion of the Congressional review period, likely in early March.
In her decision, Judge Macaluso determined that the D.C. Board of Elections and Ethics ruled properly that the proposed initiative would violate the D.C. Human Rights Act. Under D.C. law, no ballot initiative may authorize discrimination under the Human Rights Act, which, among other things, prohibits the government from denying services or benefits based on an individual’s sexual orientation or gender identity. Petitioners had argued that D.C.’s human rights protections dating back to 1979 were invalid; however, Judge Macaluso ruled that the D.C. Council acted within its legal authority when it adopted these vital anti-discrimination provisions.
"This second, back-to-back ruling by the D.C. Superior Court is an overwhelming victory for fairness, the rule of law and the protection of all D.C. residents against discrimination,” said Human Rights Campaign President Joe Solmonese. “D.C. has the right to govern itself and make its own laws without the interference of thirty-nine Republican members of Congress, more interested in scoring cheap political points than in the everyday lives of D.C. residents. As D.C. law justifiably recognizes, no initiative should be permitted to strip away any individual’s civil rights. It is heartening that two different judges upheld the anti-discrimination protections wisely enacted by the Council more than thirty years ago."
The ruling can be viewed at http://www.dccourts.gov/dccourts/docs/2009CA008613B.pdf
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