D.C. Court Upholds District’s View: Marriage Initiative Prohibited

My post at Metro Weekly, “Judge Sides With City: Superior Court rules against Stand4Marriage initiative effort,” covers today’s decision.

D.C. Superior Court Judge Judith Macaluso ruled this afternoon, Jan. 14, that the initiative sought by Bishop Harry Jackson on behalf of the Stand4Marriage D.C. Coalition to limit marriage in the District to one man and one woman is not an allowed topic for a ballot measure.

The ruling upholds the D.C. Board of Elections and Ethics (BOEE) decision this past fall that District law prohibits initiatives that would have the effect of violating the D.C. Human Rights Act (HRA). As Macaluso today wrote for the court, ”the initiative would deprive only same-sex individuals of the legal status, rights, and privileges they enjoy as married persons.” Because that is a clear violation of the HRA, the court found, ”The Board properly rejected the proposed initiative on this ground.”

Judge Macaluso’s ruling is available here (pdf).

[UPDATE: Counsel for the Stand4Marriage coalition, the Alliance Defense Fund, issued a statement Thursday stating that they would appeal the ruling.  “The people of D.C. have a right to vote on the definition of marriage, and the D.C. Charter guarantees that right,” said ADF Legal Counsel Timothy J. Tracey. “We will continue to fight for the people’s right to participate in a legitimate democratic process in the district.”]

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About the Author

Chris Geidner is the award-winning senior political editor at D.C.'s Metro Weekly and has written for The Atlantic Online, The American Prospect, Advocate.com, Salon and other publications, as well as at his blog, Law Dork. In 2011, he received the Excellence in News Writing Award from the National Lesbian and Gay Journalists Association for his coverage of "Don't Ask, Don't Tell" repeal. Prior to moving to D.C. in 2009, he served as an attorney on the senior staff at the Ohio Attorney General's Office and had earlier worked for a leading Columbus law firm. An extended biography can be found here, and you can follow him on Twitter.