On October 6, Councilmember David Catania (I–At Large) (SFS `90 LAW `94) introduced a bill that would legalize same-sex marriage in the District of Columbia. The “Religious Freedom and Civil Marriage Equality Amendment Act of 2009” has 10 co-sponsors out of 13 councilmembers. With its large support, the bill is expected to pass easily through the D.C. City Council when members vote on it.
The bill is expected to have a public hearing on October 26 at 3:30 p.m., a mark-up, and then two readings before a final vote in December.
The proposed legislation would legalize the civil marriage of same-sex couples by changing the defintion of marriage to “the legally recognized union of two people.”
It would also eliminate the option of being in a “domestic partnership” in 2011. Those couples already listed as being in a domestic partnership would have the option of obtaining marriage licenses.
The proposal enjoys strong support from Mayor Adrian Fenty, who intends to sign the legislation into law if it is passed through the council.
“The introduction of a same-sex marriage bill is the natural next step for a city that has shown its commitment to marriage equality for all residents,” Fenty said in a press release on Tuesday. “I fully support today’s action and look forward to signing this historic legislation into law.”
David Catania, who is openly gay, also pushed for the “Jury and Marriage Amendment Act of 2009,” which led D.C. to recognize same-sex marriages performed in other states. The legislation passed 12-1 in May, with only Marion Barry (D-Ward 8) opposed.
The passage of Catania’s bill would make D.C. one of only three places in the country to transition from domestic partnerships to full marriage equality.
“Nienty percent of opposite-sex couples choose marriage because of the protections and recognition that marriage recieves,” Young said. “The domestic partnerhip option was essentially invented as a substitute for marriage.”
Both of Catania’s bills have been met with vocal opposition from a small group of religious leaders. After the passage of the first bill in May, Bishop Harry Jackson, a resident of Maryland and leader of Stand4Marriage, a group backed by numerous national organizations opposing same-sex marriage, proposed a referendum that would havebrought the legislation directly to the public for a vote.
The measure was rejected in June by the D.C. Board of Elections and Ethics, on the grounds that it violated the District’s Human Rights Act of 1977 for discrimination based on sexual orientation.
Councilmember Barry (D-Ward 8), who is not a co-introducer, has taken contradictory positions on same sex marriage. He has said to numerous media outlets that he has been a supporter of gay rights since the 1970s.
Yet, in an interview with Essence Magazine in May, Barry explained that he did not vote for recognition of same-sex marriage in D.C. because the majority of his constituents oppose the legislation.
Nonetheless, Barry’s office insists that one vote against same-sex marriage is not enough to pass judgment on him.
“Just because this one situation has come up … this is not a litmus test on his beliefs or on his actions in the past,” Barry’s spokeswoman, Natalie Williams said.
If the bill is successful in passing through the City Council, there is still a chance that conservative members of Congress could attempt to overturn the legislation when they undertake the annual financial appropriations for the District.
Mike DeBonis, who covers D.C. politics for the Washington City Paper, explained that there is a low probability that the legislation will come before a vote on the floor in Congress.
Instead, it is more likely that a provision negating the bill would be slipped into an appropriations rider.
Both critics and supporters of the legislation acknowledge that the legalization of same-sex marriage in the District would have a profound influence on the country.
“It is going to have a huge impact for future generations living in a city where they are equals, where one community is not above another community,” Young said.
Additional reporting by Juliana Brint.
