Archived from January 12, 2010 6:03 p.m. EST
Topics:United States, Social Issues, Crime, Law and Justice
Tom Ramstack – AHN Correspondent
Washington, DC, United States (AHN) – While the nation focuses on a California trial to decide the constitutionality of gay marriage, Congress is reviewing the issue for the District of Columbia in a debate with implications nationwide.
Washington, D.C., Mayor Adrian M. Fenty (D) on Dec. 18 signed a bill that would allow gay marriages in the District of Columbia.
It is similar to a California law that the state legislature approved in 2008 but that was overturned in a referendum, called Proposition 8, months later. California voters decided by a 52.3 percent majority that they would not allow gay marriages.
Supporters of gay marriage filed a lawsuit saying Proposition 8 violated their constitutional rights. A trial on the constitutionality of Proposition 8 entered its second day Tuesday in a San Francisco federal court.
However, unlike any state, the District of Columbia’s authority is overseen by Congress.
Members of Congress can overturn legislation approved by the D.C. council within 30 working days after it is enacted. If they fail to overturn the bill in a vote, it automatically becomes law.
Washington Mayor Fenty’s gay marriage bill entered the 30-day waiting period on Monday. Unless Congress approves a resolution to overturn the bill, gay marriages could be allowed in the District of Columbia by early March.
More importantly, the viewpoints of congressmen from all across the nation are reflected in the debate over the D.C. council’s legislation. Five states have approved gay marriages but 31 others have voted against it.
What Congress decides regarding gay marriage in the nation’s capital could affect the debate nationwide, according to advocates on both sides of the dispute.
“I believe that if the D.C. law stands, there is a de facto statement coming from the Congress that they don’t have to adhere to [the 1996 Defense of Marriage Act] anymore,” said Bishop Harry Jackson, chairman of Stand for Marriage DC, a coalition of groups that oppose gay marriage.
The Act defines marriage as a union between a man and a woman but gives each state the right to opt out of the law’s marriage restrictions.
“What happens in D.C. has more far-reaching implications for the marriage battle,” Bishop Jackson told AHN Media. “It hasn’t gotten the attention of the national pro-marriage movement as much as it should.”
So far, Washington insiders are saying it is unlikely the Democratic majority will allow the D.C. council gay marriage law to be overturned by Congress.
Delegate Eleanor Holmes Norton, the District’s non-voting Democratic delegate to Congress, opposes any efforts to overturn the gay marriage law.
She said she has done the “initial work to close the gates on overturning” the bill.
The fact that Congress has authority over the D.C. council has prompted even more outrage from her.
“This bill should not be on the Hill at all,” Norton said.
Instead, she believes District of Columbia residents should be able to decide for themselves which laws they enact, which is known in Washington as “home rule.”
“Home rule is all or it is nothing,” Norton said. “We can’t pick and choose when Congress can intervene.” Nevertheless, Republicans are organizing strong opposition to Washington’s gay marriage bill.
One strategy opponents are pursuing is to get a judge to order a public vote on gay marriage.
Opponents include two senators and 37 House members who filed an amicus, or “friend of the court,” brief in D.C. Superior Court that seeks a public vote.
The senators are James M. Inhofe (R-OK) and Roger Wicker (R-MS) The House members include House Minority Leader John A. Boehner (R-OH) and Minority Whip Eric Cantor (R-VA).
Their court documents say the D.C. Board of Elections and Ethics lacked authority to decide whether a public vote should be allowed.
The elections board ruled last year that a public vote cannot decide the legality of gay marriage because it already is protected under the 1977 Human Rights Act, which prohibits discrimination against gays and other minorities.
However, congressional Republicans say the Constitution gives them the final authority on which laws get enacted in Washington.
“As members of the District’s ultimate legislative body, [members of Congress who filed the brief] are concerned about the extent of the District’s delegated legislative authority, the preservation of Congress’ constitutional authority, and the interpretation of home rule,” the brief says.
The D.C. Superior Court ruling is pending.