As the cliché goes, it’s not over until it’s over. That’s a very useful mantra to keep in mind when it comes to marriage equality, especially in places like Maine, where opponents of marriage are trying to undo a new marriage equality law, New York, where the terrain is shifting but marriage remains on the horizon, and in Washington, D.C., where pro-equality legislation must overcome multiple hurdles before it becomes law.
As you probably know, last month the D.C. Council voted 12-1 in favor of legislation that would recognize, in the District, marriages by same-sex couples legally entered into in other jurisdictions. Since Mayor Adrian Fenty promptly signed the legislation, you’d think it would be time to celebrate an important step toward equality, right?
Not quite. The bill has to go through a congressional review period, scheduled to conclude on or about July 8 (the precise end date depends on how many days Congress is in session in the coming weeks). During that period, as Congress reviews the bill, opponents of the measure can also attempt to gather signatures to place the matter before voters in D.C.
Last month, Bishop Harry Jackson, a Maryland pastor who has been outspoken in his opposition to marriage equality, filed papers with the D.C. Board of Elections and Ethics (you can view them at www.dcboee.org), stating his intention (and that of six other proponents) to gather signatures in support of a referendum that would ask D.C. voters to reject the legislation recognizing marriages by same-sex couples legally entered into in other jurisdictions. This morning the Board will hold a hearing to determine whether the proposed measure is a proper subject for a referendum-in other words, whether Jackson and his allies can begin gathering the signatures needed to put their proposed measure on the ballot.
Today’s hearing may be interesting. Questions have been raised as to where Jackson lives (you have to be a registered D.C. voter in order to submit a proposed referendum to the Board). Even if Jackson can resolve these questions, there are other legal reasons why the referendum may not be eligible for the ballot.
As mentioned, if signature-gathering does begin, the deadline for submitting signatures to the Board is fast approaching-on or about July 8. Opponents of marriage equality will have to gather more than 20,000 signatures from D.C. voters, including signatures from at least 5% of registered voters in 5 of D.C.’s 8 wards. HRC is working with local activists and others to protect the out-of-state marriage recognition legislation. The first step is to see what happens tomorrow at the Board hearing – we’ll be there, along with the Gay and Lesbian Activists Alliance (GLAA), Gertrude Stein Democratic Club, ACLU, and many other local advocates.
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