HRC attorneys Chris Edelson and Darrin Hurwitz attended the D.C. Board of Elections and Ethics’ hearing today on the proposed referendum to undo legislation passed 12-1 by the D.C. Council and signed by the Mayor last month that would recognize marriages by same-sex couples legally entered into in other jurisdictions. Darrin reports about today’s developments:
“In a packed hearing room this morning, the D.C. Board of Elections and Ethics considered whether the marriage recognition act approved by the D.C. Council and Mayor Fenty is the proper subject for a referendum. The Board expressed significant concerns that the referendum, proposed by Rev. Harry R. Jackson, Jr. of Christian Hope Ministries in College Park, Maryland, would unlawfully discriminate under the Human Rights Act. Under D.C. law, the Board is charged with rejecting any referenda or initiatives that authorize discrimination by D.C. government based on sexual orientation and other protected classifications under the Human Rights Act. In strongly-worded questions to referendum proponents, Board Chairman Errol Arthur, Board Member Charles Lowery and General Counsel Kenneth McGhie asked whether it would not constitute discrimination under the Human Rights Act to fail to recognize the marriage of same-sex couples lawfully married in another state.
Several supporters of marriage equality, including Councilmember Phil Mendelson, Rick Rosendall of the Gay and Lesbian Advocates Alliance and Jeff Richardson of the Gertrude Stein Democratic Club, testified that the legislation is not the proper subject for a referendum and that D.C. law prevents against minority rights in this instance being put to a majority vote.
The Board is considering written public comments until tomorrow afternoon and will likely issue its decision soon thereafter. Proponents have the option of pursuing litigation in D.C. Superior Court if they wish to appeal the Board’s decision. We are continuing to monitor developments and will be working with the coalition of organizations that have assembled to protect the Council’s fair-minded legislation.”
Additionally the Washington Blade has been investigating where in fact Rev. Jackson lives. Apparently he refused reporters inquiries except to say he’s “a DC resident.”
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