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DC begins recognizing same-sex marriages performed elsewhere

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] A Washington, DC law recognizing same-sex marriages performed in other states or jurisdictions took effect Tuesday, following Congressional inaction on the matter. The Jury and Marriage Amendment Act of 2009, passed by the Council of the District of Columbia in May by a 12-1 final vote, was subject to Congressional review pursuant to the Home Rule Act before becoming law. Councilman Marion Barry cast the only dissenting vote. Although Congress was urged to oppose the law by church leaders, they took no action. Last month, DC Superior Court Judge Judith Retchin upheld a denial of a referendum on the bill, ruling that it violated DC's Human Rights Act. Councilman David Catania applauded the judge's decision, saying that: Both the Board of Elections and now the Court have stated very specifically that old court cases limiting marriage to heterosexual couples are no longer relevant. In addition, they have recognized the Council's march towards equal marriage rights as real and relevant. And finally, they have concluded that any action that would curtail those rights is a form of discrimination that is specifically prohibited by the Human Rights Act.The challengers who sought a referendum include Bishop Harry R. Jackson Jr. and Reverend Walter Fauntroy, who argued that DC deliberately impeded debates on the issue by introducing the provision in the context of amending another bill.Last month, New Hampshire Governor John Lynch signed legislation that allows same-sex marriages to be performed in the state as long as religious organizations are not required to participate in the services or recognize the unions. The Nevada Assembly has also passed a same-sex partnership bill over a gubernatorial veto. In May, the New York State Assembly passed a bill that would allow same-sex marriages to be performed in the state. That bill will now go before the state senate. Also in May, Maine became the fifth state to allow same-sex marriage when Governor John Baldacci signed a same-sex marriage bill into law. In April, Vermont became the first state to legalize same-sex marriage through a vote of the legislature, joining Massachusetts, Connecticut, and Iowa as the other states that allow same-sex marriage.

Full post as published by JURIST - The Paper Chase on July 07, 2009 (boomark / email).