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Move to Repeal D.C. Marriage Rejected


WASHINGTON DC AERIAL X390 (FAIR USE) | ADVOCATE.COM

A Washington, D.C., superior court judge Friday rejected a motion to delay the effective date of the city's marriage equality law.

Opponents sought a preliminary injunction to stop the law, which was approved by D.C. council and Mayor Adrian Fenty in December, from going to effect, but Judge Brian Holeman denied the motion, ruling that the court lacked the power "to usurp the legislative process," according to the Human Rights Campaign's Back Story blog.

The law is expected to take effect March 3, the end of a 30-day congressional review period that has been interrupted by bad weather.

The D.C. Board of Elections and Ethics has rejected several attempts by opponents to put the law to a popular vote. The board said any proposal to rescind the marriage law would violate the city's Human Rights Act.

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Reader Comments
  • Name: Ryan
    Date posted: 2/22/2010 8:07:19 PM
    Hometown: Boston

    Comment:

    @Mark, there's really no need to worry about the Supreme Court on this one. The law is clearly constitutional. Congress gave the DC City Council its lawmaking powers over the District, and, unlike over the States, Congress's power over the District is absolute. Unless there were some restrict on Congress's power define marriage in DC in the Constitution (and there isn't) then it's constitution. If it went to the Supreme Court, the justices would unanimously agree that the law was constitutional.

  • Name: Luke
    Date posted: 2/22/2010 9:59:06 AM
    Hometown: Florence

    Comment:

    Kevin - It has been tried a few times. The last President to attempt it, to the best of my knowledge, was FDR and it didn't turn out well for him politically. To put it succinctly his polical opposition made a great deal of fuss, the Judicial Reorganization Act of 1937 (because expanding the Supreme Court actually requires an act of congress - no pun intended) was ultimately rejected by a vote of 70-20, and he never garnered a great deal of support from the public. Now, FDR did get a few victories out of the attempt to stack the court, the court seemed to be noticably less antagonistic to his agenda afterwards and a timely resignation by an Anti-FDR judge resulted in an overall friendlier court. However, the ultimate downside to court stacking and why no one does it is because if we stack the court this term, the republicans will do so at the thier next opportunity, and it will be a neverending cycle of one upmanship. No...Court Stacking is a losing battle.

  • Name: john in SF
    Date posted: 2/22/2010 5:48:42 AM
    Hometown: San Francisco

    Comment:

    No Caleb- What the world doesn't need are more homophobes. Know any volunteers to reduce those numbers?

  • Name: Rich
    Date posted: 2/21/2010 11:11:48 AM
    Hometown: Greenwich, NY

    Comment:

    Unfortunately, the Civil Marriages must take place in the DC Courthouse, or a welcoming church. I would have loved to see marriages of same-sex couples on the steps of the Capital Building, one after another, day after day.

  • Name: Kevin
    Date posted: 2/21/2010 11:09:26 AM
    Hometown: Portland, OR

    Comment:

    Obama who ran on the platform of HOPE and CHANGE needs to add two more positions to the SCOTUS. He can do it (add new positions) with the "stroke of a pen," who would then go through the senate confirmation process. We need to tip the balance of the court in a better direction. Historically, there have been as few as three and as many as 13 on the bench at one time.

  • Name: Mark
    Date posted: 2/21/2010 10:33:42 AM
    Hometown: Wappingers Falls

    Comment:

    Let's pray this doesn't go to the Supreme Court, which is currently made up of 5 radical right wing fundamentalist activist anti-gay judges and 4 Constitutional fair-minded judges who use the US Constitution not the Bible for their rulings. We are only 1 judge away from getting our full citizenry and equal rights. If one of the f...ing 5 monsters retires or passes away, Obama will appoint a real judge and we will get our equal rights. Let's also pray there are any Democrats left in the Senate when that happens to vote for a fair-minded judge.

  • Name: Caleb
    Date posted: 2/20/2010 10:33:36 PM
    Hometown: Atlanta

    Comment:

    The world does not need more activist judges!!!

  • Name: Shannon
    Date posted: 2/20/2010 7:21:25 PM
    Hometown: Woodbridge, Va

    Comment:

    Yes, you can...I live across the river in Va., and will be getting married there in May

  • Name: Scott
    Date posted: 2/20/2010 5:19:47 PM
    Hometown: Portland

    Comment:

    Sorry about the typo in my last post.

  • Name: Mark
    Date posted: 2/20/2010 4:04:08 PM
    Hometown: Wappingers Falls

    Comment:

    How ironic that Washington DC has same sex civil marriage equality, and the federal government still stands behind the unconstitutional DOMA to deny federal recognition of our legal civil marriages in 5 states. We are only 1 radical right wing fundamentalist Christian activist Supreme Court judge away from having full civil rights.



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