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Bill Would Provide Civil Marriage Rights to Gays and Lesbians in the District
Washington, D.C. – On Tuesday, October 6, 2009, Councilmember David Catania (At-Large) and a majority of his colleagues will introduce the “Religious Freedom and Civil Marriage Equality Amendment Act of 2009” at the Council’s Legislative Meeting. The introduction of the legislation will begin the Council’s official deliberation on the issue of providing equal access to civil marriage to gays and lesbians. Earlier this year, the Council voted to recognize same-sex marriages performed legally in other states and jurisdictions. That legislation is now the law in the District of Columbia.
“Marriage is an important social and legal institution that offers recognition and protection to families and children,” said Catania. “In my opinion, states, including the District, which determine marriage laws in the United States, are better served by promoting and enhancing marriage between committed partners regardless of gender. The number of same-sex couples establishing families and raising children has become substantial and is continuing to increase, and principles of equality and fairness dictate that these families should be afforded the same rights under the law as other families.”
Catania, however, added that this legislation will not infringe on the religious freedoms enjoyed by District residents, churches, and clergy. The bill amends the District’s statutory eligibility requirements for civil marriage only, and specifically provides that no church or member of the clergy shall be required to perform or recognize a marriage that runs counter to their religious beliefs or teachings.
“I strongly believe in the first Amendment, which guarantees one’s freedom of religion,” said Catania. “I want to make it extremely clear that this legislation does not encroach on these rights in any way. I have an enormous amount of respect for our many communities of faith, and I would not support any legislation which would interfere with the freedoms they enjoy.”
The legislation to be introduced on Tuesday will prohibit the District government from discriminating against qualified same-sex couples who wish to marry in the District of Columbia. The bill will also sunset the issuance of new domestic partnerships in 2011 in the District and provide existing domestic partners with the option to obtain a marriage license at no additional charge if they so choose. Existing domestic partners, however, are not required to convert to marriages, and their partnerships will continue after the date on which new domestic partnerships are no longer issued. Finally, as discussed, the legislation will also ensure that no person authorized to solemnize marriages will be required to do so if it violates his or her right to the free exercise of religion.
In May 2009, the Council approved the “Jury and Marriage Amendment Act of 2009” by a vote of 12-1. This measure requires the District of Columbia to recognize same-sex marriages performed in other jurisdictions. The measure was subsequently challenged by a proposed referendum which sought to repeal the Act. The D.C. Board of Elections and Ethics rejected the referendum, deeming it improper subject matter for a referendum as it violated the District’s Human Rights Act. On June 30, 2009, the D.C. Superior Court affirmed the Board’s decision to reject the referendum in a strongly worded opinion which reinforced the robust nature of the District’s Human Rights Act.
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