By Tim Craig
Washington Post Staff Writer
Friday, September 11, 2009
The District is poised once again to become the battleground for a divisive social issue as the D.C. Council moves a step closer to legalizing same-sex marriage, an action that could force Congress and White House to take sides in the debate.
After months of buildup and behind-the-scenes lobbying, a bill by David A. Catania, one of two openly gay members of the council, has been drafted and is ready to be introduced in the coming weeks. Catania (I-At Large) expects a final vote before the end of the year. On Thursday, Catania said he had 10 co-sponsors, all but assuring that the measure will be approved by the council. The bill would have to survive congressional review before it could become law.
The bill, a copy of which was obtained by The Washington Post, would change the law to say that "marriage is the legally recognized union of two people" and that "any person who otherwise meets the eligibility requirements . . . may marry any other eligible person regardless of gender."
If Congress fails to intervene, the District will become the only jurisdiction south of the Mason-Dixon line where same-sex couples can marry. Gays and lesbians from across the country would probably flock to the city to take their vows, as they did in California before voters passed a referendum banning same-sex marriages. Gay rights activists in Maryland said the sight of gay couples getting married in the District would boost the chance that the General Assembly would approve a gay marriage bill within a few years.
There are signs that the bill will probably generate heated opposition from members of the city's religious community, and some are concerned that the issue could split the city along racial lines. It is also sparking a debate about whether voters, as opposed to council members, should have the final say over the issue.
Catania's bill, titled the "Religious Freedom and Civil Marriage Equality Amendment Act of 2009," stresses that no religious organizations or their officials would have to perform a same-sex marriage or provide wedding-related services to same-sex couples.
"I think it is very important for people to realize we are talking about a civil marriage, not a religious marriage," Catania said.
Starting in 2011, the bill would eliminate domestic partnerships, although any couple already registered would have the option of keeping their partnership or converting it for free to a city-sanctioned marriage.
There is little doubt that the measure will be approved by the council, but that won't stop national activists opposed to same-sex marriage from trying to stop the legislation in Congress. ...
I do not doubt that many people -- some of them even living in DC -- will be lobbying Congress to intervene. And, quite honestly, I'd be rather startled if Congress didn't intervene -- quite possibly at the discreet and understated and off-the-record, but nonetheless express, request of the White House. They've made it quite clear that they want this issue to vanish from their view for the next four years, ideally. Having the seat of Congress, and a federal district, vote to recognize marriages that are not recognized by the national government would be deeply embarrassing. Moreover, it would seem to demand a court fight; surely if DOMA does nothing else, it should prohibit the federal District of Columbia from passing any such law.
In other words, the law will almost certainly pass the city council -- though Catania's hopes of a unanimous vote are almost certainly pipe dreams. Whether the law survives the inevitable federal court challenges, however, will be another thing entirely.
Posted by iain at September 11, 2009 12:12 PM
