SubscribeGLAA: Proposed Referendum Invalid
P.O. Box 75265
Washington, D.C. 20013
www.glaa.org
(202) 667-5139
Monday, June 1, 2009
Kenneth J. McGhie
General Counsel
District of Columbia Board of Elections and Ethics
441 4th Street, NW, Suite 250
Washington, D.C. 20001-2745
Dear Mr. McGhie:
Please accept this letter as our comments on the proposed measure, “A Referendum Concerning the Jury and Marriage Amendment Act of 2009.” We believe that it is not a proper subject for referendum.
The proposers of the referendum talk about marriage as if it has remained unchanged for millennia. In fact, the civil institution of marriage, which is what we are talking about here, has changed considerably in the past half-century, most notably to reflect the equal status of women in modern society.
This evolution of marriage—part of our ongoing effort as a nation to live up to our founding ideals—continues. In recent years, the D.C. Council has changed references to “husband” and “wife” in various parts of the D.C. Code to the gender-neutral “spouse.” To date, we have heard no objections to this update of our statutes. Now the Council has taken the further step of recognizing same-sex marriages from other jurisdictions, in keeping with our city’s long tradition of embracing diversity and respecting the rights of all.
This is a simple matter of equity. To deny recognition to the legal marriages of same-sex couples, as those proposing the current measure seek to do, violates the law on referenda by attacking the D.C. Human Rights Act’s prohibition against discrimination based on sexual orientation.
