Board of Elections rules against referendum

The D.C. Board of Elections and Ethics (BOEE) this afternoon ruled against the proposed referendum on a bill passed by the D.C. Council and signed by Mayor Fenty that would recognize same-sex marriages from other jurisdictions. In doing so they agreed with the argument made by GLAA and our allies that the proposed measure was not a proper subject for referendum because it would authorize discrimination prohibited by the D.C. Human Rights Act (HRA). The 12-page decision states:

[I]t is clear that the Referendum's Proposers would, in contravention of the HRA, strip same-sex couples of the rights and responsibilities of marriage that they were afforded by virtue of entering into valid marriages elsewhere, and that the Council intends to clearly make available to them here in the District, simply on the basis of their sexual orientation. Because the Referendum would authorize discrimination prohibited by the HRA, it is not a proper subject for referendum, and may not be accepted by the Board.

For the foregoing reasons, it is hereby:

ORDERED that the Referendum is RECEIVED BUT NOT ACCEPTED pursuant to D.C. Code § 1-1001.16(b)(2).

The order is dated June 15, 2009, and is signed by Errol R. Arthur, Chairman of the Board of Elections and Ethics, on behalf of himself and Board Member Charles R. Lowery, Jr.

Thanks and congratulations to all who helped in this effort, including the Gertrude Stein Democratic Club, ACLU of the National Capital Area, DC for Democracy, DC for Marriage, Bob Summersgill, Philip Pannell, Mark Levine, Nick McCoy, Council members Phil Mendelson and Jack Evans, D.C. Council General Counsel Brian K. Flowers, and D.C. Attorney General Peter J. Nickles. Many others contributed to this victory, and we send hugs and kisses to them all.

The proposers of the referendum now have 10 days to seek a writ of mandamus in D.C. Superior Court ordering the Board to approve the referendum's content and continue with the process. Whatever happens at this point, however, it will be virtually impossible for all the steps to be completed before the bill completes its congressional review and becomes law, projected for July 7.

Update: The Washington Post reports.

Update 2: Council member Phil Mendelson, who authored the bill recognizing same-sex marriages from other jurisdictions as marriages in D.C., issued the following statement:

I completely agree with today’s decision of the Board of Elections and Ethics. As I and many others stated when we testified in front of the Board last week, civil rights should not be subject to a referendum. I applaud this decision, as it was based firmly in the tradition of the District’s own progressive Human Rights Act. Recognizing marriages lawfully entered into in other jurisdictions is logical and just. It is unacceptable for government to sanction discrimination on the basis of one’s sexual orientation.

Update 3: Metro Weekly reports here. The Washington Blade reports here.

Comments

[Gary Collins]

That is real good news, and something that should have happen. DC city council is doing a good job. A little slow at times but sometimes we have to take small steps. Thank you GLAA for your work.