Attorney General Nickles opposes latest anti-gay initiative

D.C. Attorney General Peter Nickles this morning sent a letter to Kenneth McGhie, General Counsel for the D.C. Board of Elections and Ethics, commenting on the latest proposed anti-gay initiative, this one entitled "Preservation of Traditional Marriage One Man One Woman 2009." Here is Nickles's conclusion:

The District of Columbia has long been a leader in the protection of human rights and the eradication of discrimination. As such, the District currently recognizes same-sex marriages validly performed in other jurisdictions. This recognition reflects the District's commitment to equality, as expressed in the District's Human Rights Act. The proposed Initiative seeks to redefine what is recognized as a marriage in the District and, in doing so, would strip only same-sex couples of the marital recognition they currently enjoy with respect to foreign same-sex marriages and will soon enjoy with respect to District same-sex marriages. Guided by the principles of equality and the recent decision in Jackson v. District of Columbia Bd. of Elections & Ethics, No. 2009 CA 008613 (D.C. Super. Ct. 2010) ("Jackson II"), I find that the proposed Initiative is not a proper subject for initiative under District law, as it discriminates, or has the effect of discriminating, in contravention of the Human Rights Act.

The Initiative in question is a poorly drafted mess, so it could be overruled on those grounds quite aside from the subject-matter restriction. One way or another, it will be our fourth victory before the Board of Elections and Ethics in less than a year.