Some D.C. residents are taking their cue on gay marriage from their counterparts in California and Maine and demanding that voters decide via a 2010 ballot measure whether marriage should be redefined. They also are preparing for a court battle and one against Congress, if necessary.
Earlier votes on the same-sex marriage bill, titled the Religious Freedom and Civil Marriage Equality Amendment Act of 2009, ensure passage, supporters say. Mayor Adrian M. Fenty has said he will sign the measure if it reaches his desk.
The D.C. Board of Elections and Ethics held a hearing on a voter initiative on Oct. 26.
Supporters and opponents are demanding that the issue be put before the electorate and cite the school reform effort of then-Mayor Anthony A. Williams. Mr. Williams spearheaded a 2000 voter referendum to restructure D.C. school governance. Supporters of that effort note that he brought the issue directly to the people and say the D.C. Council should do the same with the same-sex marriage issue.
Members of the Let the People Vote on Marriage campaign are pulling together a preliminary draft of D.C. demographics, potential strategies, legal arguments and observations to be used in preparing for any court battle.
Opponents and supporters of same-sex marriage say one of the strongest arguments is No. 15, which cites the establishment and free-exercise clauses of the U.S. Constitution.
Here are the points of the draft, which remains subject to change:
1. The D.C. Council voted for recognition of same-sex marriages from other jurisdictions without holding a public hearing.
2. D.C. Council member Jack Evans of Ward 2, a Democrat who serves as the council’s vice chairman, threatened witnesses that they had better not go to Congress. This was stated in his opening remarks before the first witness even spoke at last week’s council hearing.
3. Council member Phil Mendelson, at-large Democrat, threatened to have people removed from the council’s Oct. 26 hearing when audience members showed enthusiasm and passion with outbursts.
4. There are nearly 600,000 residents in the District of Columbia, 13 council members, one nonvoting delegate to Congress, one mayor and nearly 300 advisory neighborhood commissioners. There are 415,069 registered voters: 313,931 Democrats, 28,584 Republicans, 67,131 independents and 4,144 Statehood-Green.
5. Will the final full council vote mimic an earlier committee vote?
6. What about domestic partnership? Media reports show that gay-marriage supporters wanted a revision to a section of the bill.
7. Mr. Fenty failed to appoint a third member to the elections board. A split vote means the measure failed. This situation has existed for at least six months.
8. Clocks were not working in council chambers, so the committee chairman declared that he would monitor time, thereby allowing same-sex marriage supporters to get more time.
9. The introducer of the bill, council member David Catania, asked Bishop Harry Jackson of Hope Christian Church how many times he had voted in the District, but Mr. Catania said nothing to a pro-same-sex-marriage witness sitting next to Bishop Jackson.
10. Fear and intimidation?
11. Voting-rights issues.
12. Possible council advisory referendum? Mr. Catania stated that the last time this was used was in the 1800s, about some slavery issue. However, this is 2009, with supposedly more enlightened citizens.
13. Disrespectful to clergy?
14. Mr. Fenty bypassed D.C. voters and went straight to Congress for the mayoral takeover of the schools. When there is a change in the home-rule charter, there is supposed to be a referendum. Council supported this action of bypassing the ctizenry. A precedent has been set.
15. The First Amendment. Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. Will Congress and the courts approve of legislation whose title includes the words “Religious Freedom”?
• Kathryn Pearson-West is a writer living in Washington.
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