Same-sex marriagehas been legally recognized in theDistrict of Columbiasince December 18, 2009, when MayorAdrian Fentysigned a bill passed by theCouncil of the District of Columbiaon December 15, 2009. Following the signing, the measure entered a mandatory Congressional review of 30 work days. Marriage licenses became available on March 3, 2010, and marriages began on March 9, 2010.The District became the first jurisdiction in the United States below theMasonDixon Lineto allow same-sex couples to marry.
In addition to recognizing same-sex marriages, since 1992 the District has also allowed residents to enter into registereddomestic partnerships; since the passage of theDomestic Partnership Judicial Determination of Parentage Act of 2009, the District recognizes civil unions and domestic partnerships performed in other jurisdictions that have all the rights and responsibilities of marriage. The law gives the Mayor discretion to recognize relationships from states with lesser benefits.
Domestic partnership in the District are open to both same-sex and opposite-sex couples. One of the unusual features of the original bill establishing domestic partnerships was that it allowed partnerships to be created between people who were related by blood (e.g., siblings or a parent and adult child, provided both were single). All couples registered as domestic partners are entitled to the same rights asfamilymembers and spouses to visit their domestic partners in the hospital and jail and to make decisions concerning the treatment of a domestic partners remains and estate after the partners death.
The measure also grants District of Columbia government employees rights to a number of benefits. Domestic partners are eligible forcoverage, can use annual leave or unpaid leave for thebirthoradoptionof a dependentchildor to care for a domestic partner or a partners dependents, and can make funeral arrangements for a deceased partner.
The original bill establishing domestic partnerships in the District of Columbia was known as theHealth Benefits Expansion Act. It was passed by theCity Counciland signed into law by theMayor of Washington, D.C.The bill became law on June 11, 1992. Every year between 1992 and 2002, the Republican leadership of the U.S. Congress added ariderto the District of Columbiaappropriations billthat prohibited the use of federal or local funds to implement theHealth Care Benefits Expansion Act.The law was finally implemented in 2002, a fiscal year, after Congress failed to add the rider to the appropriations bill.
Since the 2002 implementation of domestic partners, the benefits attached to domestic partnerships has been expanded many times. In theHealth Care Decisions Act of 2003, domestic partners were given the right to make health care decisions for their partners.TheDeed Recordation Tax and Related Amendments Amendment Act of 2004provided equal treatment, like spouses, to domestic partners for the purpose of paying the deed recordation tax.Expanding benefits further, theDepartment Of Motor Vehicles Reform Amendment Act Of 2004exempted domestic partners from the excise tax payable for transfer of title to their partners. And theDomestic Partnership Protection Amendment Act of 2004amended the definition of the term marital status in theHuman Rights Act of 1997to include domestic partners.
TheDomestic Partnership Equality Amendment Act of 2006was a major expansion of the benefits of domestic partners. The law came into effect on April 4, 2006. This act provides that in almost all cases a domestic partner will have the same rights as a spouse regardinginheritanceprobateguardianship, and certain other rights traditionally accorded to spouses. The act also gave the right to form premarital agreements for prospective partners, and for domestic partners to not testify against their partner in court. However, it does not extend most benefits of legal marriage to domestic partners, such as the marital estate tax deduction.At the time of this latest expansion coming into effect in April 2006, there were 587 registered couples.
The District of Columbia once again incrementally expanded the domestic partnership rights when in March 2007, the right to jointly file local taxes as domestic partners became law with the passage of theDomestic Partnerships Joint Filing Act of 2006.
On May 6, 2008, the District of Columbia City Council unanimously passed theOmnibus Domestic Partnership Equality Amendment Act of 2008. According to theWashington Blade, the law provides both rights and obligations for domestic partners in a total of 39 separate laws that touch on such areas as rental housing, condominiums, real estate transactions, nursing homes, life insurance, workers compensation, investigations into child abuse and the police departments musical band, among other areas, thus bringing the law to a point where same-sex couples who register as domestic partners will receive most, but not quite all, of the rights and benefits of marriage under District law.
On May 20, 2009, theDomestic Partnership Judicial Determination of Parentage Act 2009passed and signed into law allowing DC recognition of other states domestic partnerships and amending DC laws on parentage entitlements and rights to children from adult domestic partnerships.The proposed law became effective on July 20, 2009.
On January 19, 1995, theDistrict of Columbia Court of Appealsissued its ruling inDean v. District of Columbia. In this case, Craig Robert Dean and Patrick Gerard Gill, a couple who met all of the Districts requirements for a marriage license except for being of the same sex, sought an order to compel the District to issue them a marriage license. The Court upheld a lower court decision denying them the license, finding that the Districts marriage statute did not contemplate same-sex marriages despite being gender-neutral, that denying the license did not violate District law against discrimination based on sex or sexual orientation and that denying the license did not violate theDue Process Clauseof theUnited States Constitution.
On April 7 2009, the same day thatVermontlegalized same-sex marriage, the Council voted unanimously (120) to recognize same-sex marriages performed in other jurisdictions.The move was hailed as a possible gateway to the legalization of same-sex marriage in the near future.Under the Districts procedures, the bill was voted on again on May 5, 2009, passing with a 121 vote.The act was signed by MayorAdrian Fentyand was subject to a review period, which expired on July 7, 2009.
On June 13, the Board of Elections ruled that a petition seeking to repeal the law and delay its enactment until a vote was held in a referendum, would be invalid as it would violate provisions of theHuman Rights Actwhich specifically disallow the publics voting against several protected classesone being, sexual orientation.
On June 30, 2009, a D.C. Superior Court judge ruled against a group opposed to the new law, who wanted a referendum on the issue, and had also asked the Court to delay the enactment of the new law until the court decided the full case, and also allowed voters to weigh in. The group had filed with the Court three weeks after the passage of the new law, Judge Judith E. Retchin ruled there was no excuse for them to file their lawsuit so late. She also agreed with the Boards decision that allowing a vote on the issue would violate theHuman Rights Act.
Religious Freedom And Civil Marriage Equality Amendment Act 2009
Laws allowing same sex marriage in Washington, D.C. go into effect
D.C. CouncilmanDavid Cataniaintroduced theReligious Freedom And Civil Marriage Equality Amendment Act 2009on October 6, 2009, to allow same-sex couples to marry in the district.
On November 17, theDistrict of Columbia Board of Ethics and Electionsrejected a proposed ballot measure to ban same-sex marriage,saying that the proposed ballot measure authorizes discrimination prohibited under the District of Columbia Human Rights Act.
On December 1, 2009, the act passed by a vote of 112 on its first reading. The second reading was voted on December 15, 2009 where the measure was again passed by a vote of 112. The bill received the Mayors signature on December 18 and had to survive a 30-day congressional review period before becoming law.It was considered unlikely that the law would be overturned;and the District Government estimated that the law would take effect on March 3, 2010.Marriage licenses became available on March 3, 2010.From that day onwards, the definition of marriage in the District of Columbia has been the following:
Marriage is the legally recognized union of 2 persons. Any person may enter into a marriage in the District of Columbia with another person, regardless of gender, unless the marriage is expressly prohibited by 46- 401.01 or 46-403.
On March 25, 2010, during theHealth Care and Education Reconciliation Act of 2010debate, the U.S. Senate defeated an attempt byUtah Senator Bob Bennettto suspend the issuance of marriage licenses to any couple of the same sex until the people of the District of Columbia have the opportunity to hold a referendum or initiative on the question.
BishopHarry R. Jackson, Jr., the pastor of Hope Christian Church inBeltsville, Maryland, sued the District after the D.C. Board of Elections and Ethics refused to approve a ballot initiative on the issue of same-sex marriage. The Board stated that such an initiative would violate D.C.sHuman RightsAct. In January 2010, theD.C. Superior Courtupheld the boards decision.
On May 4, 2010, the District of Columbia Court of Appeals heard an appeal of the Superior Court decision. Attorneys for D.C. argued that D.C. Council acted within District laws in voting on and eventually passing the legislation. On July 15, 2010, the Court of Appeals upheld the Superior Courts decision in a 54 decision.
TheUnited States Supreme Courton January 18, 2011, rejected Jacksons appeal without comment.
AUCLAstudy concluded that extending marriage to same-sex couples would boost the District of Columbias economy by over $52.2 million over three years, which would generate increases in local government tax and fee revenues by $5.4 million and create approximately 700 new jobs. Same-sex weddings are fast becoming a significant part of the wedding industry. Many wedding vendors are open to serving same-sex couples, but most do not advertise as such on their public websites. Select vendors in the DC area have come out enthusiastically in support of the gay marriage.
A January 2010Washington Postpoll found that 56% of Washington, D.C. residents were in favor of same-sex marriage, while 35% were opposed.
A 2017Public Religion Research Institutepoll found that 78% of Washington, D.C. residents supported same-sex marriage, while 17% opposed it and 5% were unsure.When consideration was given to the entireWashington metropolitan area(which contains parts of neighboringVirginiaMarylandandWest Virginia), support was at 69% and opposition at 22%. 9% were undecided.
LGBT rights in the District of Columbia
Same-sex marriage in the United States
Gresko, Jessica (March 3, 2010).Same-sex marriage becomes legal in DC.
.Google News. Archived fromthe originalon March 3, 2010
DC couples obtain marriage licenses
Associated Press(July 7, 2009).Washington, D.C., Recognizes Same-Sex Marriages.
Gaynair, Gillian (July 7, 2009).Gay Marriage Bill Takes Effect in Nations Capital.
Domestic Partnership. DC Department of Health, Vital Records Division
CitizenLink: Amendment Would Mean No Money to D.C. Domestic-Partner Registry
D.C. Domestic Partnership Program. Human Rights Campaign
Registration for Domestic Partnership. Partners Task Force for Gay and Lesbian Couples
GLAA celebrates as new domestic partnership joint filing law takes effect. Gay and Lesbian Activists Alliance of Washington
Chibbaro, Lou (May 16, 2008).D.C. Council expands DP law. Washington Blade
DOMESTIC PARTNERSHIP JUDICIAL DETERMINATION OF PARENTAGE AMENDMENT ACT OF 2009
Council of the District of Columbia Committee on Public Safety and the Judiciary Committee Report
. D.C. Court of Appeals. January 19, 1995
Jury and Marriage Amendment Act of 2009.
DC recognizes foreign gay marriages
D.C. Gay Marriage Measure Set for Mayors Signature
D.C. Panel Hears Arguments on Same-Sex Marriage Referendum
Judge Declines to Stay Law on Gay Marriage
February 23, 2012, at theWayback Machine.
July 27, 2011, at theWayback Machine.
D.C. mayor signs same-sex marriage billCNN. December 18, 2009
Alexander, Keith L. (March 2, 2010).D.C. marriage bureau preparing for crush of same-sex couples.
46 Domestic Relations 46-401 Equal access to marriage.
DC Marriage Amendment to Health Insurance Reform Bill Defeated in Senate
TEXT OF AMENDMENTS (Senate March 23, 2010)
Evans, Markham (May 4, 2010).Appeals Court Weighs D.C. Gay Marriage Challenge. ABC 7 News. Archived fromthe originalon May 13, 2010
DC Marriage Initiative Hearing Happening Now
Jackson v. D.C. Bd. of Elections & Ethics
Court rejects appeal over DC gay marriage law
Does Legalizing Gay Marriage Mean Fabulous Gay Weddings?.
Hess, Amanda (June 11, 2012).Does Legalizing Gay Marriage Mean Fabulous Gay Weddings?.
Mui, Ylan Q. (2010-03-10).Gay marriages expected to create wedding-related jobs in D.C.
Ramos, Christopher; Badgett, M.V. Lee; Sears, Brad (April 2009).The Economic Impact of Extending Marriage to Same-Sex Couples in the District of Columbia
American Values Atlas, 2017: Washington, D.C.
Vital Records Division, Domestic Partnership Information
District of Columbia Marriage/Relationship Recognition Law, Human Rights Campaign
Religious Freedom And Civil Marriage Equality Amendment Act 2009Text of the bill.
Last edited on 17 June 2018, at 15:47
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