Saturday, February 20, 2010

DC: Marriage Equality Opponents Go to Court For the Fourth Time, Are Denied Again

With Washington, D.C.'s same-sex marriage law expected to take effect on March 3, marriage equality opponents have stepped up their efforts to try to halt the law's implementation by forcing a public referendum. Today, opponents went to court seeking a preliminary injunction, which would have stayed the effective date of the Religious Freedom and Civil Marriage Equality Act of 2009.

After hearing from both sides, Judge Holeman tentatively denied the motion from the bench, ruling that the court lacked the power "to usurp the legislative process," that opponents did not establish a substantial likelihood of success on the merits and that they would not suffer irreparable harm if the law were to take effect as scheduled.

Judge Holeman's ruling is the latest in legal setbacks for opponents of marriage equality in D.C., where for decades the law has presciently prohibited initiatives and referenda that cause discrimination under the Human Rights Act. Three times now the Board of Elections & Ethics has rejected proposed initiatives and referenda that would invalidate legislation overwhelmingly passed by the Council and signed by the mayor recognizing same-sex marriages. The courts have uniformly rejected opponents' claims that they are being denied a right to vote and have upheld D.C.'s strong anti-discrimination protections.

Full Story from Windy City Media Group
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