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D.C. Councilmember David Catania could introduce a bill to legalize same-sex marriage in the nation’s capital as soon as January. (Photo by Bob Bird/AP)




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LOU CHIBBARO JR





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LOCAL

Catania may push marriage bill in Jan.
Some fear time isn’t right after Prop 8’s success

LOU CHIBBARO JR
Friday, November 14, 2008

Gay D.C. Councilmember David Catania (I-At-Large) said he and several of his colleagues are considering introducing a bill in January to legalize same-sex marriage in the nation’s capital if a majority of the Council’s 13 members sign on as co-authors of the legislation.

Catania’s move toward offering a same-sex marriage bill comes at a time when nearly all local activists have expressed support for such a bill and Mayor Adrian Fenty and all but one member of the Council has pledged to vote in favor of the legislation.

But a number of activists have joined some Council members in questioning whether 2009 would be the best time to introduce such a bill considering the decision by voters last week to ban same-sex marriage via ballot measures in California, Arizona and Florida.

“There isn’t going to be an easy way to do this,” Catania told the Blade. “It’s going to be a lot of work to do. But I believe that at the end of the day, the citizens of the District of Columbia are fair-minded people.”

Catania said he is discussing the issue with local activists and plans to consult with the city’s non-voting congressional delegate, Eleanor Homes Norton (D-D.C.), over whether to move ahead with a same-sex marriage bill next year.

Catania said he and his Council colleagues are aware of the contentious campaign in California by same-sex marriage opponents that led to the passage of Proposition 8. The ballot proposition amends the state’s constitution, reversing a California Supreme Court ruling earlier this year that legalized same-sex marriage.

A same-sex marriage bill being worked on for D.C. would clearly distinguish between civil marriage, which confers the legal rights of marriage, and the religious aspect of marriage, which would remain under the full control of churches, Catania said.

“This is not going to be a law constructed by our courts,” he said. “It will come from our elected city government.”

If opponents try to fight a D.C. same-sex marriage law by a ballot referendum, which is an option available under the city’s election law, “then that’s what will happen,” Catania said.

“I have reason to believe the residents of our city would side with equality,” he said. “I think this is worth the fight.”

Council member Mary Cheh (D-Ward 3), a law professor with a specialty in constitutional law, said she agrees with Catania’s plans to introduce a same-sex marriage bill in early 2009 and would help draft the measure.

“I’m going to be working with Council member Catania and our other colleagues, and we will try to move a bill very quickly, as soon as the new session starts,” Cheh said. “That’s our intention.”

Most activists and Council members agreed that Congress would have invoked its authority to overturn a D.C. same-sex marriage bill during the Bush administration.

When Democrats regained control of Congress following the November 2006 election, activists said they wanted to wait until after the 2008 presidential and congressional elections to assess whether a D.C. same-sex marriage bill might be feasible. The election of a Democratic president and the election of more gay-supportive Democrats to Congress was seen as tipping the scales in favor of introducing a marriage bill.

Last week’s election of Democrat Barack Obama as president and the victory of more Democrats in the House and Senate were favorable signs that a D.C. same-sex marriage bill could clear a congressional hurdle, activists said.

But some activists said the approval of anti-gay marriage amendments in California and elsewhere appeared to negate the benefits of an Obama presidency and the Democrats’ larger majority in Congress.

“Unfortunately, the electoral blow to marriage equality in Arizona, California and Florida is a bad blow,” said Rick Rosendall, vice president of the Gay & Lesbian Activists Alliance. “And we are not ready to wage the initiative fight that would inevitably be set off by the District’s passage of a same-sex marriage bill, even if Congress allows it to stand.”

Local gay Democratic activist Phil Pannell, a longtime political organizer in the city’s mostly black neighborhoods east of the Anacostia River, said he was concerned that a ballot referendum seeking to outlaw gay marriage in Washington would be supported by large numbers of black voters who are conservative on social issues such as marriage.

“I would have to say that there’s a reasonable chance that something like that would pass,” he said.

Darren Glymph, vice president of the Gertrude Stein Democratic Club, the city’s largest gay political group, said he and other black gay activists, including D.C. lesbian activist Carlene Cheatam, believe gay groups in California did not effectively build alliances with black churches and the black community on the grassroots level in their efforts to fight the measure.

Exit polls show that 69 percent of back voters supported Proposition 8.

“From the perspective of the black community, to blame us for what happened in California is not justified and is unfair,” Glymph said. “We need to be more effective and our leadership and public image needs to be more diverse here in D.C. if we are going to take on this fight.

“I’m not 100 percent sure that a referendum would fail here.”

Cheatam also said she believed an anti-gay marriage referendum in the District could win.

“The gay and lesbian community doesn’t have enough interface with the general population to ensure that we could defeat it,” she said.

Rosendall and other local gay leaders noted that Democrats won their majority in the House of Representatives by the election of mostly moderate- to conservative-leaning Democrats from swing districts.

The possibility of those Democrats joining conservative Republicans to vote to kill a D.C. gay marriage bill must be considered in deciding whether to move ahead with such legislation, activists have said.

A House Democratic aid, who spoke on condition of anonymity, said House Speaker Nancy Pelosi and other ...

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The following comments were posted by our readers and were not edited by the Washington Blade.  We ask that you treat others with respect; any post deemed offensive will be removed.

RCS on 11/20/08  3:58 AM:
Another factor might be what happens in New York and New Jersey. If the legislatures of both of those states were to pass gay marriage into law, it might offset the recent losses in California, Arizona and Florida. That could provide an impetus for the passage of a same-sex marriage bill in Washington, DC.
rpcv84 on 11/19/08  7:22 PM:
ReasonableDoubt: P{olitical correctness run amok. The problem lies with the blacks, but most gays perceive that they need the blacks to further their agenda. Think again. The blacks are the ones who stabbed us in the backs.
ReasonableDoubt on 11/19/08  2:25 PM:
rpcv84: Because the Mormon church were the ones to pour 25 million dollars into the Prop 8 fight, and not all of us are looking for a reason to attack the black community.
jeri . on 11/15/08  10:05 AM:
i wonder what is more important than the dream of equality? not that the day to day issues lack urgency. marriage equality in the district will not be an end-all solution to inequity, but only another tiny step in the right direction. a step like forgetting about the color of the skin of our opponents, and focusing on the issues that separate our political philosophies. the mormon church is a specific target because that church made marriage equality a specific target, donating millions of dollars in a campaign with the sole intent to deny americans a basic human right.
rpcv84 on 11/14/08  8:51 PM:
With all the problems that DC faces, the Council should certainly be able to find something more important to work on. If not, then the Council members should find another job. Also, remember that 70% of the massive number of African American voters in California supported Prop 8. I think the gay community needs to do some "outreach" to the Black community on the issue of gay marriage. Which brings me to a question: Why is it that we gays in California protest vehemently outside Mormon churches and do NO protesting outside predominately Black churches? Strange.

 

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