DC’s Gay Marriage “Options”

Posted on June 12, 2008 by andrew

DCist: Fenty to study legal ramifications for same-sex couple District residents who get married in California per the state’s recent court decision.

Now, I seem to remember Mayor Williams’ administration making gestures towards offering same-sex couples greater legal rights under DC law a few years ago, but backing down when he was threatened with potential retaliation directed at the city’s finances by the Republican-controlled Congress. (Disclaimer: I could be misremembering events. I don’t really feel like researching this, because I’m fairly certain I’m correct on the important points. But correct me if I’m wrong.)

So, my question: Couldn’t Mayor Fenty now proceed along the same path without any fears of retaliation? Both houses of Congress are controlled by Democrats today, and will almost certainly become even more Democratic in a few short months. Congressional Democrats might not be thrilled to see the District take action which could stir up the GOP base in other parts of the country, but surely Democrats in Congress won’t actively oppose a DC move for marriage equality as the Republicans did. As to their disapproval, a) the political can of worms was already opened in this cycle by California, b) I might care more if any of those congressional Democrats actually represented the District, and c) it’s the right thing to do, regardless.

I don’t really know whether DC has the same federal rights to determine marriage law as a state, but I do know that the city can at the least strengthen the legal standing of same-sex partnerships, if not explicitly legalize same-sex marriages. Large segments of Washington’s population would be in favor of such a move, the mayor has the political capital to convince most potential opposition within the city to stand down, and the federal government isn’t going to stop us right now. So, why haven’t we done that yet?

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