Same-sex marriage in the District of Columbia

From Wikipedia for FEVERv2
Jump to navigation Jump to search

Same-sex marriage has been legally recognized in the District of Columbia since December 18, 2009, when Mayor Adrian Fenty signed a bill passed by the Council of the District of Columbia on December 15, 2009. Same-sex marriage in the District of Columbia_sentence_0

Following the signing, the measure entered a mandatory Congressional review of 30 work days. Same-sex marriage in the District of Columbia_sentence_1

Marriage licenses became available on March 3, 2010, and marriages began on March 9, 2010. Same-sex marriage in the District of Columbia_sentence_2

The District became the first jurisdiction in the United States below the Mason–Dixon Line to allow same-sex couples to marry. Same-sex marriage in the District of Columbia_sentence_3

In addition to recognizing same-sex marriages, since 1992 the District has also allowed residents to enter into registered domestic partnerships; since the passage of the Domestic 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. Same-sex marriage in the District of Columbia_sentence_4

The law gives the mayor discretion to recognize relationships from states with lesser benefits. Same-sex marriage in the District of Columbia_sentence_5

Domestic partnerships Same-sex marriage in the District of Columbia_section_0

Domestic partnership in the District are open to both same-sex and opposite-sex couples. Same-sex marriage in the District of Columbia_sentence_6

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). Same-sex marriage in the District of Columbia_sentence_7

All couples registered as domestic partners are entitled to the same rights as family members and spouses to visit their domestic partners in the hospital and jail and to make decisions concerning the treatment of a domestic partner's remains and estate after the partner's death. Same-sex marriage in the District of Columbia_sentence_8

The measure also grants District of Columbia government employees rights to a number of benefits. Same-sex marriage in the District of Columbia_sentence_9

Domestic partners are eligible for health care insurance coverage, can use annual leave or unpaid leave for the birth or adoption of a dependent child or to care for a domestic partner or a partner's dependents, and can make funeral arrangements for a deceased partner. Same-sex marriage in the District of Columbia_sentence_10

Legislative history Same-sex marriage in the District of Columbia_section_1

The original bill establishing domestic partnerships in the District of Columbia was known as the Health Benefits Expansion Act. Same-sex marriage in the District of Columbia_sentence_11

It was passed by the D.C. Same-sex marriage in the District of Columbia_sentence_12 Council and signed into law by the Mayor of the District of Columbia The bill became law on June 11, 1992. Same-sex marriage in the District of Columbia_sentence_13

Every year between 1992 and 2002, the Republican leadership of the U.S. Congress added a rider to the District of Columbia appropriations bill that prohibited the use of federal or local funds to implement the Health Care Benefits Expansion Act. Same-sex marriage in the District of Columbia_sentence_14

The law was finally implemented in 2002, a fiscal year, after Congress failed to add the rider to the appropriations bill. Same-sex marriage in the District of Columbia_sentence_15

Since the 2002 implementation of domestic partners, the benefits attached to domestic partnerships has been expanded many times. Same-sex marriage in the District of Columbia_sentence_16

In the Health Care Decisions Act of 2003, domestic partners were given the right to make health care decisions for their partners. Same-sex marriage in the District of Columbia_sentence_17

The Deed Recordation Tax and Related Amendments Amendment Act of 2004 provided equal treatment, like spouses, to domestic partners for the purpose of paying the deed recordation tax. Same-sex marriage in the District of Columbia_sentence_18

Expanding benefits further, the Department of Motor Vehicles Reform Amendment Act of 2004 exempted domestic partners from the excise tax payable for transfer of title to their partners. Same-sex marriage in the District of Columbia_sentence_19

And the Domestic Partnership Protection Amendment Act of 2004 amended the definition of the term "marital status" in the Human Rights Act of 1997 to include domestic partners. Same-sex marriage in the District of Columbia_sentence_20

The Domestic Partnership Equality Amendment Act of 2006 was a major expansion of the benefits of domestic partners. Same-sex marriage in the District of Columbia_sentence_21

The law came into effect on April 4, 2006. Same-sex marriage in the District of Columbia_sentence_22

This act provides that in almost all cases a domestic partner will have the same rights as a spouse regarding inheritance, probate, guardianship, and certain other rights traditionally accorded to spouses. Same-sex marriage in the District of Columbia_sentence_23

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. Same-sex marriage in the District of Columbia_sentence_24

However, it does not extend most benefits of legal marriage to domestic partners, such as the marital estate tax deduction. Same-sex marriage in the District of Columbia_sentence_25

At the time of this latest expansion coming into effect in April 2006, there were 587 registered couples. Same-sex marriage in the District of Columbia_sentence_26

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 the Domestic Partnerships Joint Filing Act of 2006. Same-sex marriage in the District of Columbia_sentence_27

On May 6, 2008, the District of Columbia Council unanimously passed the Omnibus Domestic Partnership Equality Amendment Act of 2008. Same-sex marriage in the District of Columbia_sentence_28

According to the Washington 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, worker's compensation, investigations into child abuse and the police department's 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." Same-sex marriage in the District of Columbia_sentence_29

On May 20, 2009, the Domestic Partnership Judicial Determination of Parentage Act 2009 passed 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. Same-sex marriage in the District of Columbia_sentence_30

The proposed law became effective on July 20, 2009. Same-sex marriage in the District of Columbia_sentence_31

Same-sex marriage Same-sex marriage in the District of Columbia_section_2

Dean v. District of Columbia Same-sex marriage in the District of Columbia_section_3

On January 19, 1995, the District of Columbia Court of Appeals issued its ruling in Dean v. District of Columbia. Same-sex marriage in the District of Columbia_sentence_32

In this case, Craig Robert Dean and Patrick Gerard Gill, a couple who met all of the District's 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. Same-sex marriage in the District of Columbia_sentence_33

The Court upheld a lower court decision denying them the license, finding that the District's 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 the Due Process Clause of the United States Constitution. Same-sex marriage in the District of Columbia_sentence_34

Recognition of out-of-state marriages Same-sex marriage in the District of Columbia_section_4

On April 7, 2009, the same day that Vermont legalized same-sex marriage, the Council voted unanimously (12–0) to recognize same-sex marriages performed in other jurisdictions. Same-sex marriage in the District of Columbia_sentence_35

The move was hailed as a possible gateway to the legalization of same-sex marriage in the near future. Same-sex marriage in the District of Columbia_sentence_36

Under the District's procedures, the bill was voted on again on May 5, 2009, passing with a 12–1 vote. Same-sex marriage in the District of Columbia_sentence_37

The act was signed by Mayor Adrian Fenty and was subject to a review period, which expired on July 7, 2009. Same-sex marriage in the District of Columbia_sentence_38

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 the Human Rights Act which specifically disallow the public's voting against several protected classes—one being, sexual orientation. Same-sex marriage in the District of Columbia_sentence_39

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. Same-sex marriage in the District of Columbia_sentence_40

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. Same-sex marriage in the District of Columbia_sentence_41

She also agreed with the Board's decision that allowing a vote on the issue would violate the Human Rights Act. Same-sex marriage in the District of Columbia_sentence_42

Religious Freedom And Civil Marriage Equality Amendment Act 2009 Same-sex marriage in the District of Columbia_section_5

D.C. Councilman David Catania introduced the Religious Freedom And Civil Marriage Equality Amendment Act 2009 on October 6, 2009, to allow same-sex couples to marry in the district. Same-sex marriage in the District of Columbia_sentence_43

On November 17, the District of Columbia Board of Ethics and Elections rejected 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." Same-sex marriage in the District of Columbia_sentence_44

On December 1, 2009, the act passed by a vote of 11–2 on its first reading. Same-sex marriage in the District of Columbia_sentence_45

The second reading was voted on December 15, 2009 where the measure was again passed by a vote of 11–2. Same-sex marriage in the District of Columbia_sentence_46

The bill received the Mayor's signature on December 18 and had to survive a 30-day congressional review period before becoming law. Same-sex marriage in the District of Columbia_sentence_47

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. Same-sex marriage in the District of Columbia_sentence_48

Marriage licenses became available on March 3, 2010. Same-sex marriage in the District of Columbia_sentence_49

From that day onwards, the definition of marriage in the District of Columbia has been the following: Same-sex marriage in the District of Columbia_sentence_50

On March 25, 2010, during the Health Care and Education Reconciliation Act of 2010 debate, the U.S. Senate defeated an attempt by Utah Senator Bob Bennett to "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". Same-sex marriage in the District of Columbia_sentence_51

Legal challenges Same-sex marriage in the District of Columbia_section_6

Bishop Harry R. Jackson, Jr., the pastor of Hope Christian Church in Beltsville, 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. Same-sex marriage in the District of Columbia_sentence_52

The Board stated that such an initiative would violate D.C.'s Human Rights Act. Same-sex marriage in the District of Columbia_sentence_53

In January 2010, the D.C. Same-sex marriage in the District of Columbia_sentence_54 Superior Court upheld the board's decision. Same-sex marriage in the District of Columbia_sentence_55

On May 4, 2010, the District of Columbia Court of Appeals heard an appeal of the Superior Court decision. Same-sex marriage in the District of Columbia_sentence_56

Attorneys for D.C. argued that D.C. Council acted within District laws in voting on and eventually passing the legislation. Same-sex marriage in the District of Columbia_sentence_57

On July 15, 2010, the Court of Appeals upheld the Superior Court's decision in a 5–4 decision. Same-sex marriage in the District of Columbia_sentence_58

The United States Supreme Court on January 18, 2011, rejected Jackson's appeal without comment. Same-sex marriage in the District of Columbia_sentence_59

Economic impact Same-sex marriage in the District of Columbia_section_7

A UCLA study concluded that extending marriage to same-sex couples would boost the District of Columbia's 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 marriage in the District of Columbia_sentence_60

Same-sex weddings are fast becoming a significant part of the wedding industry. Same-sex marriage in the District of Columbia_sentence_61

Many wedding vendors are open to serving same-sex couples, but most do not advertise as such on their public websites. Same-sex marriage in the District of Columbia_sentence_62

Select vendors in the DC area have come out enthusiastically in support of the gay marriage. Same-sex marriage in the District of Columbia_sentence_63

Public opinion Same-sex marriage in the District of Columbia_section_8

A January 2010 Washington Post poll found that 56% of District of Columbia residents were in favor of same-sex marriage, while 35% were opposed. Same-sex marriage in the District of Columbia_sentence_64

A 2017 Public Religion Research Institute poll found that 78% of District of Columbia residents supported same-sex marriage, while 17% opposed it and 5% were unsure. Same-sex marriage in the District of Columbia_sentence_65

When consideration was given to the entire Washington metropolitan area (which contains parts of neighboring Virginia, Maryland and West Virginia), support was at 69% and opposition at 22%. Same-sex marriage in the District of Columbia_sentence_66

9% were undecided. Same-sex marriage in the District of Columbia_sentence_67

See also Same-sex marriage in the District of Columbia_section_9

Same-sex marriage in the District of Columbia_unordered_list_0


Credits to the contents of this page go to the authors of the corresponding Wikipedia page: en.wikipedia.org/wiki/Same-sex marriage in the District of Columbia.