Tuesday, March 02, 2010

Supreme Court Rejects D.C. Marriage Foes' Last Ditch Effort

Yesterday I posted about the last ditch effort of opponents to marriage equality to derail the new Washington, D.C., marriage law that takes effect tomorrow and pursuant to which marriages can begin occurring the following week. Fortunately, the U.S. Supreme Court rejected the petition seeking to force a referendum on the law. While from a legal perspective, I did not see merit in the petition, the fact that it was delivered to Chief Justice Roberts, I nonetheless could not suppress my nervousness. I applaud the Chief Justice's decision to do the right thing and reject the petition. No doubt the Christianists will be whining as if it's the end of the world. I suspect that as has been the case in Massachusetts, most residents of the District will big a collective yawn at the idea that gay marriage is controversial a year or two from now. Here are some highlights from The Advocate:
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The U.S. Supreme Court has refused to stop same-sex marriage in the District of Columbia, clearing the way for couples to register to wed beginning Wednesday. Equal-rights opponents in the capital had asked Chief Justice John Roberts to prevent the issuing of licenses until residents had voted on the issue. Lower courts had denied requests to place a moratorium on issuing of licenses.
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"It has been the practice of the court to defer to the decisions of the courts of the District of Columbia on matters of exclusively local concern," wrote Roberts, who made the decision without bringing in the full court.
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Roberts also cited the fact that although D.C. is autonomous, Congress could have passed a bill to disallow the city government from enacting the law, and it did not do so.
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Marriages may be performed beginning March 9, as there is a waiting period of three business days after the issuance of licenses.
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Who knows - the boyfriend and I may take advantage of a jurisdiction so relative close by that allows same sex marriage even if Virginia will not recognize our marriage.

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