Same-sex marriage in the District of Columbia

Last updated

Same-sex marriage has been legal in the District of Columbia since March 3, 2010. On December 18, 2009, Mayor Adrian Fenty signed a bill passed by the D.C. Council on December 15 legalizing same-sex marriage. Following the signing, the measure entered a mandatory congressional review of 30 work days. Marriage licenses became available on March 3, and marriages began on March 9, 2010. [1] [2] The District of Columbia became the first jurisdiction in the United States below the Mason–Dixon line to allow same-sex couples to marry. [3]

Contents

In addition to recognizing same-sex marriages, the District has also allowed residents to enter into registered domestic partnerships since 1992. Since the passage of the Domestic Partnership Judicial Determination of Parentage Act of 2009, the District has recognized civil unions and domestic partnerships performed in other jurisdictions that have all the rights and responsibilities of marriage. The law gives the mayor discretion to recognize relationships from states with lesser benefits. [4] [5]

Domestic partnerships

Domestic partnerships in the District of Columbia are open to both same-sex and opposite-sex couples. 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). All couples registered as domestic partners are entitled to the same rights as family members and spouses to visit their domestic partners in hospital and jail and to make decisions concerning the treatment of a domestic partner's remains and estate after the partner's death. [6]

The measure also grants a number of benefits to District government employees. Domestic partners are eligible for health 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. [6]

Legislative history

The original bill establishing domestic partnerships in the District of Columbia was known as the Health Benefits Expansion Act. It was passed by the D.C. Council and signed into law by Mayor Sharon Pratt. The bill became law on June 11, 1992. 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 Act. [7] The law was finally implemented in 2002, a fiscal year, after Congress failed to add the rider to the appropriations bill. [8]

Since the 2002 implementation of domestic partnerships, the benefits attached to domestic partnerships have been expanded many times. In the Health Care Decisions Act of 2003, domestic partners were given the right to make health care decisions for their partner. [6] 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. [6] 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, 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. [6]

The Domestic Partnership Equality Amendment Act of 2006 was a major expansion of the benefits of domestic partners. The law came into effect on April 4, 2006. 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. 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. However, it does not extend most benefits of civil marriage to domestic partners, such as the marital estate tax deduction. [6] At the time of this latest expansion coming into effect in April 2006, there were 587 registered couples. [9]

The District of Columbia once again incrementally expanded 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. [10] On May 6, 2008, the D.C. Council unanimously passed the Omnibus Domestic Partnership Equality Amendment Act of 2008. 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". [11]

On May 20, 2009, the Domestic Partnership Judicial Determination of Parentage Act 2009 was passed and signed into law, providing recognition of domestic partnerships conducted in other states and amending DC laws on parentage entitlements and rights to children from domestic partnerships. [12] The law became effective on July 20, 2009. [13]

Same-sex marriage

Newlywed same-sex couple in the District of Columbia cutting their wedding cake, 2016 Cake cutting at the wedding.jpg
Newlywed same-sex couple in the District of Columbia cutting their wedding cake, 2016

Dean v. District of Columbia

On January 19, 1995, the District of Columbia Court of Appeals issued its ruling in Dean v. District of Columbia. 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. 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. [14]

Recognition of out-of-state marriages

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. [15] The move was hailed as a possible gateway to the legalization of same-sex marriage in the near future. [16] Under the District's procedures, the bill was voted on again on May 5, 2009, passing with a 12–1 vote. [17] The act was signed by Mayor Adrian Fenty and was subject to a review period, which expired on July 7, 2009. [18]

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. [18] 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. 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. She also agreed with the Board's decision that allowing a vote on the issue would violate the Human Rights Act. [19]

Religious Freedom And Civil Marriage Equality Amendment Act 2009

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. [20] [21] On November 17, the Board of Elections rejected a proposed ballot measure to ban same-sex marriage, [22] saying that the proposed ballot measure "authorizes discrimination prohibited under the District of Columbia Human Rights Act." [23]

On December 1, 2009, the same-sex marriage bill passed by a vote of 11–2 in its first reading. The second reading was held on December 15, 2009, where the measure was again passed by a vote of 11–2. The bill received Mayor Fenty's signature on December 18 and had to survive a 30-day congressional review period before becoming law. [24] It was considered unlikely that the law would be overturned, [25] and the District Government estimated that the law would take effect on March 3, 2010. [26] Marriage licenses became available on March 3. [1] Due to the waiting period between obtaining a marriage license and getting married, the very first same-sex marriages in the District of Columbia were performed on March 9. Angelisa Young and Sinjoyla Townsend were the first couple to marry on Tuesday morning, March 9 at the headquarters of the Human Rights Campaign. [27]

The definition of marriage in the District of Columbia was amended to the following: [28]

Marriage is the legally recognized union of 2 persons. Any person may enter into a marriage in the District of Columbia with another person, regardless of gender, unless the marriage is expressly prohibited by § 46-401.01 or § 46-403. [DC Code § 46-401]

On March 25, 2010, during debate on a health care bill, 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". [29] [30]

Court challenges

Bishop Harry R. Jackson, Jr., the pastor of the Hope Christian Church in Beltsville, Maryland, sued the District after the Board of Elections refused to approve a ballot initiative on the issue of same-sex marriage. The Board stated that such an initiative would violate the District's human rights laws. In January 2010, the D.C. Superior Court upheld the board's decision. [31] On May 4, 2010, the D.C. Court of Appeals heard an appeal of the Superior Court's decision in Jackson v. D.C. Board of Elections and Ethics. Attorneys argued that the D.C. Council acted within District laws in voting on and eventually passing the legislation. On July 15, 2010, the Court of Appeals upheld the Superior Court's decision in a 5–4 decision. [32] [33] [34] The U.S. Supreme Court on January 18, 2011, rejected Jackson's appeal without comment. [35]

Economic impact

A 2009 study from the University of California, Los Angeles 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. [36] [37] [38] [39]

Demographics and marriage statistics

Data from the 2000 U.S. census showed that 3,678 same-sex couples were living in Washington, D.C.. Same-sex couples lived in all wards of the District, and constituted 5.1% of coupled households and 1.5% of all households. Same-sex partners in Washington, D.C. were on average younger than opposite-sex partners, more likely to be employed, and more likely to have a college degree. In addition, the average and median household incomes of same-sex couples were higher than different-sex couples, and 64% of same-sex couples owned their homes. 8% of same-sex couples in Washington, D.C. were raising children under the age of 18, with an estimated 441 children living in households headed by same-sex couples in 2005. [40]

Public opinion

A January 2010 poll for The Washington Post found that 56% of District of Columbia residents were in favor of same-sex marriage, while 35% were opposed. [41]

A 2017 Public Religion Research Institute (PRRI) poll found that 78% of District of Columbia residents supported same-sex marriage, while 17% were opposed and 5% were unsure. [42] 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%; 9% were undecided. [43] A PRRI survey conducted between March 8 and November 9, 2021, showed that 86% of D.C. respondents supported same-sex marriage, while 14% opposed. This level of support was the highest in the United States, followed by Massachusetts at 85% and Minnesota, Rhode Island and Washington at 82%. [44] According to a survey conducted by the same polling organization between March 11 and December 14, 2022, 82% of District respondents supported same-sex marriage, while 17% were opposed. [45]

See also

Related Research Articles

<span class="mw-page-title-main">Civil union</span> Legal union similar to marriage

A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage.

A domestic partnership is a relationship, usually between couples, who live together and share a common domestic life, but are not married. People in domestic partnerships receive legal benefits that guarantee right of survivorship, hospital visitation, and other rights.

This is a list of notable events in the history of LGBT rights that took place in the year 2004.

Same-sex marriage has been legally recognized in Washington since December 6, 2012. On February 13, 2012, Governor Christine Gregoire signed legislation that established full marriage rights for same-sex couples in the state of Washington. Opponents mounted a challenge that required voters to approve the statute at a referendum, which they did on November 6. The law took effect on December 6, and the first marriages were celebrated on December 9. Within a couple of days, more than 600 marriage licenses were issued to same-sex couples in King County alone.

In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.

Same-sex marriage has been legally recognized in Wisconsin since October 6, 2014, upon the resolution of a lawsuit challenging the state's ban on same-sex marriage. On October 6, the U.S. Supreme Court refused to hear an appeal of an appellate court ruling in Wolf v. Walker that had found Wisconsin's ban on same-sex marriage unconstitutional. The appellate court issued its order prohibiting enforcement of the state's ban on same-sex marriage the next day and Wisconsin counties began issuing marriage licenses to same-sex couples immediately. Wisconsin had previously recognized domestic partnerships, which afforded limited legal rights to same-sex couples, from August 2009 until they were discontinued in April 2018.

Same-sex marriage became legally recognized statewide in New Mexico through a ruling of the New Mexico Supreme Court on December 19, 2013, requiring county clerks to issue marriage licenses to all qualified couples regardless of gender. Until then, same-sex couples could only obtain marriage licenses in certain counties of the state. Eight of the 33 counties, covering 58% of the state's population, had begun issuing marriage licenses to same-sex couples in August and September 2013. New Mexico's marriage statute was not specific as to gender, and it was the only state lacking a state statute or constitutional provision explicitly addressing same-sex marriage. Lacking a state law or judicial ruling concerning same-sex marriage prior to December 19, 2013, policy for the issuance of marriage licenses to same-sex couples was determined at the county level at the discretion of local issuing authorities i.e., some counties recognized same-sex marriage and issued marriage licenses to same-sex couples, while others did not.

This is a list of notable events in the history of LGBT rights that took place in the year 2009.

Same-sex marriage has been fully recognized in Minnesota since August 1, 2013. Same-sex marriages have been recognized if performed in other jurisdictions since July 1, 2013, and the state began issuing marriage licenses to same-sex couples on August 1, 2013. After 51.9% of state voters rejected a constitutional amendment to ban same-sex marriage in November 2012, the Minnesota Legislature passed a same-sex marriage bill in May 2013, which Governor Mark Dayton signed on May 14, 2013. Minnesota was the second state in the Midwest, after Iowa, to legalize marriage between same-sex couples, and the first in the region to do so by enacting legislation rather than by court order. Minnesota was the first state to reject a constitutional amendment banning same-sex marriage, though Arizona rejected one in 2006 that banned all legal recognition and later approved one banning only marriage.

Same-sex marriage has been legally recognized in Wyoming since October 21, 2014. The U.S. state of Wyoming had previously prohibited state recognition of same-sex marriages by statute since 1977 and had enacted a more explicit ban in 2003. An attempt to enact legislation recognizing domestic partnerships as an alternative to marriage for same-sex couples failed in 2013. On October 17, 2014, a federal district court found the state's ban on same-sex marriage unconstitutional. Its ruling took effect on October 21 when state officials notified the court that they would not appeal the decision.

Same-sex marriage has been legally recognized in Nevada since October 9, 2014, when a federal district court judge issued an injunction against Nevada's enforcement of its same-sex marriage ban, acting on order from the Ninth Circuit Court of Appeals. A unanimous three-judge panel of the Ninth Circuit had ruled two days earlier that the state's ban on same-sex marriage was unconstitutional. Same-sex marriage was previously banned by an amendment to the Constitution of Nevada adopted in 2002. The statutory and constitutional bans were repealed in 2017 and 2020, respectively.

Same-sex marriage has been legal in South Carolina since a federal court order took effect on November 20, 2014. Another court ruling on November 18 had ordered the state to recognize same-sex marriages from other jurisdictions. Following the 2014 ruling of the Fourth Circuit Court of Appeals in Bostic v. Schaefer, which found Virginia's ban on same-sex marriage unconstitutional and set precedent on every state in the circuit, one judge accepted marriage license applications from same-sex couples until the South Carolina Supreme Court, in response to a request by the Attorney General, ordered him to stop. A federal district court ruled South Carolina's ban on same-sex marriage unconstitutional on November 12, with implementation of that decision stayed until noon on November 20. The first same-sex wedding ceremony was held on November 19.

Same-sex marriage has been legally recognized in Pennsylvania since May 20, 2014, when a U.S. federal district court judge ruled that the state's 1996 statutory ban on recognizing same-sex marriage was unconstitutional. Governor Tom Corbett announced the following day that he would not appeal the decision. Pennsylvania had previously prohibited the recognition of same-sex marriage by statute since 1996, but had never added such a ban to its State Constitution.

Same-sex marriage has been legally recognized in West Virginia since October 9, 2014. On July 28, 2014, a ruling by the Fourth Circuit Court of Appeals in Bostic v. Schaefer found Virginia's ban on same-sex marriage unconstitutional. On October 6, 2014, the U.S. Supreme Court denied certiorari in Bostic, allowing the ruling to take effect. As a result, on October 9, 2014, Governor Earl Ray Tomblin announced he was ordering state agencies to act in compliance with the controlling precedent in the Virginia case. Even though West Virginia's ban was not explicitly declared unconstitutional, the Fourth Circuit precedent made it certain the state's statutory ban would be overturned. The state started issuing marriage licenses to same-sex couples that same day. The U.S. District Court for the Southern District of West Virginia officially ruled the state's same-sex marriage ban unconstitutional on November 7, 2014.

<span class="mw-page-title-main">LGBT rights in the District of Columbia</span>

In the District of Columbia, lesbian, gay, bisexual, and transgender (LGBT) people enjoy the same rights as non-LGBT people. Along with the rest of the country, the District of Columbia recognizes and allows same-sex marriages. The percentage of same-sex households in the District of Columbia in 2008 was at 1.8%, the highest in the nation. This number had grown to 4.2% by early 2015.

<span class="mw-page-title-main">LGBT rights in Washington (state)</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in the U.S. state of Washington have evolved significantly since the late 20th century. Same-sex sexual activity was legalized in 1976. LGBT people are fully protected from discrimination in the areas of employment, housing and public accommodations; the state enacting comprehensive anti-discrimination legislation regarding sexual orientation and gender identity in 2006. Same-sex marriage has been legal since 2012, and same-sex couples are allowed to adopt. Conversion therapy on minors has also been illegal since 2018.

This article contains a timeline of significant events regarding same-sex marriage in the United States. On June 26, 2015, the landmark US Supreme Court decision in Obergefell v. Hodges effectively ended restrictions on same-sex marriage in the United States.

Same-sex marriage has been legal in Tennessee since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Governor Bill Haslam quickly announced that the state would abide by the court's decision, and same-sex couples began to marry in Tennessee. Previously, Tennessee had banned same-sex marriage both by statute and its State Constitution.

Same-sex marriage has been legal in Virginia since October 6, 2014, following the decision of the U.S. Supreme Court not to hear an appeal of the Fourth Circuit Court of Appeals' ruling in Bostic v. Schaefer. Same-sex marriages subsequently began at 1:00 p.m. on October 6 after the Fourth Circuit issued its mandate, and since then Virginia has performed legal marriages of same-sex couples and recognized out-of-state same-sex marriages. Previously, the state had passed a statute prohibiting same-sex marriage in 1975, and further restrictions were added in 1997 and 2004, which made "void and unenforceable" any arrangements between same-sex couples bestowing the "privileges or obligations of marriage". Voters approved an amendment to the Constitution of Virginia reinforcing the existing laws in 2006. On January 14, 2014, a U.S. district court judge ruled in Bostic that Virginia's statutory and constitutional ban on the state recognition of same-sex marriages were unconstitutional, a decision upheld by the Fourth Circuit on July 28, 2014.

Same-sex marriage has been legal in Georgia since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Attorney General Sam Olens said that Georgia would "adhere to the ruling of the Court", and the first couple married just one hour after the ruling was handed down. Previously, Georgia had banned same-sex marriage both by statute and its State Constitution.

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