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Judge Puts Kibosh on DC Gay "Marriage" Referendum

By Peter J. Smith

WASHINGTON, D.C., July 1, 2009 (LifeSiteNews.com) - A Superior Court judge has thrown out a request from local black pastors and marriage advocates to suspend a new law for the District of Columbia that recognizes same-sex "marriages" contracted outside the district until the people are able to hold a referendum on the matter.

D.C. Superior Court Judge Judith E. Retchin dismissed the motion for an injunction on the Jury and Marriage Amendment Act of 2009 (JMA) filed by the Stand 4 Marriage D.C. coalition, led by Bishop Harry Jackson of Beltsville's Hope Christian Church.

Retchin affirmed the decision of the D.C. Board of Elections and Ethics (BOEE) to block the referendum on the JMA, saying that putting the JMA up to a popular vote did not constitute a "proper subject" for a referendum. Retchin stated that the proposed referendum would have the effect of "authorizing discrimination" on the basis of gender or sexual orientation, which would violate provisions of the DC Human Rights Act (DCHRA) that prohibit discrimination on "gender or sexual orientation."

Retchin also said that a key 1995 Court of Appeals ruling cited by marriage advocates, Dean vs. D.C., which upheld a city clerk's refusal to grant a marriage license to a homosexual couple, did not support their case. The judge stated that Dean "involved a different factual scenario and presented a different legal question than is before the Court" as no state had legalized same-sex "marriage" at the time, and the marriage statutes of the D.C. code have since been changed to be gender-neutral.

Retchin stated that D.C. voters have initiative processes available to repeal a law, although elsewhere in her decision she states that even the initiative process is subject to the DCHRA.

"We are disappointed with the court's ruling, but our clients will proceed immediately with an initiative which will preserve marriage between one man and one woman in D.C.," said Brian Raum, senior legal counsel for the Alliance Defense Fund, in a statement.
 
"Marriage redefinition activists will advance their agenda by any means necessary, even if that means snuffing out fundamental rights like the right to vote. ADF will continue to defend the right of District residents to exercise their right to vote, because their elected representatives and this court have refused to do so."

The JMA was passed by the D.C. council on May 5. Barring an intervention from Congress, the JMA will become law July 6 at the end of a 30-day period for Congressional review.

Read the decision in Jackson v. District of Columbia Board of Elections and Ethics here.
http://www.dccourts.gov/dccourts/docs/09-4350_Jackson_v_DCBOEE.pdf

See related coverage by LifeSiteNews.com:

Appeal Filed against DC Board's Decision to Deny Public Vote on Same-Sex "Marriage"
http://www.lifesitenews.com/ldn/2009/jun/09061714.html

D.C. Ethics Board Rejects Referendum on Homosexual "Marriage" Advocated by Black Pastors
http://www.lifesitenews.com/ldn/2009/jun/09061511.html

Washington DC Approves Same-Sex "Marriage" Recognition
http://www.lifesitenews.com/ldn/2009/may/09050610.html

D.C. Prepares to Recognize Out of State Same-Sex "Marriages" May 5
http://www.lifesitenews.com/ldn/2009/apr/09041705.html

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