Friday March 5, 2010
Justice Roberts Rejects DC Marriage Bid, but Hints Later Appeal Possible
By Kathleen Gilbert
WASHINGTON, DC, March 5, 2010 (LifeSiteNews.com) – U.S. Supreme Court Chief Justice John Roberts issued the one-man order this week turning down an appeal by traditional marriage supporters, who attempted to stop enactment of the District of Columbia’s same-sex “marriage” law Wednesday. While some gay “marriage” advocates took the order as a sign of support, Roberts indicated that he did not intend to close the door on future action against the measure, but preferred that the question be dealt with first in a lower court already considering the case.
Pro-family attorneys had filed an injunction with the U.S. Supreme Court Tuesday to stop the new law, until DC voters were granted an opportunity to decide the marriage question via a referendum.
Earlier attempts to file a marriage referendum were met with rejection from the city’s Board of Elections and Ethics, who said the move amounted to a violation of DC law prohibiting “discrimination” against homosexuals.
Roberts, who decided against the injunction without bringing in the full court, explained that, “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.”
However, he admitted the argument presented “has some force.” While the bid for a referendum “will become moot when the Act goes into effect,” said Roberts, “petitioners have also pursued a ballot initiative, under related procedures in the DC Charter, that would give DC voters a similar opportunity to repeal the Act if they so choose.”
Because a separate petition for a ballot initiative awaits consideration by the DC Court of Appeals, Roberts indicated that court should be given “the chance to consider the relevant legal questions on their merits, and petitioners will have the right to challenge any adverse decision through a petition for certoriari in this Court at the appropriate time.”
Bishop Harry Jackson, pastor of Hope Christian Church in Beltsville, Md. and a leading traditional marriage advocate for the District, told OneNewsNow.com that he was disappointed with the outcome, but was still hopeful that DC residents will be allowed to vote on the issue.