Thursday July 15, 2010

People Have no Right to Vote on Gay ‘Marriage’ Rules D.C. Appeals Court

By John Jalsevac

WASHINGTON, July 15, 2010 ( – In a 5-4 decision, the D.C. Court of Appeals held today that the residents of Washington D.C. do not have the right to vote on the issue of same-sex “marriage,” and that allowing a vote on the issue would amount to allowing “discrimination.”

The decision is the latest in a lengthy battle by Stand 4 Marriage DC, a coalition of the federal district’s religious leaders led by Bishop Harry Jackson of Hope Christian Church, to put the issue of gay “marriage” to a vote by the people.

In May of 2009 the 13 members of the D.C. City Council voted to recognize same-sex “marriages” that were performed in other U.S. states, after which Stand 4 Marriage appealed to allow a referendum on the issue.

However, their efforts have been blocked every step of the way, with local bureaucrats and judges repeatedly deciding that putting same-sex “marriage” to a popular vote would violate the human rights of homosexuals.

In June 2009, the capital district’s Board of Elections and Ethics ruled “that the Referendum does not present a proper subject of referendum because it would authorize discrimination prohibited under the Human Rights Act.”

On December 15 of last year, the city council voted 11-2 to pass a bill that would legalize all same-sex “marriages” in D.C. in addition to those contracted in other states. The law went into effect on March 3.

In January the D.C. Superior Court agreed with the city’s ethics board, saying that, “The fact that the proposed initiative, if passed, would violate the Human Rights Act provides an independent basis for upholding the Board’s decision.”

In today’s ruling, the five majority judges of the appeals court reiterated these arguments, writing that the board “was not obliged to allow initiatives that would have the effect of authorizing discrimination prohibited by the Human Rights Act to be put to voters.”

The homosexualist organization Human Rights Watch applauded Thursday’s ruling. “The court’s ruling today is a significant victory for justice, the rule of law and the protection of all D.C. residents against discrimination,” said Human Rights Campaign President Joe Solmonese.

“It’s time for the National Organization for Marriage to realize equality is here to stay no matter how much money they want to throw at turning back the clock.”

Keeping the issue of same-sex “marriage” from going to a referendum is a top priority for homosexualist activists – in every jurisdiction in the country where same-sex “marriage” has been put to a referendum, including some of the most liberal states in the union, it has been rejected by the people.

Penny Nance, Chief Executive Officer of Concerned Women for America (CWA), denounced today’s opinion, saying that, “The D.C Court of Appeals strikes at the heart of democracy with this activist ruling.”

“Knowing that whenever the issue of homosexual marriage is left to the voters the people overwhelmingly choose to protect traditional marriage … a handful of activist judges who want to promote what they see as a desirable policy for our country, have taken matters into their own hands and imposed homosexual marriage by judicial fiat,” she said.

“No question, the case should be appealed to the United States Supreme Court.”

According to the Washington Post, Bishop Jackson is intending to appeal to the Supreme Court.

Jackson said that today is a “sad day” but also said that he was “encouraged” by the split vote.

“This is a very precedent-setting decision for District citizens because of the issue of whether an initiative can be blocked by District laws,” Jackson said. “The people have a right to vote on this issue.”

Austin Nimocks, senior legal counsel for the Alliance Defense Fund, which has been instrumental in protecting true marriage, said: “The decision from the District of Columbia Court of Appeals today means that those living in our nation’s capital are being denied their most fundamental freedom – the right to vote.”

“We are considering our options to right this wrong, which include asking the Supreme Court of the United States to consider this case.”

See related coverage:

DC Gay ‘Marriages’ Begin after Supreme Court Tosses Appeal

Appeal Filed to Give D.C. Voters Right to Vote on Gay “Marriage” Law

D.C. Government Quashes Marriage Ballot Initiative as Violation of “Human Rights”

Gay “Marriage” Law Forces D.C. Archdiocese to End Foster Care


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