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'''[[Same-sex marriage]] in the [[Washington, D.C.|District of Columbia]]''' was legalized on December 18, 2009, when mayor [[Adrian Fenty]] signed a bill passed by the [[Council of the District of Columbia]] on December 15, 2009. Following the signing the measure entered a mandatory Congressional review of 30 work days. Marriage licenses became available on March 3, 2010, and marriages began on March 9, 2010.<ref name="APGresko">{{cite news|last=Gresko|first=Jessica|title=Same-sex marriage becomes legal in DC|work=[[Associated Press]]|publisher=[[Google News]]|date=March 3, 2010|url=http://www.google.com/hostednews/ap/article/ALeqM5gftV6RnfBC8iPPWGM0SGQeNLiC6QD9E71J3G0|accessdate=March 3, 2010|archiveurl=http://www.webcitation.org/5nx4LhJxv|archivedate=March 3, 2010}}</ref> The District became the only jurisdiction in the United States below the [[Mason–Dixon Line]] to allow same-sex couples to marry.<ref>[http://www.ebar.com/news/article.php?sec=news&article=4589 DC couples obtain marriage licenses]</ref>
Homosexual marriage in the [[Washington, D.C.|District of Columbia]]''' was legalized on December 18, 2009, when mayor [[Adrian Fenty]] signed a bill passed by the [[Council of the District of Columbia]] on December 15, 2009. Following the signing the measure entered a mandatory Congressional review of 30 work days. Marriage licenses became available on March 3, 2010, and marriages began on March 9, 2010.<ref name="APGresko">{{cite news|last=Gresko|first=Jessica|title=Same-sex marriage becomes legal in DC|work=[[Associated Press]]|publisher=[[Google News]]|date=March 3, 2010|url=http://www.google.com/hostednews/ap/article/ALeqM5gftV6RnfBC8iPPWGM0SGQeNLiC6QD9E71J3G0|accessdate=March 3, 2010|archiveurl=http://www.webcitation.org/5nx4LhJxv|archivedate=March 3, 2010}}</ref> The District became the only jurisdiction in the United States below the [[Mason–Dixon Line]] to allow same-sex couples to marry.<ref>[http://www.ebar.com/news/article.php?sec=news&article=4589 DC couples obtain marriage licenses]</ref>


In addition to recognizing same-sex marriages, since 1992 the District has also allowed residents to enter into registered [[domestic partnership]]s; since the passage of the ''Domestic Partnership Judicial Determination of Parentage Act of 2009'', the District recognizes 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.<ref>{{cite news|url=http://www.nytimes.com/2009/07/08/us/08marriage.html|title=Washington, D.C., Recognizes Same-Sex Marriages|last=[[Associated Press]]|date=July 7, 2009|work=[[New York Times]]|accessdate=01 December 2009}}</ref><ref>{{cite news|url=http://www.cbn.com/cbnnews/politics/2009/July/Gay-Marriage-Bill-Takes-Effect-in-Nations-Capital/|title=Gay Marriage Bill Takes Effect in Nation's Capital|last=Gaynair|first=Gillian|date=July 7, 2009|work=Christian Broadcasting Network|accessdate=01 December 2009}}</ref>
In addition to recognizing gay marriages, since 1992 the District has also allowed residents to enter into registered [[domestic partnership]]s; since the passage of the ''Domestic Partnership Judicial Determination of Parentage Act of 2009'', the District recognizes 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.<ref>{{cite news|url=http://www.nytimes.com/2009/07/08/us/08marriage.html|title=Washington, D.C., Recognizes Same-Sex Marriages|last=[[Associated Press]]|date=July 7, 2009|work=[[New York Times]]|accessdate=01 December 2009}}</ref><ref>{{cite news|url=http://www.cbn.com/cbnnews/politics/2009/July/Gay-Marriage-Bill-Takes-Effect-in-Nations-Capital/|title=Gay Marriage Bill Takes Effect in Nation's Capital|last=Gaynair|first=Gillian|date=July 7, 2009|work=Christian Broadcasting Network|accessdate=01 December 2009}}</ref>


==Domestic partnerships==
==Domestic partnerships==
Domestic partnership in the District is 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 the hospital and jail and to make decisions concerning the treatment of a domestic partner’s remains and estate after the partner’s death.<ref name='dcdp2007'>{{cite web|url=http://dchealth.dc.gov/doh/cwp/view,a,3,q,573324,dohNav_GID,1787,dohNav,/33110/33120/33139/.asp#6 |title=Domestic Partnership |accessdate=2007-07-30 |publisher=DC Department of Health, Vital Records Division }}</ref>
Domestic partnership in the District is open to both homosexual and hetrosexual 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 the hospital and jail and to make decisions concerning the treatment of a domestic partner’s remains and estate after the partner’s death.<ref name='dcdp2007'>{{cite web|url=http://dchealth.dc.gov/doh/cwp/view,a,3,q,573324,dohNav_GID,1787,dohNav,/33110/33120/33139/.asp#6 |title=Domestic Partnership |accessdate=2007-07-30 |publisher=DC Department of Health, Vital Records Division }}</ref>


The measure also grants District of Columbia government employees rights to a number of benefits. Domestic partners are eligible for [[health care]] [[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.<ref name='dcdp2007' />
The measure also grants District of Columbia government employees rights to a number of benefits. Domestic partners are eligible for [[health care]] [[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.<ref name='dcdp2007' />
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==Same-sex marriage==
==Same-sex marriage==
===Recognition of out-of-state marriages===
===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.<ref>{{cite web|url=http://www.dccouncil.washington.dc.us/lims/legislation.aspx?LegNo=B18-0010&Description=DISCLOSURE-TO-THE-UNITED-STATES-DISTRICT-COURT--AMENDMENT-ACT-OF-2009.&ID=21817|title=JURY AND MARRIAGE AMENDMENT ACT OF 2009|work=DC City Council|accessdate=01 December 2009}}</ref> The move was hailed as a possible gateway to legislation of same-sex marriage in the near future.<ref>[http://www.washingtonpost.com/wp-dyn/content/article/2009/04/07/AR2009040702200.html?hpid=topnews DC recognizes foreign gay marriages]</ref> Under the District's procedures, the bill was voted on again on May 5, 2009, passing with a 12-1 vote.<ref>[http://www.washingtonpost.com/wp-dyn/content/article/2009/05/05/AR2009050501618.html?hpid=topnews D.C. Gay Marriage Measure Set for Mayor's Signature]</ref> The act was signed by Mayor [[Adrian Fenty]] and was subject to a review period, which expired on July 7, 2009 at 12:01am.
On April 7, 2009, the same day that [[Vermont]] legalized same-sex marriage, the council voted unanimously (12-0) to recognize homosexual marriages performed in other jurisdictions.<ref>{{cite web|url=http://www.dccouncil.washington.dc.us/lims/legislation.aspx?LegNo=B18-0010&Description=DISCLOSURE-TO-THE-UNITED-STATES-DISTRICT-COURT--AMENDMENT-ACT-OF-2009.&ID=21817|title=JURY AND MARRIAGE AMENDMENT ACT OF 2009|work=DC City Council|accessdate=01 December 2009}}</ref> The move was hailed as a possible gateway to legislation of same-sex marriage in the near future.<ref>[http://www.washingtonpost.com/wp-dyn/content/article/2009/04/07/AR2009040702200.html?hpid=topnews DC recognizes foreign gay marriages]</ref> Under the District's procedures, the bill was voted on again on May 5, 2009, passing with a 12-1 vote.<ref>[http://www.washingtonpost.com/wp-dyn/content/article/2009/05/05/AR2009050501618.html?hpid=topnews D.C. Gay Marriage Measure Set for Mayor's Signature]</ref> The act was signed by Mayor [[Adrian Fenty]] and was subject to a review period, which expired on July 7, 2009 at 12:01am.


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 Right Act which specifically disallow the public's voting against several protected classes - one being, sexual orientation.
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 Right Act which specifically disallow the public's voting against several protected classes - one being, sexual orientation.

Revision as of 19:21, 26 November 2010

Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Homosexual marriage in the District of Columbia was legalized on December 18, 2009, when mayor Adrian Fenty signed a bill passed by the Council of the District of Columbia on December 15, 2009. Following the signing the measure entered a mandatory Congressional review of 30 work days. Marriage licenses became available on March 3, 2010, and marriages began on March 9, 2010.[1] The District became the only jurisdiction in the United States below the Mason–Dixon Line to allow same-sex couples to marry.[2]

In addition to recognizing gay marriages, since 1992 the District has also allowed residents to enter into registered domestic partnerships; since the passage of the Domestic Partnership Judicial Determination of Parentage Act of 2009, the District recognizes 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.[3][4]

Domestic partnerships

Domestic partnership in the District is open to both homosexual and hetrosexual 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 the hospital and jail and to make decisions concerning the treatment of a domestic partner’s remains and estate after the partner’s death.[5]

The measure also grants District of Columbia government employees rights to a number of benefits. Domestic partners are eligible for health care 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.[5]

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 City Council and signed into law by the Mayor of Washington, D.C. 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 Health Care Benefits Expansion Act.[6] The law was finally implemented in fiscal year 2002 after Congress failed to add the rider to the appropriations bill.[7]

Since the 2002 implementation of domestic partners, the benefits attached to Domestic Partnerships has 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 partners.[5] The Deed Recordation Tax and Related Amendments Amendment Act of 2004 provided equal treatment, like spouses, of domestic partners for the purpose of paying the deed recordation tax.[5] 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 your partner. 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.[5]

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 legal marriage to domestic partners, such as the marital estate tax deduction.[5] At the time of this latest expansion coming into effect in April 2006, there were 587 registered couples.[8]

The District of Columbia Council and Mayor of Washington, D.C., once again, incrementally expanded the 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.[9]

On May 6, 2008, the District of Columbia city council unanimously passed the Omnibus Domestic Partnership Equality Amendment Act of 2008. According to the Washington Blade, "the bill 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."[10]

On May 20, 2009, the Domestic Partnership Judicial Determination of Parentage Act 2009 passed and signed into law allowing DC recognition of other states domestic partnerships and amends DC laws on parentage entitlements and rights to children from adult domestic partnerships.[11] The proposed law became effective from July 20, 2009.[12]

On March 25, 2010, during the Health Care and Education Reconciliation Act of 2010 debate, the U.S. Senate defeated an attempt by Utah Senator Bob Bennett[13] 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".[14]

Same-sex marriage

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 homosexual marriages performed in other jurisdictions.[15] The move was hailed as a possible gateway to legislation 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 at 12:01am.

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 Right Act which specifically disallow the public's voting against several protected classes - one being, sexual orientation.

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, and also allowed the voters to weigh in. The group had filed with the Court 3 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.[18]

Religious Freedom And Civil Marriage Equality Amendment Act 2009

Wikinews has related news:

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.[19][20]

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

On December 1, 2009 the act passed by a vote of 11-2 on its first reading. The second reading was voted on December 15, 2009 where the measure was again passed by a vote of 11-2. The bill received the mayor's signature on December 18 and had to survive a 30-day congressional review period before becoming law.[23] It was considered unlikely that the law would be overturned;[24] and the District government estimated that the law would take effect on March 3, 2010.[25] Marriage licenses became available on March 3, 2010.[1]

Bishop Harry Jackson, the pastor of Hope Christian Church, sued the District after the D.C. Board of Elections and Ethics refused to approve a ballot initiative on the issue of same-sex marriage. The Board stated that such an initiative would violate D.C.'s Human Rights Act. In January 2010, the D.C. Superior Court upheld the board's decision.[26]

On May 4, 2010, the D.C. Court of Appeals held a hearing on an appeal of D.C. Superior Court decision, that the D.C. voters should have been allowed to vote on the issue of same-sex marriage. Attorneys for D.C. argued that 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, ruling 5-4 that the initiative would permit discrimination against gays and lesbians in the District, which is prohibited by the D.C. Human Rights Act.[27][28]

Economic impact

A UCLA study concluded that extending marriage to same-sex couples will 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.[29]

References

  1. ^ a b Gresko, Jessica (March 3, 2010). "Same-sex marriage becomes legal in DC". Associated Press. Google News. Archived from the original on March 3, 2010. Retrieved March 3, 2010.
  2. ^ DC couples obtain marriage licenses
  3. ^ Associated Press (July 7, 2009). "Washington, D.C., Recognizes Same-Sex Marriages". New York Times. Retrieved 01 December 2009. {{cite news}}: Check date values in: |accessdate= (help)
  4. ^ Gaynair, Gillian (July 7, 2009). "Gay Marriage Bill Takes Effect in Nation's Capital". Christian Broadcasting Network. Retrieved 01 December 2009. {{cite news}}: Check date values in: |accessdate= (help)
  5. ^ a b c d e f "Domestic Partnership". DC Department of Health, Vital Records Division. Retrieved 2007-07-30.
  6. ^ CitizenLink: Amendment Would Mean No Money to D.C. Domestic-Partner Registry
  7. ^ "D.C. Domestic Partnership Program". Human Rights Campaign. Retrieved 2008-05-15.
  8. ^ "Registration for Domestic Partnership". Partners Task Force for Gay and Lesbian Couples. Retrieved 2007-07-30. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
  9. ^ "GLAA celebrates as new domestic partnership joint filing law takes effect". Gay and Lesbian Activists Alliance of Washington. Retrieved 2008-05-15.
  10. ^ Chibbaro, Lou (2008-05-16). "D.C. Council expands DP law". Washington Blade. Retrieved 2008-05-17. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
  11. ^ DOMESTIC PARTNERSHIP JUDICIAL DETERMINATION OF PARENTAGE AMENDMENT ACT OF 2009
  12. ^ Council of the District of Columbia Committee on Public Safety and the Judiciary Committee Report
  13. ^ DC Marriage Amendment to Health Insurance Reform Bill Defeated in Senate
  14. ^ TEXT OF AMENDMENTS -- (Senate - March 23, 2010)
  15. ^ "JURY AND MARRIAGE AMENDMENT ACT OF 2009". DC City Council. Retrieved 01 December 2009. {{cite web}}: Check date values in: |accessdate= (help)
  16. ^ DC recognizes foreign gay marriages
  17. ^ D.C. Gay Marriage Measure Set for Mayor's Signature
  18. ^ Judge Declines to Stay Law on Gay Marriage
  19. ^ Same-sex marriage bill set in D.C.
  20. ^ RELIGIOUS FREEDOM AND CIVIL MARRIAGE EQUALITY AMENDMENT ACT OF 2009
  21. ^ "No Measure to Ban Gay Marriage". The New York Times. November 18, 2009. Retrieved May 22, 2010.
  22. ^ D.C. vote on gay marriage denied
  23. ^ Mayor Adrian Fenty Signs DC Marriage Bill
  24. ^ "D.C. mayor signs same-sex marriage bill". CNN. December 18, 2009. Retrieved December 18, 2009.
  25. ^ Alexander, Keith L. (March 2, 2010). "D.C. marriage bureau preparing for crush of same-sex couples". Washington Post. Retrieved 2 March 2010.
  26. ^ Evans, Markham (2010-05-04). "Appeals Court Weighs D.C. Gay Marriage Challenge". ABC 7 News. Retrieved 2010-05-05. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help) [dead link]
  27. ^ DC Marriage Initiative Hearing Happening Now
  28. ^ "Victory for Gay Marriage in D.C." (html). The Advocate. 2010-07-15. Retrieved 2010-07-15.
  29. ^ Ramos, Christopher; Badgett, M.V. Lee; Sears, Brad (April 2009). "The Economic Impact of Extending Marriage to Same-Sex Couples in the District of Columbia" (PDF). The Williams Institute. UCLA School of Law. {{cite web}}: External link in |work= (help)
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