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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, and also allowed voters to weigh in. 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 Wikinews has related news: Laws allowing same sex marriage in Washington, D.C. go into effect



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 District of Columbia Board of Ethics and 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 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.[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, 2010.[1] From that day onwards, the definition of marriage in the District of Columbia has been the following:[27] 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. 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[28] 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] Legal challenges Bishop Harry R. Jackson, Jr., the pastor of Hope Christian Church in Beltsville, Maryland, 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.[30] On May 4, 2010, the District of Columbia Court of Appeals heard an appeal of the Superior Court decision. 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 in a 5–4 decision.[31][32][33] The United States Supreme Court on January 18, 2011, rejected Jackson's appeal without comment.[34] Economic impact A UCLA study 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. Same-sex weddings are fast becoming a significant part of the wedding industry. Many wedding vendors are open to serving same-sex couples, but most do not advertise as such on their public websites. Select vendors in the DC area have come out enthusiastically in support of the gay marriage.[35][36][37][38] Public opinion A January 2010 Washington Post poll found that 56% of District of Columbia residents were in favor of same-sex marriage, while 35% were opposed.[39] A 2017 Public Religion Research Institute poll found that 78% of District of Columbia residents supported same-sex marriage, while 17% opposed it and 5% were unsure.[40] 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 The establishment of lesbian, gay, bisexual and transgender (LGBT) rights in the District of Columbia is a relatively recent occurrence, with the majority of advances in LGBT rights having taken place in the late 20th century and early 21st century. Along with the rest of the country, the District of Columbia recognizes and allows same-sex marriage.[1] The percentage of same-sex households in the District of Columbia in 2008 was at 1.8%, the highest in the nation.[1] This number had grown to 4.2% by early 2015.[2] The District of Columbia is regarded as very accepting and tolerant of LGBT people and same-sex relationships, with a 2017 Public Religion Research Institute poll indicating that 78% of residents supported same-sex marriage.[3] The District also explicitly bans discrimination on the basis of sexual orientation and gender identity, and the use of conversion therapy on both minors and adults.[4] Same-sex marriage legislation came into effect in March 2010, granting same-sex couples the right to marry, while domestic partnerships were legalized in 2002. Contents 1 Law regarding same-sex sexual activity 2 Recognition of same-sex relationships 3 Adoption and family planning 4 Discrimination protections 4.1 Hate crime law 5 Gender identity and expression 6 Conversion therapy 7 Gay and trans panic defense 8 Public opinion and demographics 9 Summary table 10 References Law regarding same-sex sexual activity In 1801, the United States Congress enacted a law that continued all laws of Maryland and Virginia in the District, with those of Maryland applying to the portion of the District ceded from Maryland and those of Virginia applying to the portion ceded from Virginia. As a result, in the Maryland-ceded portion, sodomy was punished with up to seven years' imprisonment and death for slaves, whereas in the Virginia-ceded portion the penalty was set at 1-10 years' imprisonment and death for slaves. Maryland repealed the death penalty for slaves in 1809. In 1847, the Virginia-ceded portion was given back to Virginia, thus only the Maryland law had effect in the territory. In 1871, Congress granted the District home rule. All existing laws were retained unless and until expressly altered by the City Council. After direct rule was reinstated in 1874, Congress passed legislation in 1901 recognizing common-law crimes, with a penalty of up to five years' imprisonment and/or a fine of 1,000 dollars.[5] A 1935 law made it an offence to solicit a person "for the purpose of prostitution, or any other immoral or lewd purpose". In 1948, Congress passed a law providing for the "treatment of sexual psychopaths and other purposes", criminalizing sodomy, whether homosexual or heterosexual, with up to 10 years' imprisonment or a fine of 1,000 dollars. Oral sex was included in the law's application. The first court case dealing with the issue occurred just one year later in Tonker v. United States. According to a 1950 government report, some 1,400 arrests had been made for "sexual activity", 27% of which had charges dismissed by the courts. In another 50%, collateral was forfeited by the arrestee and nothing further happened. Most of the arrests were for "disorderly conduct". The police department had several officers whose sole job was to "check on homosexuals". Multiple court cases dealt with the issue in the following years. Many of the published sodomy and solicitation cases during the 1950s and 1960s reveal clear entrapment policies by the local police, some of which were disallowed by reviewing courts. In 1972, settling the case of Schaefers et al. v. Wilson, the District of Columbia Government announced its intention not to prosecute anyone for private, consensual adult sodomy, an action disputed by the U.S. Attorney for the District of Columbia. The action came as part of a stipulation agreement in a court challenge to the sodomy law brought by four gay men.[5] Same-sex sexual activity was decriminalized in 1981 but the decision was quickly overturned by the United States Congress.[6] A successful legislative repeal of laws criminalizing same-sex sexual activity followed in 1993.[7] Under the District of Columbia Home Rule Act 1973, all laws passed by the Council of the District of Columbia and signed by the Mayor, are subject to a mandatory 30-day "congressional review" by the U.S. Congress. Only then after the 30-day congressional review, and if they are not blocked by Congress, that they become effective in the District of Columbia. Recognition of same-sex relationships Main article: Same-sex marriage in the District of Columbia Same-sex domestic partnerships were legalized by the Council in 1992 through the Health Benefits Expansion Act, but the Republican-controlled Congress refused to approve the measure until 2002, when a legislative rider preventing congressional approval of the Act's implementation was not included that year. Afterwards, the domestic partnerships provisions of District law were incrementally expanded. Same-sex 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. The District became the only jurisdiction in the United States below the Mason–Dixon Line to allow same-sex couples to marry, until neighboring Maryland legalized same-sex marriage on January 1, 2013. Domestic partnerships for same-sex and opposite-sex couples remain available as an option alongside marriage.[8] The District has provided benefits to same-sex partners of state employees since 2002.[9] Adoption and family planning Same-sex couples are allowed to legally adopt children. Additionally, lesbian couples have access to in vitro fertilization (the non-gestational, non-genetic parent is automatically recognized as a legal parent of a child born via donor insemination),[10] and gay couples are permitted to undertake gestational and traditional surrogacy arrangements under the same terms and conditions as different-sex couples.[11] On 2 December 2016, a legislative committee passed a bill, in a 9-0 vote, to allow commercial surrogacy contracts for all couples.[12] On 22 December 2016, the Council of the District of Columbia passed the bill in its second reading unanimously by a vote of 13-0.[13] The Mayor of the District of Columbia, Muriel Bowser, signed the bill into law on 15 February 2017.[14] The law went into effect on April 7, 2017, after the 30-day "congressional review" had passed. Discrimination protections Capital Pride is held annually in June. Participants at the 2018 parade Participants at the 2018 parade Sexual orientation and gender identity are both covered as protected classes under District law.[15] Moreover, the District's anti-bullying law prohibits bullying on the basis of race, color, ethnicity, national origin, religion, sex, age, marital status, personal appearance, sexual orientation, gender


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