Opponents of gay marriage filed a lawsuit in D.C. Superior Court on Wednesday, challenging the city election board’s decision to reject a referendum on recognizing same-sex marriages and saying voters should decide the issue.
The Board of Elections and Ethics announced Monday that calling a voter referendum would violate the city’s Human Rights Act. That let stand the D.C. Council’s May 5 decision that the District will recognize as legal same-sex marriages performed in other jurisdictions.
In the appeal, the coalition Stand4MarriageDC cites Dean v. District of Columbia, a 1995 decision in the D.C. Court of Appeals that said to be legal, marriages must involve persons of opposite sexes and that denying a marriage license to a same-sex couple does not violate the D.C. Human Rights Act.
Coalition attorney Brian Raum told The Examiner on Wednesday that he expects to have a hearing on the suit within a week.
Bishop Harry Jackson of Hope Christian Church, who led the referendum effort, said he hopes the court of appeals will decide objectively.
“When something happens that’s this serious, the people deserve to have a chance to be heard,” Jackson said.
But gay rights activist Peter Rosenstein said holding a referendum on this issue wouldn’t be fair.
“[Stand4MarriageDC] filed this with the intent of discriminating against a certain class, and they understand that,” Rosenstein said.
Jackson said Wednesday morning outside D.C. Superior Court that the coalition’s goal is to make sure D.C. voters can weigh in.
“[In] one way, shape or form,” Jackson said, “we want the people to get to vote on this issue.”
