Late Monday afternoon, the District of Columbia’s Board of Elections and Ethics determined that a proposed referendum to repeal the city council’s decision to recognize same-sex marriages performed in other jurisdictions violated the city’s Human Rights Act. The District’s Democratic establishment has scrambled to squelch the possibility of a popular vote on same-sex marriage in this majority-black jurisdiction, with the two members of the election board following the advice of the District’s attorney general, the general counsel of the city council, and at least two councilmen who submitted public testimony.

The bill recognizing same-sex marriages performed outside the District was approved by a 12-1 vote of the city council and was signed by Mayor Adrian Fenty on May 6. Notorious Ward 8 councilman Marion Barry cast the lone dissenting vote in deference to the beliefs of his constituents in southeast Washington. If the U.S. Congress doesn’t act, the bill will become law on July 6.