The Alliance Defense Fund, a Christian-right legal group founded by James Dobson and other "prominent Christian leaders," is appealing the D.C. Board of Elections and Ethics ruling that rejected a referendum on recognizing same-sex marriages because it could wind up discriminating against people based on sexual orientation.
Alliance Defense Fund attorneys filed a lawsuit Wednesday against the District of Columbia Board of Elections and Ethics on behalf of Bishop Harry R. Jackson and other D.C. voters, challenging its vote Monday to deny the people a say on the city council’s decision to recognize same-sex “marriages” from other jurisdictions. In the suit, ADF attorneys point out that the board disregarded a previous court ruling when rejecting a referendum that would allow voters to decide the matter.
Note that the suit is filed on behalf of "Bishop Harry R. Jackson and other D.C. voters" -- an interesting choice of words considering Jackson's residency is in question and he only registered to vote in D.C. in April, as the fight over gay marriage was heating up -- and the placement of same-sex marriage in scare quotes.
The letter of the law is pretty clear on what can be subject to a referendum, so I doubt the appeal will succeed. The real action comes later this year when both houses of Congress will have to approve a D.C. appropriations bill -- and marriage-equality opponents in the Senate could make passage of the bill contingent on some kind of restrictions on marriage. Given that Democrats in Congress, along with the White House, have evidenced a startling disregard, and at times outright hostility to LGBT rights recently, this will be the prime -- and possibly last opportunity for marriage-equality opponents to stop the District from expanding marriage rights.
-- A. Serwer
