DC Court of Appeals Issues Decision in Support of Marriage Equality

This afternoon, July 15th, the DC Court of Appeals issued a decision supporting the District of Columbia, which has some unique legislative issues due to its unusual status.
 The decision opens,


"THOMPSON, Associate Judge: The specific issue before us in this appeal is whether the


District of Columbia Board of Elections and Ethics (the “Board”) acted lawfully when it rejected

appellants’ proposed initiative measure on the ground that the measure would authorize, or have the

effect of authorizing, discrimination prohibited by the Human Rights Act,
 and therefore was not a

proper subject of initiative. As will be seen, however, the underlying issues are much broader and

more fundamental. They concern (1) the allocation of the power to enact laws governing the District

of Columbia, within the framework of the District of Columbia Home Rule Act; (2) the broad

legislative authority that Congress conferred on the Council of the District of Columbia (“the

Council” or “the Home Rule Council”), subject to specific enumerated limitations; (3) the deference

this court owes to the Council with respect to the meaning of the law that the Council passed to

enable the people of the District of Columbia to share in the Council’s legislative power through an

amendment to the Home Rule Charter"
 
and can be read in its entirety here:  
http://www.hrcbackstory.org/wp-content/uploads/2010/07/10-CV-20_JACKSON_MTD.pdf