DC Court of Appeals Upholds Same Sex Marriage Law - No Referendum
Today the DC Court of Appeals released it's decision in the case of Harry Jackson Jr., et al v. The DC Board of Elections and Ethics.
This decision by the DC Court of Appeals affirms 5-4 the decision of the lower court that rejected the argument that the Human Rights Act safeguard provision is an invalid restriction on the right of initiative and agreeing with the Board that appellant's proposed initiative would authorize discrimination.
The Council acted within its authority under the CAA and the Home Rule Act in enacting the Human Rights safeguard of the IPA and in directing the Board not to accept initiatives that contravene that safeguard. Because appellants' proposed initiative would authorizes, or have the effect of authorizing, discrimination on a basis prohibited by the Human Rights Act, it was not a proper subject of initiative. Therefore, the Board acted lawfully in refusing to accept the initiative on that basis. Accordingly, the judgment of the Superior Court upholding the Board's determination is affirmed."
court of appeals decision 7-15-10.pdf