Same-sex marriage (SSM) in Washington, DC

Potential veto of DC bill by Congress.
Congressional bill might force plebiscite.

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The story so far:

On 2009-MAY-05, as described elsewhere, Washington District of Columbia (DC) city council overwhelmingly passed a bill (12 to 1) to recognize in DC same-sex marriages that had been legally solemnized in other jurisdictions. So, for example, a loving, committed same-sex couple could drive to Connecticut, get married, return to DC and receive the recognitions, benefits and protections for themselves and their children that DC gives to all married couples.

This bill was signed by Mayor Adrian Fenty. By law, Congress then had a 30 legislative day review period in which to allow the bill to become law, or to veto it. The interval expired without Congress taking any action. As a result, all legal out-of-state marriages became recognized in DC, whether by same-sex or opposite-sex couples, at midnight on the morning of 2009-JUL-07.

Council later passed a second bill by a simlar overwhelming vote: 11 to 2. If it becomes law, it would  establish the right of loving, committed same-sex couples to be married in DC. On 2009-DEC-18, the mayor signed this bill, as promised.

A group of conservative Christians attempted to implement a referendum that would allow DC voters to repeal the legislation. It would have required only a 50% vote plus one to restore the definition of marriage in the District to a union of one woman and one man. However, DC's laws specifically prohibits sexist, racist, homophobic and similar petitions that conflict with the equality provisions of the city's civil rights act. Thus, a city committee was forced to reject the referendum request. A court case followed. The judge agreed with the council committee that referenda specifically designed to terminate fundamental human rights cannot proceed.

Religious and social conservatives in Congress are attempting to derail marriage equality in Washington DC in two ways:

First possibility: A veto by Congress:

Bills passed by the District of Columbia city council and signed by the mayor are similar to laws passed by a state and signed by their governor, with one exception: They routinely go to the House Oversight and Government Reform Subcommittee in Congress for a legislative review. If most committee members are displeased with the bill, they may refer the bill to Congress, where it would be voted upon and possibly vetoed.

Congress has only 30 Congressional legislative days to implement a veto. It appears that there were holidays, weekends, and routine administrative tasks to be performed before this particular bill's 30 day clock started. According to AHN Media, the law entered the 30 day waiting period on 2010-JAN-11. ₁ Because of holidays, weekends, non-legislative-period days, etc. the 30 legislative day interval will not run out until sometime in late 2010-MAR.

As of 2010-MAR-03:

Second possibility: Pass bill H.R. 4430 and S. 2980 to force a plebiscite:

On 2010-JAN-13, Representative Jason Chaffetz [R-UT] introduced house bill HR 4430 titled: "To protect the democratic process and the right of the people of the District of Columbia to define marriage." ₄ As of 2010-FEB-03, it has one cosponsor: Jim Jordan [R-OH].

Nine U.S. Senators have agreed to co-sponsor a corresponding bill in the Senate: A. 2980. They are Senators:

Robert Bennett (R-UT),
Sam Brownback (R-KS),
Jim Bunning (R-KY),
John Cornyn (R-TX),
Mike Enzi (R-WY),
James Inhofe (R-OK),
Pat Roberts (R-KS),
David Vitter (R-LA), and
Roger Wicker (R-MS). 

Few people are probably surprised that all 9 senate co-sponsors and 2 House co-sponsors are from the Republican Party.

Brian Brown, executive director of the National Organization for Marriage -- an organization committed to fighting against marriage equality -- is backing HR 4430. He dispatched an alert on 2010-FEB-02, writing:

"The Senate leadership just wants this issue to go away, and will do whatever they can to bury it in committee. That's why every Senator needs to hear from people in his or her own state, urging him to stand up for the voting rights of DC residents."

"An out-of-control city council tried to do an end run around the DC Charter, refusing to recognize the rights of DC voters to file an initiative petition on marriage. Regardless of where your representatives stand on same-sex marriage, tell them that we ought not stand for this sort of government abuse against the residents of our nation’s capital."

"Tell your Senators and Congressman you want them to publicly stand for marriage and civil rights by co-sponsoring the DC Marriage Initiative Bill / HR4430. Tell them how important this issue is both for the future of marriage and for the rights of everyday citizens trying to stand up against a government machine." ₅

His first statement makes a lot of sense. Democratic members of congress would probably not wish to bring this house bill to a vote; they would probably prefer that the bill never see the light of day so that they would not have to go on record as supporting or opposing marriage equality.

The second statement seems to contain some factual errors.  

"Notwithstanding any other provision of law, including the District of Columbia Human Rights Act, the government of the District of Columbia shall not issue a marriage license to any couple of the same sex until the people of the District of Columbia have the opportunity to hold a referendum or initiative on the question of whether the District of Columbia should issue same-sex marriage licenses."