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Gay D.C. Councilmember Jim Graham (D-Ward 1) on Oct. 5 introduced a bill that
would amend the city’s Human Rights Act to add domestic partners as a category
protected from discrimination on the basis of marital status. The bill, the Human
Rights Marital Status Clarification Amendment Act of 2004, calls for adding the
term “domestic partnership” to the act’s existing categories,
which ban discrimination on the basis of being married, single, divorced or widowed.
Nine of the Council’s 13 members, including gay councilmember David Catania
(I-At-Large), signed on as co-sponsors to Graham’s bill, indicating the
bill is likely to receive quick approval. “This bill will ensure that domestic
partners are protected against discrimination to the same extent as married couples,”
Graham said. “But I emphasize that strengthening domestic partnerships does
not mean we lose sight of the goal of full and fair marriage laws in the District,”
Graham said. “We need greater equality now, but we will continue to work
for same-sex marriage.” Graham said he continues to urge D.C. Mayor Anthony
Williams to release an opinion by the city’s gay corporation counsel Robert
Spagnoletti on whether existing D.C. law gives the mayor authority to recognize
same-sex marriages performed in Massachusetts or other states. Sources from the
mayor’s office have said the Spagnoletti opinion declares that existing
city law would allow D.C. to recognize same-sex marriages performed legally by
another state. However, the sources have said Williams agreed to requests by some
gay activists, including members of the Gay & Lesbian Activists Alliance,
to hold off on releasing the Spagnoletti opinion at least until after Congress
adjourns and after the November election. GLAA, a small group of grassroots activists,
expressed concern that D.C. recognition of same-sex marriages from other states
would prompt Congress to overturn such recognition and amend the city’s
charter to ban the city from recognizing or legalizing same-sex marriage in the
future. A House-Senate conference committee on Oct. 5 approved the city’s
fiscal year 2005 appropriations bill without adding an anti-gay marriage provision
that some activists feared would occur. But GLAA spokesperson Rick Rosendall said
possible congressional action on the issue would continue to be a factor for the
foreseeable future.
LOU CHIBBARO JR.
A Baltimore judge refused to allow eight state legislators to become defendants
in a lawsuit aimed at overturning Maryland’s prohibition on same-sex marriage.
Baltimore City Circuit Judge M. Brooke Murdock rejected the lawmakers’
motion, noting that “intervention would unduly delay and prejudice the
adjudication of the rights of the original parties.” In July, the American
Civil Liberties Union, along with the state’s gay rights group, Equality
Maryland, sued the state over its gay marriage ban. Dan Furmansky, the executive
director of Equality Maryland said the eight lawmakers “were grasping
at straws.” The legislators who sought to be co-defendants were: Sen.
Alex X. Mooney (R-Frederick/Washington), Del. Christopher B. Shank (R-Washington),
Sen. Andrew P. Harris (Baltimore and Harford counties); Sen. Janet Greenip,
Del. Herbert H. McMillan and Del. Donald H. Dwyer Jr., all of Anne Arundel County;
and Del. Joseph C. Boteler III and Del. Emmett C. Burns Jr., both of Baltimore
County. The lawmakers, all Republicans with the exception of Burns who is a
Democrat, have not decided if they will appeal the decision, according to media
reports. The lawmakers were represented by the American Center for Law &
Justice, a conservative legal group.
JOE CREA
The City Council of Mount Rainier, Md., voted unanimously last week to adopt
an ordinance that extends health insurance benefits to domestic partners of
city employees. Effective immediately, both gay and straight domestic partners
will receive health insurance and other benefits, including sick and family
leave, according to city attorney Susan Silber. Mount Rainier, a city of 8,500
residents just outside of Washington, D.C., is considered to be a progressive
community by locals and is home to three gay elected officials: Mayor Bryan
Knedler, and city councilmembers Carol Gandee (Ward 1) and Pedro Briones (Ward
2). To qualify as a domestic partner, a couple must be unmarried, over 18 years
of age and reside with their partner. A person can also name a dependent as
a domestic partner, Silber said. Gandee was absent from Tuesday’s vote.
According to Silber, Gandee has been on vacation and was unable to attend.
JOE CREA
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