Jun 18, 2004  |  By: LOU CHIBBARO JR.  | COMMENTS     

D.C. Mayor Anthony Williams told gay activists at a private luncheon meeting this month that he plans to announce shortly before the July 4 weekend whether the city will legally recognize same-sex marriages performed in Massachusetts.

News of the mayor’s intention on the marriage recognition issue comes at a time when Republican members of Congress are considering introducing legislation to prohibit gays from marrying in the District.

Williams disclosed his plans to announce his marriage decision at a closed meeting with members of his Gay, Lesbian, Bisexual & Transgender Advisory Committee.

Tony Bullock, the mayor’s press secretary, confirmed the mayor’s comments at the meeting, saying Williams would likely issue a directive informing city agencies on how they should respond if same-sex couples who marry in Massachusetts come to D.C.

“I’m not saying its going one way or the other,” Bullock said. “Whatever it is, people need to know.”

Shortly before meeting with his gay advisory panel, the mayor issued an executive order changing the title of the city’s chief attorney, Robert Spagnoletti, from D.C. corporation counsel to attorney general for the District of Columbia.

Spagnoletti, who is gay, earlier this year prepared a legal opinion for the mayor on whether District law permits or requires the city to legally recognize same-sex marriages performed in Massachusetts or other states. Williams has declined to disclose the contents of Spagnoletti’s opinion, saying he would release the opinion at a time he deems appropriate.

District government sources have said the opinion states that city law does allow D.C. to recognize legally valid marriages issued by other states, but city officials have refused to confirm these reports.

Graham pushes for announcement
Wanda Alston, the mayor’s special assistant for GLBT affairs, said Williams told members of his gay advisory committee that he agreed to release his decision on the marriage issue in about 30 days from the time of the June 1 luncheon meeting, at the request of gay D.C. Council member Jim Graham (D-Ward 1).

Graham has said that a significant number of same-sex couples from Massachusetts would likely soon move to or visit the District. Graham said they would be “left hanging” on whether they would be eligible for various city benefits and rights that come with marriage.

Bullock said the mayor agrees that married same-sex couples should be told where they stand.

“Frontline agencies need to know what they should do if a same-sex couple comes in to file a joint tax return or wants to change the marital status on their driver’s license or wants to amend a deed — or anything where marriage would have an impact,” Bullock said.

“What the mayor and Bob Spagnoletti recognize is that we need to have a clear directive from the attorney general,” Bullock said. “And the attorney general would want to set for policy what the mayor decided upon.”

Gay D.C. Council member David Catania (R-At-Large) said at a Gay Pride town hall meeting last week that he expects opponents of gay rights on Capitol Hill to impose a Defense of Marriage Act law on D.C. Catania said hostile members of Congress would use the DOMA law as a “dress rehearsal” for a proposed federal constitutional amendment to ban same-sex marriage.

“By having an opportunity to push something like that, they will be able to see where their votes are,” Catania said. “They will use it in a technically malicious way.”

Many Capitol Hill observers believe backers of the proposed constitutional ban on gay marriage, the Federal Marriage Amendment, don’t have enough votes to pass it this year. But gay activists worry that an anti-gay measure barring D.C. from recognizing same-sex marriage could likely pass in Congress because lawmakers know most of their constituents at home pay little or no attention to matters pertaining to D.C.

“I’m pleased that the mayor is going to do this,” Graham said. “I think people need to be advised of what their status would be in D.C.”

Some gay activists have urged Williams not to issue such an opinion, saying to do so would encourage anti-gay members of Congress to slap the city with a law banning same-sex marriage. Congress retains powers to pass or repeal any law applicable to D.C., per the city’s home rule charter.

Lou Chibbaro Jr. can be reached at lchibbaro@washblade.com.