Jan 06, 2006  |  By: LOU CHIBBARO, JR.  | COMMENTS     

The District's far-reaching domestic partnership bill is on its way to Congress for approval, but a battle of historic proportions may be brewing.

The D.C. Council on Wednesday gave its final approval to the bill that provides an unprecedented set of marriage-like benefits and obligations to both same-sex and opposite-sex couples, as well as unmarried blood relatives, who live in the District.

Mayor Anthony Williams is expected to sign the bill in about 10 days and then send it to Capitol Hill, where it must undergo a required congressional review period of 30 legislative days.

City Hall observers are hopeful the bill, the Domestic Partnership Equality Act of 2005, won't trigger opposition from Congress similar to years past, when senators and representatives opposed to gay rights killed several gay-related bills that were approved by the City Council.

Since the 30-day review period applies only to "legislative" days, it usually takes about three months to complete the review process, assuming no one objects. Congress rarely holds legislative sessions more than three days per week.

Under city rules, a member of the Senate or House objecting to a D.C. bill can introduce a resolution of disapproval. But even the disapproval resolution must go through the normal legislative process, including committee hearings and committee approval in the House and Senate followed by approval by the full Senate and House.

The president also must sign the disapproval resolution before it takes effect and voids the D.C. bill it targets.

No vetoes in 20 years

Sen. Paul Strauss, the unpaid "shadow" senator elected by D.C. residents to lobby Congress, said the disapproval resolution process has not been invoked in more than 20 years. Instead, Strauss said, Congress has blocked or killed proposed D.C. bills in recent years through amendments attached to the city's annual congressional appropriations bill.

Strauss and others familiar with the disapproval resolution process said the appropriations route is easier because Congress must approve an appropriations bill to fund the city government.

Members of Congress who support gay rights can stall a disapproval resolution until the review period runs out, making it much more difficult to kill the bill, Strauss said.

Strauss said the domestic partners bill arrives on Capitol Hill a little more than a month after Congress approved the city's appropriations bill for fiscal year 2006. The next appropriations bill is not scheduled for consideration until next October or November.

"This puts us in good shape for the next several months," he said.

While he said that he is unaware of any effort by members of the House or Senate to derail the domestic partners bill, Strauss said Congress' sweeping authority over D.C. affairs allows it to pass a bill overturning a
District bill any time it wishes.

"If Congress really wants to stop it, it can," he said.

The domestic partners measure, introduced last February by Councilmember Phil Mendelson (D-At-Large), grants full inheritance rights to same-sex and opposite-sex couples who register with the city as domestic partners by recognizing each partner and the partners' children as legal heirs.

The bill also provides immunity from testifying against a partner in civil or criminal proceedings, gives legal standing to sue for negligence in a wrongful death case, and allows couples to make legally binding "pre-marital" agreements.

In addition, the legislation requires partners to provide alimony and child support payments in the event a couple separates and dissolves the domestic partnership. It holds each partner responsible for the others' debts associated with home mortgages and other property holdings.

New health care rights

In other action, the Council gave final approval to three other gay-related bills, including a measure adding domestic partnership benefits not included in the Mendelson bill.

The Health Care Benefits Expansion Amendment Act of 2005, introduced by Councilmembers Kathy Patterson (D-Ward 3) and Jack Evans (D-Ward 2), allows partners of D.C. government employees to receive city health insurance benefits at the same cost as employees married spouses.

Under the current law, domestic partners must pay 100 percent of the monthly premium compared to 25 percent of the premium paid by married spouses.

The Council also passed on final reading a bill making the Office of Lesbian, Gay, Bisexual & Transgender Affairs a permanent part of the city government. Williams created the office last year by executive order.

Another bill approved on final reading amends the city's Human Rights Act to add stronger, anti-discrimination protections for transgender residents.

The alimony, child support, and debt provisions in the Mendelson bill mark the first time the city has added marriage-like obligations to its domestic partners law. The city's existing ...