GLAA Supports Marriage Equality

The DC Gay and Lesbian Activist Alliance is one of many organizations in DC that supports Marriage Equality. GLAA has made marriage equality part of their 2007 Agenda. Which states in part:

"GLAA seeks the fundamental right to marry as part of the full integration into American society that is our birthright. A policy of exclusion against same-sex couples amounts to red-lining the American dream and saying that 'liberty and justice for all' does not apply to you if you're a member of an unpopular minority."

If your organization supports marriage equality and would like to be included on the list of supportive elected officials and organizations, please let us know by filling out this online form.

Save The Date: December 6th Forum on Marriage Equality

The DC Center and DC for Marriage invite you to join on on Thursday December 6th at 7:00 PM for a forum on Marriage Equality in the District of Columbia. The event takes places in Room 412 of the Wilson Building, 1350 Pennsylvania Avenue, NW. To download a 'save the date' flyer for this event, click here.

Our goals are for participants to:

• Understand their current rights & responsibilities under DC domestic partnership laws.
• Understand current domestic partnership legislation and what needs to happen to achieve full marriage equality for same-sex couples.
• Participate in a community-wide discussion about when and how to push for marriage equality in the District of Columbia.
• This event is still in the planning stages and your participation is welcome.

Organizations that would like to sign on as sponsors of this event and individuals who would like to help plan this forum please send an e-mail to communityforum@dcformarriage.org.

Kwame Brown Supports Marriage Equality for the District of Columbia

At a recent meeting of the Gertrude Stein Democrats, city council member Kwame Brown stated he supports equal civil-marriage rights for same-sex couples in the District of Columbia. Brown had previously only supported civil unions, as stated in a 2004 candidate survey.

Brown joins nine other city council members who have stated their support for marriage equality. They are: Vincent Gray (D-At-Large), Phil Mendelson (D-At-Large), David Catania (I-At-Large), Jim Graham (D-Ward 1), Jack Evans (D-Ward 2), Mary Cheh (D-Ward 3), Muriel Bowser (D-Ward 4), Harry Thomas Jr. (D-Ward 5) and Tommy Wells (D-Ward 6).

The Washington Blade covered the story:

Washington City Councilmember Kwame Brown (D-At-Large) told members of the Gertrude Stein Democratic Club Monday that he would “definitely” vote for a bill to legalize same-sex marriage in the District of Columbia if such a bill comes up for a vote. Brown’s comments supporting a same-sex marriage bill marked a change from the position he took during his 2004 election campaign. At that time, he stated in a Gay & Lesbian Activists Alliance candidate questionnaire, “My deeply [held] religious beliefs lead me to personally believe that marriage should be defined as between a man and a woman.” Brown elaborated in the questionnaire that, as a Councilmember, he would fight for the legal rights of all residents, “regardless of sexual orientation,” but stopped short of backing a gay marriage bill. Brown, who is running for re-election in 2008, said he remains “uncomfortable” with same-sex marriage on personal and religious grounds. But he said, “If it came up today, I would vote for it. That’s where I am today.” Brown becomes the 10th member of the 13-member D.C. Council to join Mayor Adrian Fenty (D) in pledging to vote for a same-sex marriage bill. Fenty and nearly all Councilmembers have said they agree with many gay activists that the city should not pass a gay marriage bill any time soon because it would likely be overturned by Congress and it could prompt Congress to pass a law permanently banning same-sex marriage in the city.

DC Forum on Marriage Equality

I'm pleased to share with you that The DC Center and DC for Marriage are planning a city-wide community forum on Marriage Equality for the District of Columbia.

The purpose of this event is two-fold. First it will be a great opportunity for same-sex couples in DC come in to learn about the benefits that are available under DC's current domestic partnerships laws. Second, it will be a chance for the DC LGBT community to discuss the steps that need to be taken to achieve full marriage equality in the District of Columbia, and the best way for us to move forward.

Donald Hitchcock, Michael Sessa, and myself (David Mariner), are all goign to work to make this happen, but we need your help. If you would like to be a part of organizing this event, please contact me and I'll add you to the planning list. Also, if your organization is interested in being a co-sponsor of this event, I'd love to hear from you.

Stay tune for details as planning of this event continues.

Frequently Asked Questions: DC Domestic Partnerships in DC

Here are some frequently asked questions about domestic partnerships in DC courtesy of the Department of Health

What is the Health Care Benefits Expansion Act of 1992?

This law, (DC Law 9-114, effective June 11, 1992), authorizes unmarried persons, whether of the same sex or different genders and regardless of one's place of residence, to register as domestic partners in the District of Columbia. Registration enables the partners to be eligible to receive health care insurance coverage if one of the partners works for and was employed by the District government after 1987. The law also guarantees the partners mutual visitation rights in hospitals, and nursing homes.

What is the Domestic Partnership Registration Rule?

The Domestic Partnership Registration Rule implements the Health Care Benefits Expansion Act of 1992 by establishing the procedures and fees for registration, termination, and amendment of a declaration of domestic partnership.

Who is eligible to participate?

Anyone, whether a resident or non-resident may register a declaration of domestic partnership with another person, provided that both persons satisfy the registration requirements.

What are the registration requirements to participate?

To register, both applicants must be 18 years old or older, both must be competent to contract, both must be unmarried, and both must not have entered into another domestic partnership. In addition both applicants must share a permanent residence.

What are the benefits of participation?

For District of Columbia government personnel first employed after October 1, 1987:

1. the ability to add healthcare insurance coverage for one's domestic partner and eligible dependents of domestic partners as if the domestic partner and dependents were family members;
2. the ability to use annual leave or unpaid leave to care for one's domestic partner or the dependents of one's domestic partner;
3. 
   the ability to use annual leave or unpaid leave as requested to arrange for or attend the funeral of one's domestic partner; and
4. the ability to use annual leave or unpaid leave for the birth or adoption of a dependent child;

All domestic partners are entitled to have the same rights as family members to visit their domestic partners in the hospital, and have the right to make decisions concerning the treatment of one's domestic partner's remains after the partner's death. An employer who chooses to give benefits to a domestic partner can offer whatever benefits the employer chooses.

Where do I apply for a Domestic Partnership Certificate?

Applicants for domestic partnership registration must apply in person to:
DC Department of Health
Vital Records Division
825 North Capitol Street, NE,
Washington DC 20002
(202) 442-9303

What is the process of applying for a Domestic Partnership Certificate?

Both parties seeking to register as domestic partners must appear in person, provide documentation to establish that they satisfy the requirements for registration, submit a single application for registration, and pay the appropriate fee.

Is there an interview or oral examination involved?

An interview or examination is not required; however, the Registrar may examine applicants under oath to verify any of the information the applicants are required to provide.

Can I get a certificate of domestic partnership on the day I apply?

Although there is no minimum waiting period before receiving a certificate of domestic partnership, the registration is not complete until the Registrar verifies that the application is complete and that the applicants satisfy the requirements for registration. It may, therefore, take several days before a certificate is prepared. Once completed, the certificate can either be picked up or mailed.

What proof of mutual residence (living together) is required?

Submitting one (1) of the following documents may satisfy proof of mutual residence:

• current residential lease or rental agreement naming both applicants as occupants;
• current residential mortgage that names both applicants as mortgagors;
  deed for residential property stating that both applicants share title to the premises;
• current residential property utility bills naming both partners as responsible for payment; or
• an affidavit executed within the previous 6 months, in which both parties state, under penalty of perjury, that they both share the same residence.

What are the fees?

Registration including one certificate, $45
Certified copy of certificate, $18
Domestic partnership amendment, $10
Domestic partnership termination certificate, $25
Withdrawal of domestic partnership termination, $10
Certified copy of domestic partnership termination certificate, $18
Record search (per name and year), $10

How can I amend a domestic partnership registration?

Only a party to a domestic partnership can amend his or her domestic partnership records by filing an amendment form with the Registrar. Applications for amendment of domestic partnership records must be supported by documentary evidence.

What information can be amended in a domestic partnership registration?

Parties to a domestic partnership may file an amendment to:

1. add a dependent child of a domestic partner;
2. file a change of address; or
3. file a legal name change.

Can I appeal if my application is denied?

An appeal may be filed according to the requirements of DC Official Code section 2-510, which requires the persons denied to file a written petition for review in the District of Columbia Court of Appeals.

When does a domestic partnership end?

A domestic partnership may be terminated automatically:

1. when the partners fail to satisfy a requirement of domestic partnership registration or when either domestic partner dies.
2. a domestic partnership may also be terminated when one or both partners file for termination. If only one partner files for termination that partner must serve notice on the other domestic partner of his or her intent to terminate the partnership. Examples of automatic termination, other than death of a partner, include:
3. one of the domestic partners marries another person or the domestic partners marry one another; or
4. one of the domestic partner abandons the domestic partnership or the partner's mutual residence.

If I file for termination or I fail to satisfy the requirements for registration, when does the partnership end?

If termination results automatically because of the death of a partner or for failure to satisfy the requirements of a domestic partnership there is no waiting period for final termination. If one or both partners file for termination there is a 6-month waiting period before the termination becomes final. During the waiting period all benefits continue to both partners.

Do I need to provide notice to anyone when I terminate a Domestic Partnership?

Yes, if one of the partners informs a third person of the existence of a domestic partnership for the purpose of receiving some benefit, then the partner who informed the third person is also responsible for informing that person of the termination of the domestic partnership. Although a failure to notify does not carry a penalty, any person who makes a false statement in a domestic partnership agreement; or fails to notify an employer of a change in status of a domestic partner can be sued in a civil action to recover damages that result from the failure to notify or the false statement.

Can partners who file for termination of Domestic Partnership stop the process?

Yes, because a formal termination requires a 6-month waiting period before becoming final, the partner or partners who filed can submit a request to withdraw the termination at any time during the 6-month waiting period if they still meet the domestic partnership requirements. The withdrawal of termination form requires obtaining the consent of the other domestic partner on a form available from the Registrar. After the 6-month waiting period the partners would need to reapply, pay the appropriate fee and supply the documentation necessary to establish a new domestic partnership.

Are records of a domestic partnership registration public?

Under DC Official Code § 32-702(c) all information, except address information, contained in a declaration of domestic partnership is open to inspection as a public record.

DC Bloggers Speak Out on Marriage Equality

Local Bloggers are speaking out on marriage equality for same-sex couples and challenging conventional wisdom about the push for civil marriage rights in the District of Columbia.

The Malcontent doesn't understand why, given the political support, marriage equality has not moved forward in the District. The Malcontent questions the logic that we should wait until DC is free from being controlled by Congress, writing "Maybe we should also wait until there are gays on Mars, until all bigotry and hatred is banished everywhere, and we all live on Gumdrop Mountain at the mouth of Stoli River."

The DCist asks the obvious question. Do we really need to be concerned about Congressional oversight now that the Democrats are in Contro? DCist writes: "could this, like the ban on District spending for needle exchange programs ... be one more issue the District could theoretically make up its own mind about now that Democrats control Congress?"

Scott's Take suggests that both Democrats and LGBT activists share responsibility for the lack of progress: "It's an unhappy standoff -- the gay establishment doesn't want to make their friends in the Democratic Party uncomfortable and the Democratic establishment doesn't feel it needs to carry water for it's gay constituents because, after all, where else are we going to go?"

Michael at Bloggernista, is ready to move beyond this standoff: Michael writes: "I agree with D.C. Council member Jim Graham when he says that we need to move forward on the issue of gay marriage in D.C. I am working with few activists including Lane Hudson, Donald Hitchcock and Paul Yandura to do just that."

Michael is a founding member of DC for Marriage.

Making Marriage Equality Happen in the District

Pictured on the left are some of the folks who are going to help make marriage equality a reality for the District of Columbia. They are a few of our DC for Marriage MySpace Friends. I just set up the page a week ago, but already we are up to 50 people.

Show your support for Marriage Equality in DC. Add DC for Marriage to your list of my space page. You can also join the DC for Marriage Yahoo Group. There are plenty of other ways to get involved. For starters, you could:

• Volunteer to maintain the MySpace Page.
• Volunteer to set up a similar page on Friendster or Facebook
• Volunteer to become a blogger on this site

We'll be posting more information on the blog soon about other ways to get involved, including tentative plans for a DC Marriage Equality Community Forum. If you're ready to get more involved, please feel free to e-mail me and let me know.

Fenty: Same Sex Marriage is a Question of Fairness and Equality

Since beginning his policical career, Adrian Fenty has been a supporter of marriage equality for the District of Columbia. Fenty's support for marriage equality distinguished him from other candidates early in his 2006 Mayoral campaign.

While we are lucky to enjoy strong support from the Mayor, many in the LGBT community have expressed disappointment that Fenty did not honor his campaign pledge to immediately release an important legal memo concerning recognizing same-sex marriages from other states.

Reprinted below are Adrian Fenty's answers to the GLAA 2006 Mayoral Questionnaire.

Do you support legal recognition of marriages between partners of the same sex?

Yes. I support full civil marriage between partners of the same sex. My position has not changed since I ran for my first term as Ward 4 councilmember: same sex marriage is a question of fairness and equality.

I will be working with DC Vote and other organizations for the freedom to enact our laws based on the needs and desires of the people of the District not the Congress.. I will work closely with GLAA and other GLBT organizations in the District to determine what our legislative strategies will be as we move to full civil marriage right for same sex couples in the District.

Will your Administration publicize and enforce the recently enacted laws that have significantly expanded the rights and responsibilities of domestic partners?

Yes. I supported the recently enacted laws that have given our GLBT community more rights and expanded the rights of domestic partners. My administration will make sure that these new laws are publicized and that those living in the District will be made aware of the rights they have if they register as domestic partners. I will hold a press briefing on these new laws and other issues of importance to the GLBT community that will include our community newspapers such as the Washington Blade and Metro Weekly, the InTowner and the Hill Rag among others as well as using the city’s website and every other potential news outlet to get this information out to the community.

I will also make sure that the meetings of the LGBT office and their advisory Board are announced to the community, with proper notice, so that people may find out what that office is doing.

Will you support legislation in the District to continue expanding the existing domestic partnership program to include all relevant rights and responsibilities of marriage in D.C. law?

Yes. My administration will work with GLAA and other GLBT groups, as well as the DC Council and particularly the Chair of the Council’s Judiciary Committee, to make sure that we continue to expand the rights and responsibilities of our domestic partnership program until we can pass our own same-sex civil marriage law. That must be our long term goal but until that time I will move in tandem with the community to continue to add the rights that those legally married in the District now have to our domestic partner program.

Will you support the legislative and/or regulatory changes necessary to ensure that the District recognizes civil unions, domestic partnerships and similar legal relationships established in other jurisdictions?

Yes. We have in the District of Columbia one of the highest percentages of gay families to our total population that any other city in the nation. We have over 5% of couples households in the District that identify as gay or lesbian.

GLAA completed a report that identified 212 rights and responsibilities under the DC marriage laws and the US Government Accountability Office has said there are 1,138 rights, benefits and privileges related to marriage under federal law. I support moving forward with the Community in identifying additional rights and responsibilities that we can add to our domestic partnership program.

I am also supportive of recognizing the rights and responsibilities given to these relationships in other states when those couples move to the District of Columbia. This will make DC a more attractive place to move to and one of our goals is to increase our population and our tax base. Having said this I understand the relationship we have with the Congress and I will not take any actions, without full consultation and the support of the GLBT community in the District, that would provoke a retaliatory response by those in Congress who would spread their rampant homophobia and use their control over the District to do that.

Nine DC City Council Members Support Marriage Equality for DC

Nine DC City Council members support marriage equality for all residents of the District of Columbia. The DC Gay and Lesbian Activist Alliance (GLAA) pulled together city council member statements on Marriage Equality from their candidate questionnaires. You can read the full article in The Washington Blade.

The City Council Members who support marriage equality are: Vincent Gray (D-At-Large), Phil Mendelson (D-At-Large), David Catania (I-At-Large), Jim Graham (D-Ward 1), Jack Evans (D-Ward 2), Mary Cheh (D-Ward 3), Muriel Bowser (D-Ward 4), Harry Thomas Jr. (D-Ward 5) and Tommy Wells (D-Ward 6). (click here for a larger image)

Reprinted below is the question posed by GLAA and the answers from the nine city council members.

Do you support legal recognition of marriages between partners of the same sex?

Vincent Gray (D-At-Large): Yes. Unfortunately, the District of Columbia Government and its Citizens do not have the final say on the legal recognition of marriage between partners of the same sex in the District of Columbia. As Chairman, I will work with my colleagues, GLAA and other GLBT advocates to determine the best course of action to achieve equality for GLBT relationships.

Phil Mendelson (D-At-Large): Yes. I support legalization of same-sex marriages and support GLAA’s strategy of moving carefully to achieve this goal. This has been my position since my first campaign in 1996. I was also a co-introducer of Resolution 15-514, the "Sense of the Council on Opposing a Federal Marriage Amendment Resolution of 2004" opposing the amendment to write discrimination into the Constitution. When the community leaders agree that the time is right to try to pass full marriage rights, I will be happy to introduce the legislation and work for its passage. I will not support grandstanding or symbolic gestures on the issue that may set us back or result in restrictions on the domestic partnership program.

David Catania (I-At-Large): Yes. While I strongly support legalizing marriage between partners of the same sex, the District’s unique status means that we must be mindful of the potential for Congressional meddling on this issue. A single, comprehensive bill would likely invite such interference. With that said, I have worked hard to expand the legal rights of domestic partners. My record in this area includes the following:

• I co-sponsored the “Domestic Partnership Equality Act of 2006,” which granted domestic partners similar rights and responsibilities currently held by spousal couples in the areas of spousal immunity, inheritance, surviving spouses and children, spousal support, and public assistance.
• I co-sponsored and voted for the “Health Care Benefits Expansion Amendment Act of 2006,” which allowed District domestic partner and his or her family member(s) to match the amount paid by employees in spousal relationships.
• I supported the “Domestic Partner Health Care Benefits Tax Exemption Act of 2005,” which allows the domestic partners of District Government employees to exempt the city’s contribution to their health insurance from their taxable income.
• As part of the "Fiscal Year 2002 Budget Support Act", I authored a change to the "Funeral Services Regulatory Amendment Act of 2001," which placed domestic partners the right to control the disposition of the remains of a deceased person, the ability to determine the location and conditions of interment, and the authority to make arrangements for funeral goods and services.

Jim Graham (D-Ward 1): Yes. I have been consistently in favor of same sex marriage. I have pressed for the issuance of the draft opinion of the DC Attorney General on recognition of the validity in DC of same sex marriages legally conducted elsewhere. Sadly, it has still not been issued.

Jack Evans (D-Ward 2): Yes. As you know, I was the first elected official in the District to support marriage rights for same sex couples. I am poised to introduce and champion such legislation whenever it becomes strategically possible, working in consultation with the community, to move forward on such legislation. With respect to efforts at the federal level to alter the Constitution, I led the Council's response with Councilmember Catania to pass R 15-514, the "Sense of the Council on Opposing a Federal Marriage Amendment Resolution of 2004". I was very proud that David and I got all 13 members of the Council to co-introduce this legislation.

Mary Cheh (D-Ward 3): Yes. I think that securing equal rights for GLBT members of the community is the great civil rights issue of our time. There must be equal rights across the board. And that is not only my political position, but it is my judgment as a constitutional law teacher as well. And the fact that members of the U.S. Supreme Court may disagree does not diminish the force of the legal arguments in favor of that position, which I believe will prevail one day.

Muriel Bowser (D-Ward 4): Yes. I believe this is a matter of fairness and equality. If the District passes such a measure, I will lobby against any attempt by Congress or the federal government to overturn it. The District of Columbia must be allowed to choose its own direction on this issue without interference from the federal government.

Harry Thomas Jr. (D-Ward 5): Yes.

Tommy Wells (D-Ward 6). I support and will fight for full legal recognition of marriages by partners of the same sex.

City Council Members Carol Schwartz, Kwame Brown, and Yvette Alexander, do not support full marriage equality for same sex couples in the District of Columbia. City Council Member Marion Barry did not answer the question.

DC for Marriage: Now on My Space

Show you support marriage equality for the District of Columbia by adding DC for Marriage to your list of My Space friends.

The DC for Marriage My Space page is brand new. You can see it at www.myspace.com/dcformarriage.

DC for Marriage: Who We Are

DC for Marriage is an emerging group of local residents working towards equal rights and responsibilities for same sex couples in the District of Columbia.

Pictured here are the initial board members of DC for Marriage after a recent meeting. They are: Donald Hitchcock, Lane Hudson, Ryan Velasco, Michael Crawford, and Bob Summersgill.

To see a high res version of this photo, click here to view our flickr photo page.

To get involved, Join our Yahoo Group.