There's a part of me that would love to see a referendum in D.C. But it's a stupid and vain part. My rights aren't at stake. Still, I think Phil Pannell gets it right:Under D.C. election law, referendums cannot be used to appropriate funds, overturn a budget act or violate the Human Rights Act. Mark Levine, a lawyer and gay rights activist, said he's confident that Mendelson's bill falls under the Human Rights Act. He said the elections board would be "engaged in an extraordinary act of lawlessness" if it allows the referendum to move forward.
"The D.C. government cannot discriminate on the basis of sexual orientation, and for them to recognize marriages of straight couples and not to recognize marriages of gay couples would be a clear violation of the Human Rights Act," Levine said.
A spokesperson for the elections board did not return calls yesterday. Jackson said he is willing to pursue the matter in court if the board rejects his application.
If the board approves the application, opponents will have 180 days to meet the requirements of a referendum, which involves collecting signatures from at least 5 percent of the registered voters in at least five of the city's eight wards. That has proved to be a formidable task in previous referendum efforts.
In 2004, supporters of slot machine gambling in the District failed to get their referendum on the ballot after thousands of signatures were deemed invalid.
"It's a different electorate" than in California, Pannell said. "We have a much more activist black, gay and lesbian community here in D.C., and they will step up and speak out and organize against it. But it will be a struggle."
The Beautiful Struggle: A Father, Two Sons, and an Unlikely Road to Manhood 
I tend to worry a bit about any approach exclusively based on the courts. They make a great vanguard, but democratic politics tend to be needed to consolidate the victories. However, in this case the initiative came from elected representatives. Similarly, while I don't know the specifics, the ban on referendums that violate the human rights act seems like a perfectly solid basis for denying a referendum.
So I think you're right to reject the instinct to want to see the fight, even though it probably wouldn't go the way same-sex marriage opponents think.
Worked for Loving v. Virginia.
I do believe that possibly, you should welcome this. But, I'll say it again: the key is that the Black Gays and Lesbians must be in the forefront in opposition.
I always thought I wanted a referendum in California, too. But honestly...it was brutal. Even if it hadn't passed, I think it would have been a bad thing. The closest comparison that I can make is if there was somehow a moment where everyone you knew (neighbors, former classmates, family members) suddenly got drunk felt like it was their civic duty to broadcast EXACTLY what they think of your significant other. Some things are just way too personal to go on lawn signs.
There's an older documentary about the experience in Oregon in 1992 titled, "Ballot Measure 9." One of the things that's so striking about it is how intense things got, and how violence increased. We also saw that here in MA in the spring of 2004, when the debate over marriage reached it's peak intensity. I'm looking forward to the NGLTF's annual release of the survey of anti-violence projects. I'll put money down that CA saw a rather large increase last year.
I'm a proponent of keeping these things off the ballot by pretty much any means necessary.
Don't ya love that this mofo doesn't even live there, but thinks it's ok that he lead the charge?
G-T-F-O-H
That little fact has not been lost on actual DC residents (like me). This is just like the situation with the Utah rep. who wants to challenge the DC Council moving to recognize gay marriages performed in jurisdictions where they are legal. These issues help to reinforce the idea that DC statehood is not some outlandish notion.
I also think that the glbt community would come together as a whole if a ballot initiative did in fact come to pass, which I don't think will happen based on the city's Human Rights Act.
A referendum should not determine anything about basic rights. Suppose they put up a referendum outlawing registered Republicans from political advertising in DC. (Hey, they're perfectly free to advertise, they just can't do it from their party). Think we might see a different reaction from the anti-gay movement?
Homophobia and religious extremism. When one studies civilization and finds that the Irish people are 60,000 years old; 54,000 years older than the Jews/Palestinians; Egypt or Greece and that the myth of Catholicism or Christianity is a mere 2009 years old; one soon realises that there is little evidence to prove any of the cross related bogus elements of that cult. In the year 300 AD when Emperor Constantine who to some was the first pope; went on to fabricate Christianity - a fantasy - which turned out to be one of the most hateful & evil concoctions ever perpetrated on the world. The Vatican supported Hitler and religion is responsible for more corruption and violence in the world. Pope Ratzinger was involved in the Nazi youth. The Pope & Vatican with its blatant witchcraft related to the bible and its hateful beliefs; tries to rule with extreme prejudices against the world … that may fall victim to religions' absolute evil. To think of Matthew Sheppard choking on his own blood after being savagely beaten; virtually sanctioned by the church ... is beyond comprehension … yet is the same as boys being bullied into suicide; most likely being supported by their parents’ religious beliefs. What ever happened to … "Love Your Fellowman?” Perhaps the evil preachers should be told to take their cult out of America. Didn't Thomas Jefferson say that church and state should be separated by a wall and it's written in the Constitution that there must be separation of church and state. Bigotry and hatemongering against gays should be banned. Tell them to take that cross and shove it where the sun don't shine ... and pay their taxes along the way before they take that cross down forever ... with its final station; extinction. It is written; so therefore it shall be? We are the chosen people? Who wrote that crap? United States is supposedly fighting for democracy? It is suppressing gay rights and following an extremist religious & bigoted family values path according to a basic cult riding roughshod over the rights of gay people. Canada and Britain are more civilized with its military and basic dignity. We must respect that these fine dignified gentlemen … His Excellency Governor Schwarzenegger, The Honorable Attorney General Jerry Brown, His Excellency Mayor Gavin Newson, Assemblyman Tom Ammiano & The Honorable Rep. Barney Frank (D) who is personally openly gay … are trying to guarantee equal rights and reflect the respect shown to all; as stated in the American Constitution. To see the religious lunatics manipulate government and our lives … is shameful.
This bogus religious filth should be banned. It exists as a tax exempt structure which discriminates against human rights. The pope, bishops and mormons are cult members promoting discrimination against minorities. That bogus black book called the bible should be banned. Religion and the churches should now be exposed as a bigoted structure that gets away with hate mongering. Love between two guys or girls existed long before these cults existed. By enjoying their tax exempt status and benefits from the state ... it also puts them at the mercy of America; to be forced to adhere to the human rights laws. Religion is thriving like a cancerous growth on society that should be stopped in its tracks; outlawed & banned. Interesting global occurrence … Canadian Prime Minister Jean Chretien told the Vatican that there was to be no cross erected over the Canadian Parliament buildings … figuratively speaking; when the Pope demanded the Prime Minister go against gay rights. An Alberta bishop had the audacity to say that The Canadian Prime Minister would go to hell for going against the church. Such outrageous evil threats; the religious extremists force upon us trying to multiply … with their control over birthing like animals at the pulpit. With reference to protecting the children. The Right Honourable Prime Minister … in return; basically told the Pope to go to Hell. The Honourable Hedy Fry, member of the Canadian Liberal Parliament, who happens to be a doctor spoke eloquently to defend the rights of babies being born and stated that she was in fact defending their rights by speaking on behalf of equal rights for the children and youth of the future; defending their integrity and dignity.
Many theologians state quite correctly that the birth; crucifixion; resurrection and other elements of christianity actually didn’t even happen! Today’s evangelical extremists are like the nazis who cast others into ovens & are actually supremacists - who practice their bogus hocus pocus - and are trying to suppress and deprive others of their happiness and their legal rights in an open and proud society. Liberty College, Oral Roberts University and others should be looked at as tax exempt terroristic training grounds for evangelical lunatics. It was refreshing in his final weeks; to hear President Bush acknowledge that he didn’t believe in any of that religious bunk.
I am the son of a catholic father who never went to church and a protestant mother who took us to church and Sunday school. Although we as young children would sneak out the side door and play by the cannon from World War One where my grand-father fought for freedom as a Sgt Mgr at Vimy and father who fought at Normandy on D-Day for freedom. Onward christian soldiers ... I think not. Such drivel. To be manipulated by a santa claus; an easter bunny and worst of all a bogus cross. One should appreciate each day of life and not expect another ... and if there is it will be given by a God of Love. Pat Robertson should be taken to task for his grandstanding filth. Einstein stated in a letter recently auctioned that the bible was collection of primitive legends. He said believing in God was childish and he as a Jew is no different than another person … not chosen by God. Do you want to be lambs at the slaughter or be wise and reject religious cultist manipulation? Mean & nasty; run by evil and bogus religious cults from Rome or wherever. Is this the world you want? The pope talks about ending prejudice and hate; what a hypocrite!
A great story … pertains to a boy at a catholic school in Oshawa, Ontario … who wanted to take his boyfriend to his school prom. The nasty catholic school forbid this. The boy’s father is an employee with General Motors Canada and the courageous union leader … Buzz Hargrove stood up for the boys’ rights. The boy took his case through the courts and because the school was benefiting from government funding which demands equal rights void of discrimination; the judge ordered the school to allow the boys to attend together. Their limo arrived at their prom with adoring onlookers … there wasn’t a dry eye to be found.