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Christians and conservative groups in Washington are determined to take the gay marriage issue to the U.S. Supreme Court after their appeal to let the people vote on the matter was rejected.
"In America, we respect the right to vote. The citizens of the District of Columbia should not have their voices suppressed by the government, but that is exactly what is happening here," said Austin R. Nimocks, senior legal counsel with the Alliance Defense Fund.
In a narrow 5-4 ruling, the D.C. Court of Appeals upheld on Thursday the decision of the D.C. Board of Elections and Ethics to block residents from voting on same-sex marriage.
Marriage for gay and lesbian couples was legalized in the district by lawmakers in December and the law went into effect in March.
Since September, traditional marriage proponents have been demanding that residents be given their right to vote on the divisive matter but a ballot initiative was rejected by the Board of Elections and Ethics and then by the District of Columbia Superior Court.
Thursday's ruling marked another blow to traditional marriage supporters.
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"The D.C Court of Appeals strikes at the heart of democracy with this activist ruling. The Court went outside the law (the Charter Amendments Act), buying the argument that the law cannot be read literally, to deny the residents of the District their right to self-government," Concerned Women for America CEO Penny Nance stated.
Five judges on the appeals court affirmed the superior court's rulings that city officials acted lawfully. They concluded that the officials "correctly determined" that a ballot initiative would violate the Human Rights Act, which prohibits discrimination against gays and lesbians. Under D.C. law, referendums cannot violate the city's human rights laws.
In a dissenting opinion, four of the judges stated that the D.C. officials exceeded their authority when they imposed the Human Rights Act limitation on the right of initiative.
"It should be clear that no one on this court doubts the importance of the Human Rights Act," they added. "Non-discrimination, tolerance, acceptance, and inclusion are all fundamental values to be fostered in a pluralistic society. But these aspirations are best achieved through a system of laws, and it is vital that the institutions of the District government observe the limits placed upon them by the Home Rule Act and the Charter. It is 'our . . . duty to oversee Council action which might exceed congressionally delegated authority.'"
Proponents of a ballot initiative argue that they are being denied their most fundamental freedom – the right to vote. Their next step is to appeal to the U.S. Supreme Court.
"Until the District gives its people a voice, Bishop Harry Jackson's team is determined to bring the issue to the steps of the U.S. Supreme Court, the next – and final stop – in preserving the principle of self-governance that this city is supposed to be a symbol of," said Family Research Council President Tony Perkins.
Jackson is a Maryland megachurch pastor who led the push for a referendum.
