Gay marriage may become legal in the nation's capital after a bill was introduced on Tuesday to the D.C. city council. This bill, if it passes and it is expected to without many problems, would allow same-sex couples to legally wed, which would be in addition to the recognition of same-sex marriages performed elsewhere which became law starting in July.


The challenge the bill may face is Congress. In Washington D.C. all bills passed by the city council face congressional scrutiny. The Congress may veto any action taken by the city council due to Title IV, which passed in 1974. This law states that actions of the council are subject to Congressional review, with the exception of emergency legislation which is effective for a period of ninety days (Title IV, Part A., Section 401 [D.C. Official Code Sec. 1-204.01]).

The bill is considered a “for sure” to pass, with 10 of 13 council members being either a sponsor or co-sponsor of the legislation. This does not mean it isn’t without dislike or doesn’t face any sort of uphill battle. Polling suggests there is more support for gay marriage in the United States than in previous years. 49% support, 46% oppose, and 5% have no opinion on the matter according to an ABC News/Washington Post poll in April 2009. Additionally, 53% feel that same-sex marriages performed in other states should be legally recognized in their own state, which DC used as a basis for recognizing same-sex marriages performed elsewhere. In a May 2006 Gallop Poll, 56% of Americans opposed gay marriage. Today, gay marriage garners more support than in years past.

Putting it in perspective of another marriage battle in the last century, interracial marriage, we can see some similarities. When the California Supreme Court legalized interracial marriage in 1948, only 10% of American adults supported interracial marriage (USA Today, 2004-JAN-25). In 1967, when the U.S. Supreme Court overturned interracial marriage bans, only 72% of American adults were opposed to interracial marriage. When compared to same-sex marriage, American adults are more supportive of gay-marriage than they were of interracial marriage when actions occurred to allow it.

Reactions to the D.C. marriage bill from law makers are mixed. Speaker Nancy Pelosi feels it is a matter for D.C. to decide while U.S. Representative Jason Chaffetz (R-UT) is strongly opposed to the measure and is vowing to defeat the new bill. However, with the inaction of Congress on the previous bill that was allowed to be signed into law, many believe that the gay marriage bill will not be denied. This bill does not force religious institutions to perform same-sex marriages or hold receptions unless they allow for public use of their space or charge rent.

Currently in the United States, gay marriage is only available in Massachusetts, Connecticut, Iowa, and Vermont. Same-sex marriage was passed in Maine, and was supposed to go into effect in September 2009, but because of a voter challenge, is on hold. New Hampshire will begin performing same-sex marriage in January 2010. New York, Washington, D.C., Rhode Island recognize same-sex marriages legal in other states, but do not perform them.