Let the People Decide

On Oct. 5, District of Columbia City Councilman David Catania introduced legislation legalizing same-sex marriage. The measure enjoys overwhelming support among City Council members, two of whom are gay, as well as the support of Mayor Adrian Fenty, virtually guaranteeing its passage. However, due to an archaic and unjust constitutional clause granting congressional veto power over all of DC’s local legislation, the bill’s fate is far from determined.

If Congress, home to a still-powerful caucus of gay -marriage opponents, were to issue a joint resolution of disapproval, and if President Obama, who too opposes same-sex marriage, were to sign it, DC’s measure, no matter how resoundingly approved by the City Council, would be overturned. This underscores the lamentable nature of DC’s current situation in which it finds itself presided over by a body of officials for whom no DC residents voted.

We are heartened by the DC City Council’s promotion of equal rights for all its constituents, and we urge Congress not to meddle in local affairs despite its unrepresentative constitutional mandate to do so.

The controversy over DC’s gay marriage laws comes in the midst of similar fights in Maine, where the issue is on the ballot this November; Iowa, where same-sex marriage was legalized earlier this year; and California, whose infamous Proposition 8 roused passions across the nation. It is understandable, therefore, that many congressmen will see the issue of same-sex marriage in DC as yet another opportunity to use a traditional wedge issue to wage political warfare, be it to advance the prospects of progressive candidates in left-leaning districts, drive a wedge between socially conservative minorities and the sociallyliberal Democratic Party, or rile up the base of the Republican Party in advance of 2010’s midterm elections.

In this all-too-plausible scenario, DC would see its authority usurped—albeit legitimately. For this reason, the Constitution should be amended to rectify the problem of DC’s lack of representation, whether by granting the nation’s capitol statehood or by abolishing the current rules granting Congress the authority to veto DC’s laws. In the meantime, however, Congress should stay on the sidelines and let the progress of equal rights continue unimpeded in Washington.