Gay Marriage Gets Thumbs Up in Nation's Capital

The D.C. Council voted in favor of same-sex marriage on Tuesday, moving Washington, D.C., a big step closer to becoming the first jurisdiction below the Mason-Dixon Line to allow full civil equality for gays and lesbians.

The D.C. measure, which passed by a wide 11-2 margin, reinforces the nationwide trend towards gay marriage in legislatures and at the courthouse even though advocates of same-sex marriage are continuing to falter whenever the issue is put directly to a public vote.

The latest ballot-box defeat for gay marriage came last month when Maine became the 31st state to use a public referendum to block gay and lesbian couples from marrying. The residents of Maine voted to repeal a state statute passed by the legislature and signed by the governor which would have permitted gays and lesbians to marry. Maine's gay-marriage statute had not yet taken effect, awaiting the outcome of the referendum.

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The decision on the part of voters in Maine to exercise the "people's veto" amounted to a tough loss for gay marriage advocates who were hoping to score a ballot-box victory after seeing court-mandated gay marriage repealed last year in California by Proposition 8.

While the ballot-box defeats in Maine and California have given conservatives a populist argument against gay marriage, proponents of marriage equality have scored important judicial victories in Massachusetts, Connecticut, and Iowa as well as legislative victories in Vermont and New Hampshire.

Although today's D.C. vote is a milestone for gay marriage advocates, there are still several more steps in the process before gay and lesbian couples can start marrying in the nation's capital.

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To ensure that the D.C. Council -- a unicameral body -- does not act in haste, its full membership votes on all bills twice before any legislation becomes law.

As a result, the gay-marriage bill will come up for a second vote of the full Council on Dec. 15.

If, as expected, it is approved a second time, it will then go to Washington Mayor Adrian Fenty, who supports the legislation, for his signature.

From the time the mayor signs the gay-marriage bill, Congress will have 30 legislative days to enact a joint resolution of disapproval. President Obama would have to sign that resolution for the city law to be blocked.

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Even if such a resolution is not passed, members of Congress can try to attach an anti-gay marriage rider to another piece of legislation.

The top Republican on the House subcommittee which oversees the district is considering a variety of legislative methods for blocking gay marriage there, including the appropriations process.

"Some people legitimately and often ask: 'Why is it that a congressman from Utah, or anyplace else, is sticking their nose in this?'' asked Rep. Jason Chaffetz, R-Utah. "Article I, Section 8 of our Constitution says that in all cases, the Congress shall oversee the laws of Washington, D.C., and that is what we're trying to do."

While Chaffetz is confident that gay marriage could not survive an up or down vote in the Congress, the Utah Republican acknowledges that the House's liberal leadership will almost certainly thwart any efforts to block gay marriage from coming to a vote.

VIDEO: Californias High Court Upholds Prop 8
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