Congratulations to our Nation’s Capital

Timothy Kincaid

March 3rd, 2010

capitol

Today the residents of the District of Columbia are free to pick up a marriage license to marry the person whom they love without regard to that person’s gender. The first marriage may occur as early as next Tuesday (after the waiting period).

Congratulations to Washingtonians on your newly acquired freedom.

johnathan

March 3rd, 2010

Wait! There’s a waiting period of six days? Is the marriage license the couples are obtaining today the ACTUAL license, or an application for the license? Does this mean Maggie Gallagher et. al. will still have time to **** up DC citizens chances of actually going through with the marriage? Even though SCOTUS ignored the DC marriage challenge, I am afraid another group may design and present another challenge to SCOTUS within this time period. Am I being paranoid, or is the DC issue settled for good?

daftpunkydavid

March 3rd, 2010

hey johnathan… until some more legit person answers your question, my non-lawyer 2-cents is that this is not settled for good because:

1) anti-equality majorities in congress (and a president, depending on how small/large those anti-equality congressional majorities are) could possibly prevent funds allocated to dc from being used towards marriage equality;

2) a ballot initiative is being considered by the dc court of appeals, and depending on how this court rules, the anti-equality forces can again petition the supreme court for a grant of certiorari, at which point the court could hear them and perhaps allow them to place a prop-8 style ballot question (though technically it’d be a law as opposed to a constitutional amendment).

Karen

March 3rd, 2010

The wait period is exactly the same as has long been required of male/female couples applying for a marriage license in DC.

http://www.dccourts.gov/dccourts/docs/family/marriage_brochure.pdf

This is a copy of the information on getting a marriage license in DC -last revised in 2007. To my non-lawyer eye the only change I see in what is now required is the gender of the applicants.

Settled forever? I doubt the anti crowd is just going to come to terms with the fact that they have lost and make their peace with that quickly and quietly. But I do believe that they have lost.

Jason D

March 3rd, 2010

Karen, did you notice that the waiting period makes no sense?

There is a three-day “Waiting Period”
from the date an application is filed to the
date a license is issued. (e.g. if one files
an application on Monday the license
cannot be issued until Friday).

I was never a math whiz. But Monday + three days would be Wednesday, not Friday, right?

So if a couple turned in paperwork today, they should get their license Friday, right? I’m confused as to why Tuesday is the first possible day?

M.G.

March 3rd, 2010

Jason D., The federal govermnent in D.C is closed on those days

Timothy Kincaid

March 3rd, 2010

Jason,

As I understand the odd math, the wait would be for all of Thursday, Friday, and Monday, making Tuesday the first day for ceremony.

Richard Rush

March 3rd, 2010

Yes, congratulations to the District of Columbia!

Are non-residents permitted to be married there? If so, I’m thinking that DC would be a great place for gay people to be married, while promoting equality at the same time. There are lots of opportunities for visibility at the national level. How about having ceremonies at various prominent locations, such as the capitol steps, on the Mall, or at the Jefferson and Lincoln memorials?

Having marriage equality in DC seems more symbolically significant than just adding one more state.

Karen

March 3rd, 2010

Timothy,

Yes, that is correct. The regs do stipulate 3 business days- so if there was a Monday holiday it would be a day later than usual as I understand it. Jason, I would not argue that it is a sensible way to count 3 day, just that it is uniformly applied.

Richard, yes, non-residents can be married in DC. Maryland’s AG has just ruled that Maryland will recognize same sex marriages legally performed in other jurisdictions — until the courts or legislature rule otherwise. As Bishop Harry Jackson is actually a Maryland resident it seems likely that he will try to get this reversed. As far as having ceremonies at national monuments or governmental buildings I suspect that getting permits would be challenging. . .

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