If you’ll remember, Bishop Harry Jackson, who doesn’t seem to really live in the District of Columbia, has his panties in a wad because the DC City Council won’t allow a popular referendum on their equal marriage law, arguing that it violates the District’s Human Rights Act. The appeals court agreed. Now it’s up to the Supreme Court to decide whether the case is even worth hearing:
According to the court’s public docket, the nine justices scheduled a private conference among themselves for Friday to discuss the case known as Jackson v. the D.C. Board of Elections and Ethics. Under longstanding court rules, the justices usually announce a decision on whether to accept or reject a case on the Monday following such a conference.
“Generally, if a case is considered at a conference, viewers can expect that the disposition of a case will be announced on an Orders List that will be released at 10 a.m. the following Monday,” the court’s website says.
[...]
Bishop Harry Jackson, pastor of a Beltsville, Md., Christian church, and other same-sex marriage opponents filed a petition with the Supreme Court Oct. 12 asking the court to consider hearing the case in a process known as a petition for a Writ of Certiorari. The case consists of their appeal of a lower court ruling that rejected their contention that the city must allow voters to decide the marriage question in a ballot initiative.
The D.C. Court of Appeals upheld the Board of Elections and Ethics’ decision to bar Jackson and his supporters from organizing a ballot initiative on grounds that, if approved, the initiative would violate the city’s Human Rights Act. The Human Rights Act bans discrimination based on sexual orientation.
If the SCOTUS rejects the case, the lower court’s ruling will stand and Harry Jackson will probably start crying, but he will live through the ordeal.
Why are we fighting to get government to recognize our marriages? What the government can give the government can take away. We need to change the debate to Get government out of marriage! That is how true equality will form. The only way to put people above or below others is through the force of the government. Lets take that power away from them and take back our freedom to choose without governments permission.
OMG whatever, find a new pipe dream.
sounds like another case where the party appealing a decision probably doesn’t even have standing to appeal. How is Bishop Jackson effected by the City issuing marriage licenses to gay people?
You can see a good recap of the history of the case(s) here:
http://www.nclrights.org/site/PageServer?pagename=issue_caseDocket_Jackson_v_DC_Board_of_Elections_and_Ethics
It’s important to note this isn’t really a case about marriage per se, but rather whether the DC Council or Elections Commission overstepped its authority in passing the ordinance which denied Jackson, et al, the opportunity to hold a referendum.
Of interest here is that Chief Justice Roberts had an opportunity last year to stop the issuance of marriage licenses in DC and he chose not to, saying the case could simply wend its way through the court by the usual channels. You can read his opinion at the above link (Chief Justice Roberts rejecting application for a stay).
I find that a hopeful sign if a marriage case ever does reach the Court. It indicates to me that at least he is not so ideologically opposed to same-sex marriage that he will go to any lengths to stop it, as I suspect is the case for at least two other members of the Court.
Oh Sarah Miller, not that old saw. The government is involved in marriage and we are fighting for the same legal recognition as heterosexual couples. The whole “get the government out of marriage” argument is just a distraction. If you are really so riled up about getting the govt. out of marriage go to it, but don’t expect me to agree that should be our goal.