While many are worried that Maine may take a step back on marriage equality for gays and lesbians, DC is moving forward on the issue.

The Council of the District of Columbia is holding its first day of hearings today on a bill that would allow same-sex couples to wed in the Nation’s Capital.  Hundreds of people are planning to testify on the legislation at today’s hearing and at a second hearing planned for November 2.  Opponents staged a rally today in DC’s Freedom Plaza (ironic, right?), which is located across the street from the building that houses the Council chambers and the Mayor’s office.

The bill is virtually assured passage on the Council; 10 of the Council’s 13 members are cosponsors of the legislation (Councilmember Marion Barry plans to attempt to fight the bill).  DC Mayor Adrian M. Fenty is expected to sign it.

Opponents are petitioning the DC Board of Elections and Ethics to allow a referendum on the matter.  DC law, however, prohibits referendums that discriminate against classes protected by the city’s 1977 Human Rights Act.  Sexual orientation is a protected class, and the Board of Elections rejected a similar petition brought last spring when DC began recognizing same-sex marriages performed in states where it is legal.

Unfortunately, DC faces an additional hurtle.  Congress, in which DC has no voting representation, must consent to any decisions made by DC’s democratically-elected government.  In the past, it has abused this power to score political points at the expense of DC residents.  For example, until the 2006 Democratic takeover, Congress barred DC from using its own local tax dollars to fund needle exchange programs to combat the city’s HIV/AIDS epidemic.  More recently, Congress has refused to pass a bill that would give DC residents a voting member of the House of Representatives without also stripping the city of its authority to pass gun control laws.  Many Senators and Representatives would be glad to once again place their judgment ahead of DC voters and overturn the proposed law on same-sex marriage.

This legislation, however, would only be subject to passive consent from Congress.  In other words, Congress has an opportunity to object, but if it does not do so, the bill automatically becomes law.  Congress has 30 legislative days to act.

Opponents of same-sex marriage have the votes in Congress to overturn the proposed DC law.  Fortunately, backers of the proposed law have a critical ally: Speaker Nancy Pelosi.  Under the rules of the House of Representatives, the Speaker can choose what committees must approve a bill before it can be brought to the floor and can decide what legislation actually receives a floor vote.  If a member introduced a bill to override DC’s proposed law in the House, Pelosi would most likely ensure that it never saw the light of day.  Future Congresses, however, could threaten DC’s progress by passing legislation to repeal the city’s law.

It seems that DC will have a law allowing same-sex marriage on its books before the end of the year.  The city will then be better able to live up to its motto–justitia omnibus, or justice for all–and will be part of a national movement towards greater equality for LGBT Americans.