Washington Blade - January 14, 2005
Lou Chibbaro Jr.

Although Davis' bill died in committee last year, gay activists and Capitol Hill observers say the approval by voters of ballot initiatives banning same-sex marriage in 11 states in the November election could generate more interest in the Davis bill this year.

"I wish I could say I'm optimistic that we can defeat it, but I'm not," said Rep. Barney Frank (D-Mass.), who is gay. "The Republicans have clearly decided that this is a great issue for them to ride."

Davis' one-sentence bill, H.R. 78, is identical to the measure she introduced last July. It states, "In the District of Columbia, for all legal purposes, æmarriage' means the union of one man and one woman."

Similar to last year, Davis introduced her bill this year without any co-sponsors and without releasing a statement giving her reasons for introducing the measure. Also similar to last year, neither Davis nor her press secretary and chief of staff, Chris Connelly, returned calls from the Blade seeking comment by press time.

If approved by Congress, Davis' bill would force D.C. to abide by a Defense of Marriage Act, or "DOMA" law, which would ban the city from legalizing same-sex marriage. Such laws are already on the books in 38 states. Virginia has such a DOMA law while Maryland does not, although existing Maryland law defines marriage as an act limited to opposite-sex couples.

D.C. Mayor Anthony Williams and a majority of the members of the D.C. Council have said they oppose DOMA laws and favor, in principle, the legalization of same-sex marriage. But Williams and most Councilmembers have also said they favor holding off on introducing legislation to legalize gay marriage out of fear that Congress would overturn any legalization action.

In addition, Williams has withheld the release of a legal opinion by the city's attorney general that assesses whether existing D.C. law allows the city to recognize same-sex marriages performed in Massachusetts. District government sources have said the opinion by Attorney General Robert Spagnoletti, who is gay, asserts that the city has the authority to recognize same-sex marriages from Massachusetts.

Gay Republican activist Carl Schmid, who lobbies Congress on AIDS issues, said a few Republican House members worked with House Democrats last year to block efforts to attach Davis' bill to the D.C. appropriations bill. Schmid said a number of developments that diverted attention from the Davis bill last year won't be in place in 2005, and House GOP leaders could place the bill higher up on their list of priorities.

Increased focus on D.C. bill? House Majority Leader Tom DeLay (R-Texas), a longtime opponent of gay civil rights, passed over the Davis bill last year in favor of scheduling a vote on the Federal Marriage Amendment, the proposed constitutional ban on same-sex marriage. The House GOP leadership also passed the Marriage Protection Act, which calls for stripping the authority of federal courts to rule on the federal Defense of Marriage Act.

"It was only because there were other, high profile anti-gay marriage bills before the Congress that they didn't take action on her bill," Schmid said. "Now it's likely that her bill will get more attention."

Davis' measure has been sent to the House Committee on Government Reform, which is chaired by Rep. Tom Davis (R-Va.), who is not related to Jo Ann Davis.

Tom Davis, whose district includes most of Fairfax County, has a record of support for home rule prerogatives for D.C. In recent years, he has joined congressional Delegate Eleanor Holmes Norton (D-D.C.) in opposing amendments to the D.C. appropriations bill that intrude on internal, D.C. affairs.

However, last year, Davis voted for the FMA after telling gay GOP supporters in the past that he favored allowing states to decide whether to legalize gay marriage.

Tom Davis and his press secretary, David Morin, did not return calls.

"This is something that [Tom] Davis might have the ability to stop," Frank said. "But I'm not sure he's going to want to try."

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