Washington, D.C. Sanctions Gay Marriage

Over 200 elated gay and lesbian couples waited in line outside Washington, D.C.’s City Courthouse yesterday morning in anticipation of obtaining licenses that would allow them to legally marry their partners. While this is a significant step in the fight for marriage equality nationwide, some members of the Harvard community have questioned D.C.’s ruling in light of the federal Defense of Marriage Act.

Mayor Adrian M. Fenty signed the measure approving same-sex marriage last December, but because D.C. is not a state, the law had to go through a 30-day Congressional review. After failed attempts to block the bill in the House and in the courts, the bill officially became law on Tuesday.

History professor Nancy F. Cott, who has researched legal institutions and marriage in the United States and has testified during the Proposition 8 case in California, said she was skeptical of the consequences of the new law.

“What is curious about [the ruling] is that this has been done under a Congress still in support of the Defense of Marriage Act,” she said. “D.C. is not a state, it is a federal territory, which means there is a direct conflict between what the D.C. standard is and what federal law is.”

Harvard Kennedy School lecturer Timothy P. McCarthy ’93 also said that the fact that D.C. falls under federal jurisdiction could create a problematic situation, but noted that the legalization of same-sex marriage in D.C. was an exciting development.

“Any jurisdiction that extends rights of same-sex couples is really important, a sign of moving in a more progressive direction as a country,” McCarthy said. “As a legal and a moral battle, this ultimately needs to be at the national level.”

Sean Eldridge, Communications Director at Freedom to Marry, a nationwide campaign for marriage equality that has played a role in the fight in D.C., said that this is an important development in achieving marriage equality.

“People will see that the sky isn’t going to fall, that there’s no harm being done,” Eldridge said, stating that D.C. is only the sixth jurisdiction to sanction same-sex marriage. “It’s also a reminder that there’s still a lot of work to do, and people are no longer okay living in a country where this kind of discrimination continues.”

For advocates of the legalization of same-sex marriage, the issue doesn’t stop at the altar. Rather, it is seen as one feature of a multifaceted fight for equal citizenship.

“Progress on marriage equality is encouraging and is hopefully accompanied by increased action on other legal rights, like employment non-discrimination and healthcare,” said Marco Chan ’11, co-chair of Harvard Queer Students and Allies. “Marriage is one part in the full spectrum of equality for queer people across legal, economic, and social fronts.”

McCarthy said that marriage equality is a single aspect of a much broader struggle against all forms of discrimination, including barred adoption rights, unequal tax codes, and healthcare disparities, among others.

“Change is coming, but change is slow,” McCarthy said. “Any time an advance for the LGBT community happens I think that should be cause for celebration.”

—Staff writer Alice E.M. Underwood can be reached at aeunderw@fas.harvard.edu.