DC same-sex marriage language debated in hearing

WASHINGTON — Take the terms "bride" and "groom" off D.C. marriage licenses and replace them with the word "spouse."

That's one change being suggested as supporters and opponents of a proposed bill to allow same-sex marriage in Washington take a hard look at the bill's language. The bill was introduced earlier this month and had its first hearing in a city council committee Monday. Part of the reason for the hearing is to rigorously examine the bill's language and propose changes.

Witnesses from a range of groups testified they have concerns about some of the wording. The bill, which is expected to be voted on as early as December, would let same-sex couples from both inside and outside the district marry in the city.

Among the concerns is language in the bill that's intended to ensure religious groups aren't forced to rent their space for same-sex ceremonies. The language says groups won't have to rent their space for same-sex ceremonies unless they make the space available to members of the general public.

The Archdiocese of Washington, however, says that the wording is problematic. It could mean they would have to stop letting groups like Alcoholics Anonymous use their space or running adoption and homeless programs — which serve the general public — if they want to ensure same-sex couples couldn't use their space, said spokeswoman Susan Gibbs. Lawyers for the archdiocese proposed their own language.

John Wimberly, the president of the ACLU in Washington and a pastor, agreed the current phrasing could cause problems. He told the council that while the ACLU supports the bill he would recommend taking out part of the exemption to avoid confusion.

"A church shouldn't have to host a wedding it doesn't want to host," said Arthur Spitzer, an ACLU attorney who reviewed the legislation.

Witnesses also discussed wording in the bill that would stop people from registering new domestic partnerships in the city after January 2011. Some said that ending the registry may not be a good idea or at least shouldn't be part of the same-sex marriage bill. The city's law is broad, so two sisters can currently register if they live together, and ending the registry would stop that.

"Let's do one thing at a time," said Nancy Polikoff, a law professor at American University who teaches about issues of sexuality and the law.

A spokesman for David Catania, the council member who introduced the bill, said Catania was willing to look at changing the language of both the domestic partnership and religious exemption provisions.

Mark Levine, a lawyer for the Gertrude Stein Democratic Club, a gay and lesbian political advocacy group, said he plans to suggest the change to the gender-neutral term "spouse" in the bill during a continuation of Monday's hearing on Nov. 2. The current language says that parties to a marriage may be designated "bride," "groom" or "spouse." Levine said using only "spouse" would help make everyone equal.