The en banc District of Columbia Court of Appeals has held that the Board of Elections and Ethics acted lawfully when it rejected a proposed initiative measure that would have banned same-sex marriages. The court was unanimous in concluding that the measure “would authorize, or have the effect of authorizing, discrimination prohibited by the [D.C.] Human Rights Act, and therefore was not a proper subject of initiative.”

Dissenting judges agree with the above point but would not reach the question. (Mike Frisch)