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ADF attorneys available to media following hearing over DC marriage initiative

ADF, Stand4MarriageDC appealed decision denying DC voters a say on definition of marriage

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WHO: ADF Senior Legal Counsel Austin R. Nimocks
WHAT: Available for media interviews following hearing in Jackson v. D.C. Board of Elections and Ethics
WHEN: Tuesday, May 4, immediately following hearing, which begins at 10 a.m. EDT
WHERE: D.C. Court of Appeals, 430 E. St. NW, Ceremonial Courtroom, Washington

WASHINGTON — Alliance Defense Fund Senior Legal Counsel Austin R. Nimocks will be available for media interviews following his oral argument Tuesday before the District of Columbia Court of Appeals in Jackson v. District of Columbia Board of Elections and Ethics. He will also participate in a press conference at John Marshall Park, C St. NW and Constitution Ave., at 1 p.m. EDT.

ADF and Stand4MarriageDC attorneys represent Bishop Harry Jackson, Jr.; Del. Walter E. Fauntroy; and other registered voters who argue that voters in the district have the right to vote on the definition of marriage. A Jan. 28 Washington Post poll showed that 59 percent of adult D.C. residents believe voters should be allowed to vote “yes” or “no” on the definition of marriage in the district.

“In America, we respect the right to vote. The citizens of the District of Columbia should not have their voices suppressed by the government, but that is exactly what is happening here,” said ADF Senior Legal Counsel Austin R. Nimocks. “Our clients believe that, at this time in history, we should be focused on strengthening marriage, not completely changing it forever. The proponents of this initiative have an absolute right to present that view to the voters of the district for them to decide.”

On Sept. 1, 2009, Jackson, Fauntroy, and other D.C. registered voters filed the Marriage Initiative of 2009. The initiative provides that “[o]nly marriage between a man and a woman is valid or recognized in the District of Columbia,” affirming the district’s only definition of marriage at that time. The initiative was to be placed on the ballot for district voters to express their views either for or against the initiative, but on Nov. 17, 2009, the D.C. Board of Elections rejected the initiative on the basis that the measure would have the effect of authorizing “discrimination” in violation of the D.C. Human Rights Act of 1977.

ADF and Stand4MarriageDC attorneys representing initiative proponents filed a lawsuit with the D.C. Superior Court contesting that decision the next day. The suit contends that the D.C. Charter, which serves as a constitution for the district, guarantees citizens the right to initiate and vote on any legislation except for “laws appropriating funds.” It is undisputed that the Marriage Initiative of 2009 does not seek to appropriate funds.

The court refused to reverse the decision of the D.C. Board of Elections, prompting the current appeal, in which Stand4MarriageDC.com attorney Cleta Mitchell is serving as co-counsel.

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family