LGBT rights in the District of Columbia

The establishment of lesbian, gay, bisexual and transgender (LGBT) rights in the District of Columbia is a relatively recent occurrence, with the majority of advances in LGBT rights having taken place in the late 20th century and early 21st century. Along with the rest of the country, the District of Columbia recognizes and allows same-sex marriage.[1] The percentage of same-sex households in the District of Columbia in 2008 was at 1.8%, the highest in the nation.[1] This number had grown to 4.2% by early 2015.[2]

LGBT rights in the District of Columbia
District of Columbia (US)
StatusLegal since 1993
(Legislative repeal)
Gender identityTransgender people allowed to change legal gender
Discrimination protectionsSexual orientation and gender identity protections
Family rights
Recognition of relationshipsSame-sex marriage since 2010
AdoptionSame-sex couples allowed to adopt

The District of Columbia is regarded as very accepting and tolerant of LGBT people and same-sex relationships, with a 2017 Public Religion Research Institute poll indicating that 78% of residents supported same-sex marriage.[3] The District also explicitly bans discrimination on the basis of sexual orientation and gender identity, and the use of conversion therapy on both minors and adults.[4] Same-sex marriage legislation came into effect in March 2010, granting same-sex couples the right to marry, while domestic partnerships were legalized in 2002.

Law regarding same-sex sexual activity

In 1801, the United States Congress enacted a law that continued all laws of Maryland and Virginia in the District, with those of Maryland applying to the portion of the District ceded from Maryland and those of Virginia applying to the portion ceded from Virginia. As a result, in the Maryland-ceded portion, sodomy was punished with up to seven years' imprisonment and death for slaves, whereas in the Virginia-ceded portion the penalty was set at 1-10 years' imprisonment and death for slaves. Maryland repealed the death penalty for slaves in 1809. In 1847, the Virginia-ceded portion was given back to Virginia, thus only the Maryland law had effect in the territory. In 1871, Congress granted the District home rule. All existing laws were retained unless and until expressly altered by the City Council. After direct rule was reinstated in 1874, Congress passed legislation in 1901 recognizing common-law crimes, with a penalty of up to five years' imprisonment and/or a fine of 1,000 dollars.[5]

A 1935 law made it an offence to solicit a person "for the purpose of prostitution, or any other immoral or lewd purpose". In 1948, Congress passed a law providing for the "treatment of sexual psychopaths and other purposes", criminalizing sodomy, whether homosexual or heterosexual, with up to 10 years' imprisonment or a fine of 1,000 dollars. Oral sex was included in the law's application. The first court case dealing with the issue occurred just one year later in Tonker v. United States. According to a 1950 government report, some 1,400 arrests had been made for "sexual activity", 27% of which had charges dismissed by the courts. In another 50%, collateral was forfeited by the arrestee and nothing further happened. Most of the arrests were for "disorderly conduct". The police department had several officers whose sole job was to "check on homosexuals". Multiple court cases dealt with the issue in the following years. Many of the published sodomy and solicitation cases during the 1950s and 1960s reveal clear entrapment policies by the local police, some of which were disallowed by reviewing courts. In 1972, settling the case of Schaefers et al. v. Wilson, the District of Columbia Government announced its intention not to prosecute anyone for private, consensual adult sodomy, an action disputed by the U.S. Attorney for the District of Columbia. The action came as part of a stipulation agreement in a court challenge to the sodomy law brought by four gay men.[5]

Same-sex sexual activity was decriminalized in 1981 but the decision was quickly overturned by the United States Congress.[6] A successful legislative repeal of laws criminalizing same-sex sexual activity followed in 1993.[7]

Under the District of Columbia Home Rule Act 1973, all laws passed by the Council of the District of Columbia and signed by the Mayor, are subject to a mandatory 30-day "congressional review" by the U.S. Congress. Only then after the 30-day congressional review, and if they are not blocked by Congress, that they become effective in the District of Columbia.

Recognition of same-sex relationships
Main article: Same-sex marriage in the District of Columbia

Same-sex domestic partnerships were legalized by the Council in 1992 through the Health Benefits Expansion Act, but the Republican-controlled Congress refused to approve the measure until 2002, when a legislative rider preventing congressional approval of the Act's implementation was not included that year. Afterwards, the domestic partnerships provisions of District law were incrementally expanded.

Same-sex marriage in the District of Columbia was legalized on December 18, 2009, when Mayor Adrian Fenty signed a bill passed by the Council of the District of Columbia on December 15, 2009. Following the signing, the measure entered a mandatory congressional review of 30 work days. Marriage licenses became available on March 3, 2010, and marriages began on March 9, 2010. The District became the only jurisdiction in the United States below the Mason–Dixon Line to allow same-sex couples to marry, until neighboring Maryland legalized same-sex marriage on January 1, 2013.

Domestic partnerships for same-sex and opposite-sex couples remain available as an option alongside marriage.[8]

The District has provided benefits to same-sex partners of state employees since 2002.[9]

Adoption and family planning

Same-sex couples are allowed to legally adopt children. Additionally, lesbian couples have access to in vitro fertilization (the non-gestational, non-genetic parent is automatically recognized as a legal parent of a child born via donor insemination),[10] and gay couples are permitted to undertake gestational and traditional surrogacy arrangements under the same terms and conditions as different-sex couples.[11]

On 2 December 2016, a legislative committee passed a bill, in a 9-0 vote, to allow commercial surrogacy contracts for all couples.[12] On 22 December 2016, the Council of the District of Columbia passed the bill in its second reading unanimously by a vote of 13-0.[13] The Mayor of the District of Columbia, Muriel Bowser, signed the bill into law on 15 February 2017.[14] The law went into effect on April 7, 2017, after the 30-day "congressional review" had passed.

Discrimination protections
Capital Pride is held annually in June.
Participants at the 2018 parade
Participants at the 2018 parade

Sexual orientation and gender identity are both covered as protected classes under District law.[15]

Moreover, the District's anti-bullying law prohibits bullying on the basis of race, color, ethnicity, national origin, religion, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, intellectual ability, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intra-family offense, place of residence or business, any other distinguishing characteristic, and association with a person, or group with any person, with one or more of the actual or perceived foregoing characteristics. The law also explicitly includes cyberbullying and harassment, and applies to every educational institution in the District.[16]

In May 2015, the discrimination ban was expended to include LGBT students attending religious schools.[17]

Hate crime law

The District's hate crime law covers both sexual orientation and gender identity.[18] It provides additional penalties for crimes committed based on the victim's sexual orientation or gender identity, amongst other categories.

Transgender rights

Previously, transgender persons had to undergo sex reassignment surgery to amend the gender marker on their birth certificates and driver's licenses.[19] Under the JaParker Deoni Jones Birth Certificate Equality Amendment Act of 2013, transgender persons in the District may obtain new documentation that reflects their gender identity from the city registrar following a letter from a licensed health care provider certifying their gender identity, and no longer need to undergo sex reassignment surgery. The act passed congressional review and took effect on November 5, 2013.[20][21]

In 2015, a bill was introduced to the D.C. Council to properly record the gender identity of transgender people on death certificates. The bill failed in committee by a vote of 4-6.[22] In 2016, the same bill was introduced by a different member and passed the committee stage by a vote of 9-0.[12] The bill passed its second reading unanimously by a vote of 13-0.[23] Mayor Muriel Bowser signed the bill into law on February 15, 2017. The law went into effect on April 7, 2017, after the 30-day "congressional review" had passed.

Since July 1, 2017, the D.C. Department of Motor Vehicles has offered a third choice for gender on licenses and identification cards: "X".[24] They issued the first-ever gender-neutral identification card in the United States to LGBT activist Shige Sakurai, who helped develop the new policy.[25] In September 2018, the D.C. Council unanimously approved a bill codifying the decision of the Department of Motor Vehicles into law.[26] The "X" option is currently unavailable for birth certificates.

Conversion therapy
See also: List of U.S. jurisdictions banning conversion therapy

On December 2, 2014, the D.C. Council voted unanimously to ban sexual orientation change efforts (conversion therapy) on minors. Mayor Vincent C. Gray signed the bill on December 22, 2014.[27][28] The act passed congressional review and took effect on March 11, 2015.[29]

In January 2019, the conversion therapy ban was extended to adults.[30][4] On January 16, Mayor Muriel Bowser signed the ban into law.[31][32]

Gay and trans panic defense

In September 2019, several bills were introduced to abolish the gay and trans panic defense. The D.C Council is yet to consider the bills.[33][34]

Public opinion and demographics

A 2013 Williams Institute survey showed that 10% of the D.C. adult population identified as LGBT. This was the highest in the United States.[35]

A 2017 Public Religion Research Institute poll found that 78% of D.C. residents supported same-sex marriage, while 17% were opposed and 5% were unsure.[3] Additionally, 84% supported an anti-discrimination law covering sexual orientation and gender identity. 10% were opposed.

Public opinion for LGBT anti-discrimination laws in the District of Columbia
Poll source Date(s)
administered		 Sample
size		 Margin of
error		 % support % opposition % no opinion
Public Religion Research Institute January 2-December 30, 2019 1,139 ? 72% 21% 7%
Public Religion Research Institute January 3-December 30, 2018 1,043 ? 78% 16% 6%
Public Religion Research Institute April 5-December 23, 2017 1,396 ? 84% 10% 6%
Public Religion Research Institute April 29, 2015-January 7, 2016 1,421 ? 73% 23% 4%

Summary table
Same-sex sexual activity legal (Since 1993)
Equal age of consent (16) (Since 1993)
Anti-discrimination laws in every area (Both sexual orientation and gender identity)
Same-sex marriages (Since 2010)
Recognition of same-sex couples (Since 2002)
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
Lesbian, gay and bisexual people allowed to serve openly in the military (Since 2011)
Transgender people allowed to serve openly in the military
Abolition of the gay and trans panic defense (Pending)
Conversion therapy banned (Since 2015 for minors and since 2019 for adults)[36]
Right to change legal gender without surgery
Third gender option / (Since 2017 for driver's licenses, not available for birth certificates)
Access to IVF for lesbian couples
Surrogacy arrangements legal for gay male couples
MSMs allowed to donate blood / (Since 2020; 3-month deferral period)[37]
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References
  1. "By the numbers: Same-sex marriage". CNN.com. Retrieved 2013-11-02.
  2. SAME-SEX MARRIED TAX FILERS AFTER WINDSOR AND OBERGEFELL
  3. PRRI: American Values Atlas 2017, Washington, DC
  4. Dillon, Brian (25 January 2019). "Washington DC Becomes First US Territory To Ban Conversion Therapy For Adults". gcn.ie.
  5. "The History of Sodomy Laws in the United States - District of Columbia". www.glapn.org.
  6. Grindley, Lucas (2012-08-21). "The 45 Biggest Homophobes of Our 45 Years". Advocate.com. Retrieved 2013-11-02.
  7. "D.C. Sodomy Law". Hrc.org. 2007-03-08. Retrieved 2013-11-02.
  8. "D.C. Marriage/Relationship Recognition Law". Hrc.org. Retrieved 2013-11-02.
  9. National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees", accessed April 16, 2011
  10. "District of Columbia's equality profile". Movement Advancement Project.
  11. "What You Need to Know About Surrogacy in Washington, D.C." American Surrogacy.
  12. D.C. Council committee approves 2 LGBT bills
  13. B21-0016 - Collaborative Reproduction Amendment Act of 2015
  14. D.C. Council passes bill to end 25-year ban on surrogacy agreements
  15. "D.C. Non-Discrimination Law". Hrc.org. 2007-03-08. Retrieved 2013-11-02.
  16. Washington D.C. Anti-Bullying Laws & Policies This article incorporates text from this source, which is in the public domain.
  17. D.C. LGBT, reproductive rights bills become law
  18. "D.C. Hate Crimes Law". Hrc.org. 2007-03-08. Retrieved 2013-11-02.
  19. "D.C. Birth Certificate Law: Gender Identity Issues". Hrc.org. 2005-08-31. Retrieved 2013-11-02.
  20. B20-0142
  21. Chibbaro Jr., Lou (July 11, 2013). "Council approves trans birth certificate bill". Washington Blade. Retrieved July 11, 2013.
  22. Gender identity ‘death certificate’ bill introduced
  23. B21-0444 - Death Certificate Gender Identity Recognition Amendment Act of 2015
  24. Washington, DC joins Oregon in offering third gender marker on drivers’ licenses
  25. Cooper, Mariah (August 10, 2018). "BACK TO SCHOOL 2018: UMD advocates for trans inclusivity". The Washington Blade.
  26. D.C. Council approves ‘Nonbinary’ I.D. card bill
  27. "D.C. bans gay conversion therapy of minors". Washington Post. December 2, 2014.
  28. B20-0501 - Conversion Therapy for Minors Prohibition Amendment Act of 2013
  29. "D.C. bill banning conversion therapy for minors becomes law". Washington Blade. March 16, 2015.
  30. Moore, Matt (January 27, 2019). "Washington DC becomes the first territory in the US to ban gay 'cure' therapy for adults". Gay Times.
  31. Chibbaro, Lou (January 24, 2019). "Bowser signs conversion therapy ban for adults with disabilities". The Washington Blade.
  32. Bollinger, Alex (December 5, 2018). "D.C. may soon have America's toughest conversion therapy ban". LGBTQ Nation.
  33. "D.C. Moves to Ban 'Gay Panic' Defense Legal in 42 States". Out Magazine. September 18, 2019.
  34. "Two versions of bill to ban LGBT panic defense introduced in D.C. Council". Washington Blade. September 17, 2019.
  35. LGBT Percentages Highest in Washington, DC, and Hawaii
  36. Dupuis, Adam (January 27, 2019). "D.C. soon To Be First Territory To Ban Conversion Therapy On Adults". Instinct Magazine.
  37. McNamara, Audrey (April 2, 2020). "FDA eases blood donation requirements for gay men amid "urgent" shortage". CBS News.
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