Washington, District of Colombia LGBT Laws

Consensual sex between same sex couples is lawful at age sixteen (16) years.

District of Columbia Code. Title 22. Criminal Offences and Penalties. Subtitle I. Criminal Offences. Chapter 30. Sexual Abuse [L1.1].

Subchapter I. General Provisions provides:

§ 22-3001. Definitions.

(3) “Child” means a person who has not yet attained the age of 16 years.

(5A) “Minor” means a person who has not yet attained the age of 18 years.

Subchapter II. Sex Offences provides:

§ 22-3008. First degree child sexual abuse. Whoever, being at least 4 years older than a child, engages in a sexual act with that child or causes that child to engage in a sexual act shall be imprisoned for any term of years or for life and, in addition, may be fined an amount not to exceed $ 250,000.

§ 22-3009. Second degree child sexual abuse. Whoever, being at least 4 years older than a child, engages in sexual contact with that child or causes that child to engage in sexual contact shall be imprisoned for not more than 10 years and, in addition, may be fined in an amount not to exceed $ 100,000.

On 15 February 2017, Mayor Muriel Bowser approved Collaborative Reproduction Amendment Act of 2016 DC Act A21-672 to permit collaborative reproduction and surrogacy agreements, to establish requirements for surrogates, intended parents, and the contents of surrogacy agreements, to establish parentage of a child, to provide for court orders of parentage, and to establish the effect of a subsequent marriage or domestic partnership, dissolution of a marriage or domestic partnership, death of an intended parent, and withdrawal of consent. The Act came into effect on 07 APR 17 [R1.3].

On 20 December 2016, the District of Columbia Council passed 8-0 Bill B21-0016 that could end the District’s 25-year ban on surrogacy agreements. The pending legislation establishes parental rights and procedures; requires surrogates to be 21 years old and already have a child. The bill now goes to Mayor Muriel Bowser for her consideration and if signed still could still face congressional review for 60 legislative days. Current law, bans and criminalizes surrogacy agreements. Violators could face up to a year in prison and/or a $10,000 fine [R1.2].

In July 2009, children born through artificial insemination could lawfully have two female parents at birth as the District’s Domestic Partnership Judicial Determination Parentage Act of 2009 allows a consenting spouse or partner to appear on the child’s birth certificate as a parent without a complicated adoption process [R1.1].

On 26 March 2018, US District Judge Randolh D Moss dismissed the complaint filed by Chris Sevier alleging that homosexuality is a religion and that the displaying of rainbow flags by four members of the US House of Representatives in the hallways outside their offices violates his constitutional right to be free from such a religion [C1.2], [R1.1].

On 01 December 2015, the District of Columbia City Council voted unanimously giving final approval to the ‘Domestic Partnership Termination Recognition Amendment Act of 2015’, amending the city’s existing domestic partnership law to allow couples that had domestic partnerships legally registered in another jurisdiction to terminate those partnerships by judicial decree in the District [R1.7].

In January 2006, the Washington DC city council was considering expanding rights for gay and lesbian couples that would expand tax and inheritance benefits, give partners powers of attorney, the ability to sue for negligence, and immunity from testifying against one another. The bill also allows the equivalent of prenuptial agreements and alimony-like obligations if a breakup occurs [R1.6].

In June 2002, the District government was preparing to launch one of the nation’s broadest domestic partnership programs. Registered domestic partners –

• must be over 18 years of age, unmarried and mentally competent
• must be be living together in the same domicile
• are eligible to purchase membership in a city health plan
• have the right to visit a partner in a nursing home or hospital
• have authority over the remains of partners after death
• are no subject to any residency requirement
• will be issued with a domestic partner certificate costing $45
• can terminate the registration after a six-month wait

The rights of partners are enforceable only within the District [R1.5].

Previously:

On 07 November 2001, the Senate voted to allow the District of Columbia to implement a domestic-partners law [R1.4].

In September 2001, the House ended nine years of blocking a District of Columbia domestic partners law, lifting a restriction imposed by Congress 10 years ago that prohibited D.C. from implementing its domestic partners law [R1.3].

The domestic partners law, officially known as the District of Columbia Health Care Benefits Expansion Act of 1992, allowed domestic partners of D.C. government employees to obtain employee health insurance benefits, but required the partners to pay the full cost of those benefits [R1.2].

In 1992, the law on registered partners offered same-sex partners some rights of marriage [R1.1].

On 07 July 2016, the DC Court of Appeals reversed the Superior Court judgment dismissing the petition of James Spellman seeking a common-law marriage declaration between him and Michael Kelly (deceased), his partner of 17 years, on grounds that the Superior Court didn’t have personal jurisdiction over Kelly’s estate and relatives in Delaware. The Superior Court, must now make a determination on the merits of whether a common-law marriage existed between Spellman and Kelly. A finding in favour of Spellmen may entitle him to some if not all of Kelly’s assets as Kelly’s legal spouse [C2.2], [R2.1].

On 02 December 2014, the Washington, DC City Council passed 13-0 the Human Rights Amendment Act of 2014, which repeals an exemption (the Armstrong Amendment enacted in 1988) for religious schools from legislation related to sexual orientation [R1.5].

On 27 February 2014, Mayor Vincent C. Gray announced the District of Columbia had advanced the rights of the city’s transgender community by prohibiting discrimination in health insurance based on gender identity and expression [D1.4], [R1.3].

In April 2004, the Office of the Special Counsel reinstated the longstanding antidiscrimination policy, protecting federal employees from bias in the workplace on the ground of sexual orientation, which it had put on hold in February 2004 pending a “legal analysis” [R1.2].

In 1973, District of Columbia law prohibited discrimination on the basis of sexual orientation in public and private employment [R1.1] and in 2006 prohibited discrimination on the basis of gender identity [R1.1].

On 26 September 2016, US District Court Judge Emmet G. Sullivan dismissed the three of eleven counts in response to a motion filed in January by DC Attorney General Karl Racine asserting that former Metropolitan Police Department Officer Christopher Lilly failed to state a valid claim that the alleged discrimination violated his First and Fifth Amendment constitutional rights. The Court ordered the MPD to respond to the remaining counts alleged to violate the DC Human Rights Act and Title VII of the U.S. Civil Rights Act of 1964 by 10 October [R2.3].

On 31 March 2014, US District Court Judge Colleen Kollar-Kotelly found that discrimination that stems from noncomformity to “gender stereotypes associated with men” is prohibited by Title VII of the Civil Rights Act, which prohibits workplace discrimination due to sex. In 2012 the US Equal Employment Opportunity Commission ruled that the term ‘gender’ in Title VII “ … encompasses not only a person’s biological sex but also the cultural and social aspects associated with masculinity and femininity” [C2.2], [R2.1].

On 25 August 2015, DC Superior Court Judge Kimberley Knowles denied the motion of Jennifer Lynn McKelvey calling for the dismissal of the petition of Enrique Mendez seeking to have the relationship of more than four years with his late partner Miles Eric Lease declared a common law marriage, thereby entitling him to the assets of the estate. Eric Lease died without leaving a Will. An evidentiary hearing is scheduled for 10 November [R1.1].

The District of Columbia has a law protecting against gender identity discrimination in employment [R1.3].

On 21 June 2017, it was reported that next week the D.C. Department of Motor Vehicles will begin offering a third choice for gender on licenses and identification cards: ”X”, designating a neutral or non-binary gender identity [R1.9].

On 20 December 2016, the District of Columbia Council passed the ”Death Certificate Gender Identity Recognition Amendment Act of 2016” (B21-0444) to establish a process for designating the gender identity and expression on the death certificate of a person who dies. The legislation also allows individuals to pre-designate their gender identity with the city’s Registrar of Vital Records prior to their death [R1.8].

On 03 June 2016, the District of Columbia Office of Human Rights and the National LGBTQ Task Force published a guide of best-practices for businesses in both hiring and retaining transgender and gender non-conforming employees that includes a concise commentary on Federal and State laws [D1.7], [R1.6].

On 27 February 2014, Mayor Vincent C. Gray announced the District of Columbia had advanced the rights of the city’s transgender community by prohibiting discrimination in health insurance based on gender identity and expression [D1.5], [R1.4].

On 06 August 2013, Mayor Vincent Gray signed the JaParker Deoni Jones Birth Certificate Equality Amendment Act of 2013 into law [R1.3].

On 26 June 2013, the JaParker Deoni Jones Birth Certificate Equality Amendment Act 2013 was unanimously approved on a first vote/reading. Subject to final approval and mayoral signature, the bill enables transgender and intersex individuals to obtain new birth certificates reflecting their correct gender and name upon application and submission of a signed statement from a licensed health care professional attesting that the applicant has received treatment appropriate for a gender transition and removes the requirement that individuals publish their names and gender change in a general publication newspaper for three consecutive weeks [R1.2].

On 19 February 2013, The DC Council introduced a bill that would revise the requirements for transgender people who have their names legally changed and ask for new birth certificates with the proper gender marker, bringing city regulations into line with 23 states and the State Department in protecting the identities of individuals who undergo gender transitions [R1.1].

On 16 January 2019, Attorney General Karl A Racine announced a settlement with Cuba Libre Rum Bar and Restaurant for discriminating against a transgender District resident and ordering Cuba Libre to pay the District $7,000 in penalties and legal costs. Downtown restaurant Cuba Libre made headlines in 2018 when an employee attempted to prevent a transgender District resident from using a bathroom that corresponds to her gender identity. AG Racine also introduced legislation to clarify the Office of the Attorney General’s (OAG) ability to protect District residents from discrimination [D2.2], [R2.1].

In 1990, hate crimes based on sexual orientation or gender identity became an aggravating circumstance [R1.1].

On 06 August 2015, Associate Judge Judge Stephen H Glickman for the District of Columbia Court of Appeals found that the city’s Bias-Related Crime Act of 1990 applies to any criminal act, including hate-related threats, even though the statute doesn’t explicitly mention threats in its definition of a hate crime [C2.2], [R2.1].

On 16 January 2019, Mayor Muriel Bowser signed ACT 22-573 into law, extending the territory’s protections against gay ‘cure’ therapy to people over the age of 18 who still have a legal guardian. In 2015, DC became just the third jurisdiction to ban the practice for children [R1.10].

On 27 April 2016, Mayor Muriel Bowser signed the ”Youth Suicide Prevention and School Climate Survey Act of 2015” bill approved by the City Council requiring the city’s public schools to adopt suicide prevention polices that specifically address the needs of LGBT youth. The Act is effective following approval by the Mayor, a 30-day period of congressional review and publication in the DC Register [L1.9], [R1.8].

On 02 February 2016, the Council of the District of Columbia unanimously passed B21-168, the LGBTQ Cultural Competency Continuing Education Amendment Act, mandating that certain health care providers learn how to treat gay, lesbian, bisexual, and transgender patients. The Act goes to Mayor Muriel Bowser for signature [R1.7].

On 11 March 2015, Bill B20-0501, the ‘Conversion Therapy for Minors Prohibition Amendment Act’ passed unanimously by the District of Colombia Council in December 2015, became law following its review by Congress. The law prohibits the practice of “sexual orientation change efforts” that seek to change an individual’s sexual orientation, gender identity or gender expression [R1.6].

On 22 December 2014, DC Mayor Vincent Gray signed into law Bill B20-0501 passed unanimously by the City Council that bans mental health professionals licensed by the city from performing so-called conversion therapy on minors [R1.5].

On 02 December 2014, the DC Council passed Bill B20-0501 unanimously to ban the practice of conversion therapy to change a minor’s sexual orientation [L1.4], [R1.3].

On 27 February 2014, Mayor Vincent C. Gray announced the District of Columbia had advanced the rights of the city’s transgender community by prohibiting discrimination in health insurance based on gender identity and expression [D1.2], [R1.1].

On 24 November 2015, US District Judge Colleen Kollar-Kotelly dismissed the suit of Edward G Horvath who sought unsuccessfully to add his husband Richard Neidich to his Government Accountability Office employer-sponsored health insurance plan in 2004 until after the Windsor DOMA decision. The GAO refused to provide backpay or other remedies with respect to its prior refusal to add Horvath’s husband to his health insurance coverage, the Court concluding that a claim under Federal Employee Health Benefits Act and discrimination claims under Title VII fail because Plaintiff has failed to timely exhaust his administrative remedies [C2.2], [R2.1].

The District of Columbia has no laws forbidding same gender sexual relations [R1.1].

On 27 July 2017, US District Court Judge Royce C. Lamberth ordered the US Department of Justice (DOJ) and the Federal Bureau of Investigation to dramatically expand their search, review and release procedures which could result in the release of thousands of additional documents relating to President Eisenhower’s 1953 ”sexual perversion order” known as Executive Order 10450. The Eisenhower order identified ”sexual perversion” as sufficient cause to investigate and terminate actual and suspected homosexual employees of the federal government, leading to thousands of terminations [C2.2], [R2.1].

On 06 March 2012, the Civil Marriage Dissolution Equality Amendment Act of 2011 was finally approved by Council and now goes to Mayor Vincent Gray for his signature [R1.8].

On 18 October 2011, Bill 19-526, the Civil Marriage Dissolution Equality Amendment Act of 2011 was introduced to Council. It would allow same-sex couples who married in the District but have since moved away to divorce without having to return to complete a six-month residency requirement, which is currently mandatory [L1.7], [R1.6].

On 15 December 2009, the DC Council passed a marriage equality bill in a final 11–2 vote. Mayor Adrian Fenty signed the bill on 18 December 2009, and subject to a 30–day Congressional review, the law will go into effect in March 2010 [R1.5].

On 25 March 2010, the US Senate voted 59–36 to block consideration of an amendment that would force the District of Columbia to hold a referendum calling for overturning the city’s same-sex marriage law [R1.4].

Previously:

In December 2009, the DC council reportedly voted 11 to 2 to legalize same-sex marriage in the district, subject to a second vote [R1.3].

In October 2009, Councilman David Catania introduced a bill to legalise gay marriage in the District. Nine of the council’s 13 members are listed as co-sponsors and mayor Adrian Fenty signalled he would sign it. However, it must then be approved by Congress for a vote and a 30–day review [R1.2].

In March 2009, the Washington DC council voted unanimously to recognise gay marriages performed in other states [R1.1].

On 18 January 2011, the Supreme Court rejected an appeal [Jackson v. The D.C. Board of Elections and Ethics] from opponents of same-sex marriage who wanted to overturn the District of Columbia’s gay marriage law [R2.8].

In December 2010, D.C. Attorney General Peter Nickles in the district’s brief urged the United States Supreme Court not to hear a case filed by a D.C. minister, Bishop Harry Jackson, and others that could threaten the district’s marriage equality law [R2.7]. See also [R2.5], [R2.4].

In December 2010, a gay couple in Texas that were married via Skype last month by a DC celebrant to circumvent Texas same-sex marriage laws were notified in a letter from the DC Superior Court that their union is invalid [R2.6].

On 13 October 2010, Bishop Harry Jackson petitioned the US Supreme Court to hear a case on putting marriage equality in Washington DC, up to a vote [R2.5].

On 15 July 2010, the DC Court of Appeals ruled 5–4 against opponents of the city’s same-sex marriage law, saying they cannot put an initiative on the ballot asking voters to overturn it [R2.4].

Previously:

On 02 March 2010, the Supreme Court refused to stop the District of Columbia’s gay marriage law, freeing the city to issue its first marriage licenses to same-sex couples the following day [R2.3].

On 19 February 2010, DC superior court Judge Brian Holeman denied a motion to delay the effective date of the city’s marriage equality law, ruling that the court lacked the power “to usurp the legislative process” [R2.2].

On 30 June 2009, a Washington DC, superior court rejected a proposed referendum that could have repealed recently passed legislation under which D.C. recognizes same-sex marriages performed in other jurisdictions [R2.1].

An individual’s sexual orientation is not a basis for exclusion in Washington DC [R1.3].

Second-parent adoption is lawful in Washington DC [R1.2]

In 1999, by a two-vote margin, the House of Representatives voted to reject a measure that would have banned adoptions by same-sex couples in the District of Columbia [R1.1].

The law forbids discrimination and harassment based on sexual orientation [R1.1].