Date: Thu, 26 Jan 1995 18:15:15 -0500
From: ASLeonard@aol.com

The DC Court of Appeals (highest appellate court for cases in the district)
ruled Jan. 19, 1995, to uphold the present ban on same-sex marriages in the
district.  The vote was 3-0 unanimous on most of the theories presented by
the challengers, Craig Dean and Patrick Gill, but one judge, John Ferren,
dissented on the argument that the ban may violate the constitutional
requirement for equal protection of the laws.  Ferren's logic was different
from that used by the Hawaii Supreme Court last year in Baehr v. Lewin.  He
did not take the approach that a ban on same-sex marriage is sex
discrimination; rather, he argued that it is discrimination against gays, and
said that a trial was needed to determine what level of constitutional
scrutiny should be given to the marriage policy.  He harped on the
"immutability" point as crucial.
One of the interesting things about the decision is that Ferren is the author
of the main opinion in the case, so he is writing for the court and in
dissent in the same case!  
The opinion is very, very long.  It is now available on Westlaw (and probably
Lexis as well).  I recommend it as interesting reading, although sensitive
gay rights advocates will undoubtedly wince at some of the politically
"incorrect" language and ideas Ferren uses, even in those parts of the
opinion that constitute his dissent.
Art Leonard