D.C. Court of Appeals schedules oral argument in lawsuit to restore D.C. Marriage Initiative to ballot

Appellants before the D.C. Court of Appeals seek to qualify the D.C. Marriage Initiative of 2009 for the ballot, after the D.C. Superior Court upheld a disqualification decision by the D.C. Elections and Ethics Board. The case is Jackson v. District of Columbia Bd. of Elections, Civ. No. 2009 CA 008613 B, slip.op. (D. C. Super., Jan. 14, 2010), petition for cert., Jan. 15, 2010, No. 10-CV-20 (D.C. Ct. App.) Chief Justice Roberts denied their emergency application to stay D.C.'s marriage equality law when, in a related lawsuit, they tried to overturn the Board's disqualification of a referendum on the law. Jackson v. District of Columbia Bd. of Elections, 559 U. S. ____ (2010) But Roberts said that plaintiffs will, "at the appropriate time," have the right to challenge any "adverse decision" in their "initiative" lawsuit. Oral argument has been scheduled for May 4th at 10 a.m. EST, and parties have been ordered to submit briefs. The Court hosts real-time recording of its oral arguments here.