The Associated Press reports that court papers filed Monday with Chief Justice John Roberts argue that D.C. residents should be able to vote on the matter.
On three prior occasions, the D.C. Board of Elections and Ethics has rejected efforts to put gay marriage on the ballot, ruling that such a measure would violate the city’s Human Rights Act that prohibits discrimination based on sexual orientation.
On Friday, a District of Columbia appeals court Friday unanimously rejected the latest attempt to block the city from legalizing same-sex marriages next month.
To date, the U.S. Congress has declined to take action against the gay marrige bill. Because the capital city is a federal district, Congress has final say over its laws.
If the Supreme Court refuses to block the measure, gay couples in D.C. can begin applying for marriage licenses as early as Wednesday.