In the actual campaign, the opponents of marriage equality, principally the Roman Catholic Church and the Mormon-front group, the National Organization for Marriage, launched an assault on equal marriage rights by stoking fears that somehow legalizing same-sex marriage would have a deleterious effect on school children and, at the same time, running ads saying that they had no objection to domestic partnership or civil unions, only to the "redefinition" of marriage. Notwithstanding the fact that the Roman Catholic Church and the National Organization for Marriage have consistently opposed domestic partnerships, their ads alleging their support of gay rights seem to have been effective.

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Victory in District of Columbia

The District of Columbia City Council passed a domestic partnership bill in 1992, but because of Congressional intervention, it was not implemented until 2002. The District's domestic partnership is not limited to same-sex couples and offers a limited number of rights, such as hospital and jail visitation and some benefits for employees of the District.

On May 4, 2009, however, just as the Maine legislature was approving marriage equality, the Washington, D. C. City Council overwhelmingly approved a bill that recognizes same-sex marriages performed in jurisdictions where they are legal.

The bill was described by openly gay Council member David Catania as "the culmination of a long journey as we attempt to be true to our motto--'Justice for All.'"

Under the legislation, same-sex couples who live in the District and who have been married in other jurisdictions are granted such legal rights as joint filing of city tax returns and all private health care and pension benefits that are afforded heterosexual couples.

Catania regarded the bill as a precursor to full marriage equality. That goal advanced in December 2009, when the Council passed a bill on December 15 legalizing same-sex marriage, which was signed into law by Mayor Adrian Fenty on December 18.

Like all D.C. legislation, the law was subject to review by Congress, which had the power to invalidate it within 30 working days. Despite the attempts of some Republican Congressmen to invalidate the law, the Democratic-controlled Congress refused to intervene.

Opponents of same-sex marriage also sued in federal court, alleging that the law should be subject to a referendum. Finally, on March 2, 2010, Supreme Court Chief Justice John Roberts announced the Court's refusal to issue a stay of the legislation. Somewhat ominously, he pointed out that the law might be subject to repeal via the District's initiative process, though that question would have to work its way through the appellate process before reaching the Supreme Court.

On March 3, 2010, the District began issuing marriage licenses to same-sex couples.

Nevada Domestic Partnerships

Beginning on October 1, 2009, both same-sex and opposite-sex couples in Nevada have the option of domestic partnerships, which offer most of the rights and responsibilities of marriage in areas such as estate planning, medical decisions, community property, and child care.