Patrick Merkle
Republican, Ward 6
Candidate for Ward 6 DC CouncilmemberSpecial Election: April 29, 1997
Response to GLAA 1997 Questionnaire
for Ward 6 DC Council Candidates
1. Do you support legal recognition of marriages between persons of the same sex?
I encourage individuals to enter into monogamous relationships which are fulfilling and to which they are committed emotionally and legally. Same-sex marriage ceremonies can be ratified at law by contract and I believe that is the way to do it. I would block any laws which sought to prevent implementation or recordation of such private contract.
2. Will you oppose efforts by Congress or other parties to stop the District of Columbia from recognizing same-sex marriages performed in Hawaii or other places?
I will generally oppose all efforts by Congress to meddle with district affairs. Further, Congress should not be getting into the area of family law, traditionally reserved to the states. Finally, I stand by my prior answer in respect of recognition of marriage by private contract.
3. Do you oppose efforts by Congress or other parties to outlaw or restrict adoptions by unmarried couples in the District of Columbia?
I will generally oppose all efforts by Congress to meddle with district affairs. Again, family law issues, with the exception of immigration matters, should be outside Congressional inquiry. The question of suitability of potential adoptive parents is appropriately considered on a case-by-case basis in every state. Finally, I would not endorse legislation which prohibits or severely restricts adoptions by gays or lesbians solely on that basis.
4. If Congress ever repeals the D.C. Health Care Benefits Expansion Act of 1992 that established the registration of domestic partnerships, will you vote to reenact the same law?
I will generally oppose all efforts by Congress to meddle with district affairs. The law did accomplish something which I support, but the exact law said more than necessary to achieve the ends to implement my response to 1. above.
5. As a member of the Committee on Government Operations, you would have oversight responsibilities for enforcement of the D.C. Human Rights Law of 1977. Do you support the reestablishment of the Office of Human Rights as an independent, adequately-staffed, Cabinet-level agency whose Director has direct access to the Mayor?
Yes. The Mayor sets the tone for his Administration, and the Council can use the budget to coerce the mayor to adequately staff and listen to any particular agency. However, the question presupposes a level of influence which the Council does not have. I believe that the Office of Human Rights should be the conscience of the Administration. Right now, of course, the Barry Administration has no conscience.
6. Do you agree that the Boy Scouts of America is violating the D.C. Human Rights Law's ban on discrimination on the basis of sexual orientation by excluding gays from participating either as scouts or as leaders?
In the first place, BSA has no business encouraging boy scouts to test their sexuality at such a young age, thus asking them to determine whether they're gay or straight before they have a sexual encounter. While the older boys might engage in frank discussions about sex, the fact is that scouting does itself a disservice by seeking to exclude non-sexually active youngsters on any basis, and sexual activity is proscribed by the Boy Scout Code. As for leadership, the importance of service and experience in scouting activities should be weighed more than whether a leader is or is not openly gay. The key is whether an adult is coming into the organization to prey on boys, and this is not a question of sexual orientation, this is a matter of depravity.
7. Will you vote to repeal the Armstrong Amendment, which allows religiously-affiliated private educational institutions in the District to discriminate against student clubs that promote equal rights for lesbians and gay men?
Our Constitution provides for nonestablishment of a national religion in what is essentially a Christian country made great by its faith in God. The Armstrong amendment seeks to keep the government out of the business of religion, in my view. Further, this is a Federal law and I don't think the Council has jurisdiction to overturn it, making the question rather academic.
8. Will you oppose efforts by Congress or other parties to abolish or restrict the right of our public school students to form clubs that promote greater understanding between gays and others?
Yes, I will generally oppose all efforts by Congress to meddle with district affairs. Where the Congress is getting into the act of determining school policy, I will especially argue against it. Whether a school-based club supports understanding or a dialog with the gay community is not a matter for Congress to consider.
9. Do you agree that our own elected officials, past and present, bear much of the responsibility for the District's current financial plight because of their reluctance to make tough budgetary decisions, to establish priorities, and to demand maximum efficiency and productivity (rather than political loyalty) from all District government gencies and workers?
Yes.
10. As a member of the Committee on Human Services, you would have oversight responsibilities in the public health struggles against AIDS and breast cancer. It has recently been revealed that the District failed to spend $1 million of its own appropriated funds to combat AIDS in the last fiscal year, jeopardizing our city's federal funding from the Ryan White Act and contributing to the District's failure to award a contract for an effective needle exchange program. What will you do to safeguard against such bureaucratic bumbling by our health agencies?
Use the offices of the Council to pass resolutions of no confidence in particular employees and, if no action is taken, to pass a law firing them. Remember, the question of under- and overspending is difficult for the Council to rein in without oversight. The Council is not good at doing oversight and you might consider endorsing someone who will do a lot of that, like me.
11. Do you support the legalization of the medical use of marijuana when a patient's doctor recommends it as a means to combat the effects of AIDS, cancer, and other diseases when more conventional treatments for alleviating symptoms fail?
A drug with medicinal value ought to be available to those who can benefit from it. The fact that such a drug enjoys an entire counterculture of abuse should not affect our decision, just as cocaine is available as an anesthetic for minor oral surgery. However, I am not yet persuaded that marijuana has any medicinal value.
12. Do you support the condom availability programs that have been established in the District's public schools and prisons?
No.
13. In 1995, the Council summarily abolished the Civilian Complaint Review Board, thereby allowing the Metropolitan Police Depoartment to handle all public complaints about excessive use of force or abusive language by the police. Last year the Council failed to enact the Police Conduct Review Board Act of 1995, to establish an improved system for civilian review of such complaints against the police; the Council claimed there were no funds for establishing the new board. Will you vote to establish and fund the Police Conduct Review Board for FY 1998?
No, because it does not go far enough and in enacting this law the Council would ignore the larger issue of accountability for public safety. I want a complete civilian takeover of the police department, with a civilian commission comprised of Republicans and Democrats to whom the Chief of Police would report and which would be responsible for hearing complaints about the performance of the police.
14. Do you support sensitivity and community relations training for all elements of our public safety system (police, fire department, etc.) that includes strong recognition of gay and lesbian community concerns, so that the District will never again tolerate the kind of insensitivity and incompetence reflected in the Fire Department's handling of the Tyra Hunter case and similar incidents?
Yes.
15. Will you support legislation to authorize and regulate the issuance of liquor licenses to establishments (in designated nonresidential commercial districts) that want to offer nude dancing as entertainment?
I support a district-wide moratorium on all liquor licenses and suggest that they be subject to issuance pursuant to open bidding with guarantee of renewal limited to five years. Upon expiration of the renewal period, the license would come up for sale by competitive bid and the original holder would have the right of first refusal. In this way, the marketplace would control who owns permits, and the advantage of a proft from issuance of the permit would enure to the benefit of the citizens of D.C., instead of the merchants who are simply lucky enough to hold one.
Thank you for the opportunity to comment on these important issues.
[Signed]
Patrick Merkle