bachmannklineA lawsuit to force the District of Columbia to put gay marriage to a vote was dismissed on Thursday. Reps. Michele Bachmann and John Kline were among a group of Republican members of Congress who signed on to the lawsuit. Congress has the ultimate authority over law-making in the District.

The District argued that a referendum on marriage would violate its non-discrimination laws, and a D.C. Superior Court agreed (PDF), citing among precedents a 2005 case in Minneapolis where citizens petitioned to hold a vote on medical marijuana. A Minnesota judge denied the referendum because making medical marijuana legal in Minneapolis would violate state law.

Judge Judith N. Macaluso wrote that since same-sex marriages performed outside the District were valid inside Washington, D.C., a same-sex marriage ban would “ostracize a disfavored minority in violation of District of Columbia law.”

“If enacted, the initiative would deprive only same-sex individuals of the legal status, rights, and privileges they enjoy as married persons,” wrote the judge. “Such an initiative patently ‘authorizes or would have the effect of authorizing discrimination based upon. . . actual or perceived . . . sexual orientation [or] gender identity.’”

Bachmann and Kline joined the lawsuit with the assistance of Pat Robertson’s American Center for Law and Justice.

Unless Congress votes to overturn DC’s same-sex marriage law, it will become law in March.