Republican Rep. John Becker is pretty upset that a
terminally ill gay man has earned the right to die in peace, and now
it’s become a very real possibility that other gay Ohioans might also
get to die (and live) in peace. And, just like my brother, he’s kind of trying to
ruin the game for everyone just because he’s losing.
In July, Judge Timothy Black heard the case of Jim Obergefell and John Arthur, a long-term gay couple who flew to Maryland to marry at the beginning of the month because Arthur is terminally ill, in hospice care, and not expected to live much longer.
Obergefell and Arthur sued the state of Ohio for
discrimination in not recognizing their out-of-state gay marriage, legal
and recognized in Maryland, when other gay couples residing in states
recognizing same-sex marriages and subsequently moved to Ohio would have
their marriages treated as valid. And because Arthur is terminally ill, it's just as much for the emotional connection as it is for any kind of economic benefit.
Here's what Obergefell wrote in his original complaint (grab a tissue):
“Our legacy as a married couple is very important to John and me… in two or more generations our descendants will not know who we are. Married couples, often through research based on death records, have recognition for their special status forever. I want my descendants generations from now who research their history to learn that I loved and married John and that he loved and married me. They will know that they had gay ancestor who was proud and strong and in love.”
In his ruling, Black called the case “not complicated,” explaining that he’d allow the marriage to be legalized on Arthur’s death certificate because it was likely a constitutional violation that the state of Ohio treated lawful out-of-state same-sex marriages differently than lawful out-of-state same-sex marriages.
In September, he ruled to allow the marriage of another gay
couple — David Michener and William Herbert Ives — after Ives
unexpectedly passed away in late August. Although these aren't (yet) blanket rulings, they're being interpreted as monumental victories for supporters of marriage equality.
Becker, then, decided to do the political equivalent of my brother running to my mom and accusing me of cheating; he wrote U.S. Rep. Brad Wenstrup and called for Black to be impeached for “malfeasance and abuse of power,” which apparently made him really concerned about the “federal government’s ever growing propensity to violate state sovereignty.”
Unfortunately, though, U.S. District Court judges are
appointed for life, so since Becker’s claims against Judge Black are
totally unfounded, Black is free to continue to anger Becker and other people who don't approve of equality for gay couples.
Alphonse Gerhardstein, the attorney for both couples, calls Becker's response to the rulings "bullying."
"Federal judges are granted tenure for life for a reason. It's their job to enforce core principles even when the majority disagrees," he says. "Look at the Dred Scott case. I think most people would agree that's the worst case decision ever made by a judge, and even he didn't get impeached." (In case you forget, he's talking about Dred Scott v. Sandford, the landmark 1857 U.S. Supreme Court ruling that ruled black people weren't citizens.)
Things that actually can get a judge impeached, says Gerhardstein, are offenses like having sex with a criminal defendant or taking bribes.
On Wednesday, Sept. 25, the court added licensed funeral director Robert Grunn, who is responsible for registering deaths and providing personal information to the state on what should go on a death certificate, to the list of plaintiffs. Grunn currently serves same-sex couples when he signs death certificates, says the lawsuit, including those with marriages recognized outside the state of Ohio. The lawsuit, if successful, could require all funeral directors to recognize gay clients as married on death certificates if they were legally married in a different state.
Gerhardstein also says since accepting Arthur and Obergefell's case, he and his colleagues have received inquiries from between 30 to 50 other gay couples seeking legal recognitions of their out-of-state marriages. For now, he says, he and his firm are concentrating on cases specifically involving recognizing same-sex marriages on death certificates, although this litigation could (and probably will) lead to other blanket rulings on how same-sex marriages are recognized in Ohio.
Another hearing with Judge Black is scheduled for Dec. 18.
On National Coming Out Day, Cincinnati’s only openly gay city councilman told CityBeat that equality for America’s Lesbian Gay Bisexual and Transgendered people would take a hit under a President Mitt Romney.
“On day one (of his presidency) he (Romney) could hurt gay families by reinstating Don’t Ask, Don’t Tell and hurt security for our country,” Seelbach said. “We need as many people serving as possible.”
Councilman Chris Seelbach spoke to CityBeat as he waited to vote early outside of the Hamilton County Board of Elections.
Proponents of the measure that prevented openly gay service members from serving in the military have said repealing Don’t Ask, Don’t Tell would damage the country’s combat-readiness.
A study published by the Williams Institute at University of California Los Angeles Law School in September found that there has been no overall negative impact on military readiness, unit cohesion, recruitment, retention or morale.
Seelbach said there would be a stark contrast for LGBT people under President Barack Obama and his GOP rival. He pointed to the Obama administration’s refusal to defend the Defense of Marriage Act in court; his vocal approval of same-sex marriage; anti-discrimination measures signed by the president that, among other things, give same-sex partners the right to visit their loved ones in the hospital and make medical decisions.
He said the next president would also likely have the opportunity to appoint new justices to the U.S. Supreme Court. The court will likely decide the fate of California’s Proposition 8, which outlawed gay marriage.
"If you care about equality, you've got to vote," Seelbach said. "The easiest way to vote is to vote early."
The Obama campaign in Ohio plans to release a new online ad touting the president’s accomplishments for LGBT people.
The ad, made available to CityBeat, features Zach Wahls, a gay-rights activist born to a lesbian couple via artificial insemination. Wahls is known for his testimony before the Iowa House Judiciary Committee against a constitutional amendment that would ban gay marriage in that state.
In the ad, Wahls touts the president’s accomplishments and exhorts Ohioans to reelect Obama.
“We want to make sure that we’re all doing everything we can this fall to get out, register voters, canvass, knock on doors, get our family members and friends out to the polls so that we can re-elect the best president this country has ever seen on LGBT rights,” Wahls said.
A group of state lawmakers will hold a Town Hall-style meeting Thursday to discuss issues affecting African-American residents in Greater Cincinnati.
The Ohio Legislative Black Caucus is sponsoring the event, called The State of African Americans in Ohio. Among those attending are State Sen. Eric Kearney (D-North Avondale), State Rep. Dale Mallory (D-West End) and State Rep. Alicia Reece (D-Bond Hill).
As part of CityBeat's continuing election coverage, we’ve once again sent a questionnaire to the non-incumbent Cincinnati City Council candidates to get their reactions on a broad range of issues.
Nine of the 14 non-incumbents chose to answer our questions. Others either didn’t respond or couldn’t meet the deadline.
During the next few weeks, we will print the responses from the non-incumbents to a different topic each time.
Today’s question is, “Do you believe City Council should continue taking its two-month summer break, or should it meet weekly during the summer?”
UPDATE: City Councilman Chris Bortz called Thursday morning to say that although Councilman Jeff Berding included Bortz's printed name as a co-sponsor on Berding's motion, Bortz won't sign the pledge. "I think it's premature to sign a pledge at this stage," Bortz said. "I support the thrust of it."
Metal detectors could come back to City Hall, but local legislators can’t do much more regarding local gun control. Still, Vice Mayor Roxanne Qualls and other City Council members will begin pushing for more federal regulations on guns starting today. President Barack Obama is already beginning to drum up support for more regulations on guns, including a ban on assault weapons and high-capacity ammunition clips. He also wants to close a loophole that allows people to buy firearms at gun shows without background checks. At the state level, a new bill loosening gun regulations in Ohio is facing criticism. The bill will make it easier to store firearms in cars and allows them for the first time in parking garages under the Ohio Statehouse and a nearby office tower. Gov. John Kasich said he will sign the bill.
The University of Cincinnati is launching a fundraising effort for the renovation of Nippert Stadium. The project could cost as much as $70 million. The university wants to offset as much of the cost as possible to build premium seating, with the possibility of 28 new luxury boxes and more than 1,400 premium seats being added. Goals could change based on demand and fundraising efforts.
A Cincinnati-based company and its top executive have pleaded guilty to circumventing Ohio’s competitive bid process. The actions cost Ohio taxpayers tens of thousands of dollars,
according to Ohio Attorney General Mike DeWine. The company circumvented
the competitive process by submitting multiple bids on road jobs under
different names, creating the illusion of competition.
Sen. Rand Paul of Kentucky, a possible candidate for the presidency in 2016, will headline a Hamilton County GOP event. He will be a featured speaker next month at the Northeast Hamilton County Republican Club's annual pancake breakfast.
The Cincinnati College Preparatory Academy failed to follow its own compensation policies, resulting in improper over-payments of $2,325, according to Ohio State Auditor Dave Yost.
Top state officials will begin pushing and outlining school safety efforts in the wake of the massacre at Sandy Hook Elementary School in Newtown, Conn.
State Impact Ohio has a fantastic infographic showing the growth of charter schools in Ohio. In the Cincinnati urban district, charter schools now host 6,642 students.
A new state policy will automatically refund businesses when they’ve overpaid their taxes. The first round of the policy will refund businesses in Ohio $13 million.
The animal takeover continues. Due to the effects of climate change, some animals are moving into cities.
Digging Ohio's primary election today. Everyone's expecting low turn-out, which only makes your vote even more valuable. If you're not sure what's on the ballot, check out CityBeat's roundup of election coverage for background on the U.S. Senate Democratic primary, the Democratic and Republican primaries for Hamilton County Commissioner, Issue 1 and more.
Dogging David Krikorian, running today in the Democratic primary for the 2nd Congressional District against Surya Yalamanchili and Jim Parker for the right to face incumbent Rep. Jean Schmidt in the fall. MSNBC's Keith Olbermann named Krikorian his "Worst Person in the World" a few days ago for suggesting that Indian-American Yalamanchili's name is too foreign-sounding to win an election.
There’s a catch — municipal employees only get the raises and job security if the city’s parking meters, garages and surface lots are leased to a private company for 30 years.
City Manager Milton Dohoney wants to lease the facilities for at least $40 million upfront and a share of parking profits for the next 30 years. He’d use $21 million of the upfront payment to patch a $34 million deficit in the city’s budget.
During recent budget hearings before City Council, Dohoney said extra revenue was needed to avoid the layoff of 344 city employees.
In a memo to the mayor and city council members, Dohoney outlined the agreement between the city and the American Federation of State, County and Municipal Employees (AFSCME).
Any municipal employees who will lose their jobs because of the deal would be placed in other city jobs with no loss of wages. No city employees covered by the union would be laid off between 2013 and 2016. City employees will receive a 1.5 percent cost of living raise for the 2013-2014 contract year and another 1 percent raise for the next contract year. AFSCME members will continue city vehicle maintenance work from 2013-2016.
However, if City Council doesn’t approve of the plan to privatize parking, city employees get nothing.
Public employees in Cincinnati have not been given raises in almost four years. Meanwhile, council voted last month to give Dohoney a 10 percent raise and a $35,000 bonus. Dohoney had not received a merit raise since 2007, but had collected cost of living adjustments and bonuses over the years.
Today is the end of the world. Whatever. Life sucks anyway.
Ohio’s unemployment rate dropped from 6.9 percent to 6.8 percent in November. Gains were concentrated in trade, transportation, and utilities, financial activities and educational and health services, with losses in construction, leisure and hospitality, government, professional and business services and information services. Overall, the state’s non-agricultural wage and salary employment increased by 1,600.
But could the recovery last? U.S. House Speaker John Boehner is now ditching efforts to avoid the fiscal cliff, a series of spending cuts and tax hikes set to kick in at the end of the year. Boehner could not get Republicans to vote on a tax hike for people making more than $1 million a year, which isn’t even enough to make President Barack Obama’s demand of increased taxes on anyone making more than $400,000. If the United States goes over the fiscal cliff, the spending cuts and tax hikes will likely devastate the economy. CityBeat wrote about U.S. Congress’ inability to focus on jobs here.
Ohio Gov. John Kasich finished the lame-duck session by signing 42 bills into law. The laws include loosened restrictions on gun control, an update to Ohio’s education rating system and $4.4 million in appropriations. The loosened gun control law in particular is getting criticized from Democrats in the wake of the Newtown, Conn., massacre. The law allows guns in the Ohio Statehouse garage, loosens concealed carry rules and changes the definition of an unloaded gun so gun owners can have loaded clips in cars as long as they are stored separately from guns. CityBeat wrote about the need for more gun control in this week’s commentary.
Hamilton County Prosecutor Joe Deters suggested arming teachers to avoid school shootings, but a considerable amount of research shows that doesn’t work. Cincinnati Police Chief James Craig says arming teachers is a bad idea: “Certainly we can look at other options, but when you talk about arming school teachers or a school administrator without the appropriate training, and training is not just going to a target range and being able to hit center mass. How do you deal with a crisis? We're talking about a place with children.” Craig is now pushing crisis training as a major initiative.
Meanwhile, Sen. Rob Portman says school shootings need a holistic approach. The Ohio Republican says he will consider further restrictions on guns and armed school officials.
It seems a housing recovery is well underway. Cincinnati home sales are showing no signs of a slowdown.
Cincinnati is getting six historic preservation tax credits from the state government. As part of the ninth round of the program, the Ohio Development Services Agency is giving the city credits for parts of Main Street, parts of East 12th Street, parts of East McMillan Street, Abington Flats, Eden Park Pump Station and Pendleton Apartments.
The U.S. Department of Education is looking into whether Ohio charter schools discriminate against students with disabilities. Overall, charter schools in the state enroll as many students with disabilities as traditional public schools, but students with disabilities are concentrated in a few charter schools.
A federal judge upheld Ohio’s exotic animal law, which restricts who can own the animals in the state.
Judith French, a Republican, will replace retiring Justice Evelyn Stratton on the Ohio Supreme Court. Gov. Kasich’s appointment of French keeps the court’s makeup of six Republicans and one Democrat.
Genetics is perfecting the Christmas tree.
From the Twilight Zone archives comes Arnold Schwarzenegger’s Christmas special.