The Cincinnati-based 6th Circuit U.S. Court of Appeals yesterday upheld laws banning same-sex marriage in Ohio, Kentucky, Michigan and Tennessee.
The 2-1 decision covers six cases in those four states brought by a total of 16 couples. Among them are Cincinnati residents Brittani Henry-Rogers and Brittni Rogers, who are fighting so both can be listed as parents on their son’s birth certificate. James Obergefell of Cincinnati is also involved, asking courts for the right to be listed on his husband Jim Arthur’s death certificate. Earlier, a lower district court found in their favor.
“We just want to be treated as a family, because we are a family,” Henry-Rogers said in an August interview after the 6th Circuit hearings.
Justices Deborah Cook and Jeffery Sutton ruled that the debate over same-sex marriage is best decided by voters, not by the court. Justice Martha Daughtrey dissented.
“When the courts do not let the people resolve new social issues like this one, they perpetuate the idea that the heroes in these change events are judges and lawyers,” Sutton wrote in the majority opinion. “Better in this instance, we think, to allow change through the customary political processes, in which the people, gay and straight alike, become the heroes of their own stories by meeting each other not as adversaries in a court system but as fellow citizens seeking to resolve a new social issue in a fair-minded way."
The case is a somewhat surprising setback for same-sex marriage advocates, who had been on a winning streak in federal courts. The 4th, 7th, 9th and 10th Circuit Courts have previously struck down laws in a number of states banning same-sex marriage. Gay marriage is now legal in 32 states and the District of Columbia.
"This decision is an outlier that’s incompatible with the 50 other rulings that uphold fairness for all families, as well as with the Supreme Court’s decision to let marriage equality rulings stand in Indiana, Wisconsin, Utah, Oklahoma and Virginia,” said American Civil Liberties Union attorney Chase Strangio in a statement yesterday. “It is shameful and wrong that John Arthur’s death certificate may have to be revised to list him as single and erase his husband’s name as his surviving spouse.”
Ohio Attorney General Mike DeWine represented the state in the case. His office said in a statement it was "pleased the court agreed with our arguments that important issues such
as these should be determined through the democratic process."
The decision leaves intact Ohio’s 2004 constitutional amendment banning same-sex marriage, at least for now. That’s created a split in federal court rulings among various circuit courts, something the Supreme Court will most likely have to sort out. Some legal experts think the Supreme Court will ultimately find same-sex marriage bans unconstitutional under the 14th Amendment. The court has refused to hear appeals to lower court decisions striking down bans, leading many to think a majority of the court supports legalization.
Strangio said the ACLU will be filing for Supreme Court consideration. Attorney Al Gerhardstein, who represents the Ohio couples, has said he will be working to bring the case to the nation's highest court as well. Other advocacy organizations have also vowed to continue the fight.
“Now, more than ever before, the Supreme Court of the United States must take up the issue and decide once and for all whether the Constitution allows for such blatant discrimination,” said Human Rights Coalition President Chad Griffin. “We believe that justice and equality will prevail.”
In-person early voting is underway in Ohio. Find your nearest polling booth here.Josh Mandel, state treasurer and Republican U.S. senatorial candidate for Ohio, is denying he physically confronted a campaign tracker. According to Mandel, the tracker approached and confronted him, not the other way around. But the video of the confrontation shows Mandel approaching and getting really close to the tracker first. Ohio Democrats, who said Mandel’s campaign is a “campaign of unending dishonesty,” were quick to jump on another example of Mandel possibly being dishonest. CityBeat covered Mandel’s notorious dishonesty here. Mandel is running against Democratic incumbent Sen. Sherrod Brown.
Michelle Obama was in town yesterday. She spoke to a crowd of 6,800, asking them to take part in Ohio’s early voting process and encourage friends and family to do the same.
Grocery store competition could soon be bringing lower prices to the Greater Cincinnati area, according to analysts.
JobsOhio chief Mark Kvamme is stepping down. The high-profile venture capitalist, who was originally from California, was originally recruited by Gov. John Kasich to lead the Ohio Department of Development. But soon Kvamme hopped onto JobsOhio, a nonprofit company established by Kasich and the state legislature to bring investment into Ohio. Under Kvamme’s leadership, JobsOhio, which is supposed to replace the Department of Development, has brought in 400 companies to invest in Ohio, leading to $6.1 billion in capital investment, according to a press release. But the nonprofit company has been heavily criticized by liberal groups like Progress Ohio, which say JobsOhio is unconstitutional. Lower courts have generally legitimized Progress Ohio’s claims, but the Ohio Supreme Court recently turned down a case dealing with JobsOhio. The court said a lower court would have to give a declaratory judgment first.
William O’Neill, former judge and Democratic candidate for the Ohio Supreme Court, is asking Republican justices Robert Cupp and Terrence O’Donnell to “recuse or refuse.” O’Neill says the Republican justices are sitting on cases that involve FirstEnergy, an Akron-based energy company that has contributed to the re-election campaigns of Cupp and O’Donnell. O’Neill says the conflict of interest diminishes faith in the highest court of Ohio’s justice system.
A new study on Taser use in Hamilton County found local law enforcement have some problematic policies on the books and in practice. The study was put together by a local law firm that’s demanding policy reform.
Americans United for Life (AUL) is celebrating a federal court ruling against Planned Parenthood that maintains Ohio regulations on an abortion drug. The regulations require physicians to administer the drug in a clinic or physician’s office, and the drug may only be taken within 49 days of gestation. AUL says health groups like Planned Parenthood want to avoid sound health regulations, but Planned Parenthood argues the regulations make it too difficult for women to use the drug.
Natalie Portman is in a new commercial in support of President Barack Obama. In the ad, she touts Obama’s support of women’s rights.
It seems most Americans are avoiding or can’t afford as many trips to the doctor as before.
One of the most lucrative criminal enterprises in the world is wood.
It turns out the vampire squid is not a lethal ocean predator. Still, who wouldn't run away from that?
Homeless advocates gathered in front of the Hamilton County Courthouse on Wednesday to speak out against the county sheriff’s attempts to evict homeless people sleeping at the courthouse and Hamilton County Justice Center with the threat of jail time.
The press conference came on the same day that four local homeless filed a lawsuit in federal court claiming Hamilton County Sheriff Jim Neil’s new policy is cruel and unusual because it punishes people for being homeless.
Charmaine McGuffey, head of the Hamilton County Justice Department, says the policy is necessary to address a public health issue. She explains that every morning county officials are forced to clean up urine and feces left by the homeless the night before, and often the county doesn’t have the resources to completely disinfect the areas.
Josh Spring, executive director of the Greater Cincinnati Homeless Coalition, says county officials should stop using taxpayer money to address public defecation and focus on the state of the economy. He’s asking locals to tell county officials, “I want my government to invest in jobs and housing, not in pushing people to the margins.”
If the policy remains, Spring says the county could at least compromise and hold enforcement until the winter shelter opens, which would provide another housing opportunity for many of the homeless people who currently rely on county buildings for a safe spot to sleep.
McGuffey says the current timeline for the winter shelter opening — two months — is too much time to wait for what she describes as a public health issue. She says it’s also unclear whether local organizations, which are still gathering funds for the shelter, will have enough money to open it.
At the press conference, Spring was joined by several homeless people who shared their experiences. All the speakers echoed a similar theme: They’re not homeless by choice, and they only sleep on county property because it’s much safer than the alternatives, such as alleys and abandoned buildings.
McGuffey insists no one is trying to demonize homeless people. She says officers try to link homeless people with local human services when possible. Some of that outreach is already underway through trained officers and neighborhood liaisons, and starting next week the county will bring in a trained mental health professional to act as an advocate and outreach coordinator.
But if help can’t be found, McGuffey says officers have to threaten arrest to invoke a “sense of immediacy” or homeless people might never leave the properties and the public health issue would go unaddressed.
So far, the sheriff’s office sees the program as successful. Over the past four weeks, it’s brought down the amount of homeless people camping out at the Hamilton County Courthouse and Justice Center each night from 40 to 12, according to McGuffey. She says the reductions exemplify people who were redirected to human services, but there’s no hard evidence showing those people actually got help or whether the reduction is temporary.
Spring says there aren’t enough human services to get all of the city’s homeless help. That, he claims, is the real problem that needs local officials’ attention.
Over the past decade, City Council fell far short of its funding goal for human services,
which aid homeless and low-income Cincinnatians.
candidates, including Chris Seelbach, Greg Landsman and Mike Moroski,
say increasing human services funding to 1 percent of the operating budget will be a
priority for them over the next few years. The increase would represent an
improvement, but it would still fall short of the city’s 1.5 percent goal.
Meanwhile, Strategies to End Homelessness aims to reduce homelessness in Hamilton County from more than 7,000 to roughly 3,500 over the next five years through an initiative backed by the city and county.
As part of Homelessness Awareness Month, Spring and other
advocates will march in support of homeless causes later this month. The
march will begin at 3 p.m. on Oct. 26 at 1300 Vine St. in Over-the-Rhine.
News junkies probably heard about the warnings issued by Cincinnati City Hall this week, reminding citizens of its “ticket amnesty” program: Anyone with unpaid parking tickets should pay now or possibly have their vehicles impounded by police.
What City Hall didn't announce was that as of last month, 429 of the nearly 62,000 unpaid parking tickets were issued to municipal employees — including some cops and firefighters.
The city of Cincinnati and its largest city employees union have reached a deal regarding the privatization of the city’s parking assets. Under the deal’s terms, the city will give raises and not lay off anyone for three years, but only if the city’s parking assets are privatized. However, the head of a Clifton community group is still not happy with the privatization plan. He says the plan is bad for business because it limits the amount of affordable parking in the area. But would laying off 344 city employees be better for business?
The identity of the Miami University student who put up
the infamous “Top Ten Ways to Get Away with Rape” flier may soon be revealed. The Ohio Supreme Court
will decide by Dec. 14 whether the case should be unsealed and open to public view. Robert Lyons, the Butler County part-time judge who sealed the case, has faced scrutiny in the past few months for conflicts of interest regarding drinking-and-driving cases.
Revenue from casinos in Toledo and Cleveland is dropping. The numbers paint a bad picture for Cincinnati and Hamilton County officials expecting budget problems to be solved by casino revenue.
A proposal mandating drug testing for welfare recipients in Ohio resurfaced last week. Republican legislators claim the requirement will save the state money, but a similar proposal in Florida added to budget woes as the state was forced to pay for drug tests.
Ohio’s ultra-wealthy population is growing. About 1,330 Ohioans are worth $30 million or more, an increase of 2 percent since 2011, according to a report from Wealth-X. The news could shape Gov. John Kasich’s plan to cut the income tax using revenue from a higher oil-and-gas severance tax, perhaps encouraging state officials to make the cut more progressive.
Gov. Kasich is ending the practice of giving so many tax credits to keep businesses in Ohio. The move could potentially cost the state jobs as businesses move to other areas with bigger, better incentives, but state officials and the business community don’t seem too worried for now.
If the Ohio government agencies were forced to cut their budgets by 10 percent, the results would not be pretty. The Ohio Department of Rehabilitation and Correction would have to close prisons, and the Ohio Department of Natural Resources would have a tougher time enforcing new regulations on fracking.
Ohio’s exotic animal law is facing a challenge in federal court today. Exotic animal owners claim the law violates their First Amendment and property rights by forcing them to join private associations and give up their animals without compensation. They also do not like the provision that requires microchips be implanted into the animals. The Humane Society of the United States is defending the law, which was passed after a man released 56 exotic animals and killed himself in 2011.
An Ohio court said a business tax on fuel sales must be used on road projects.
Ohio gas prices are still dropping.
The cure for leukemia could be a modified version of the AIDS virus.
Hoping to take advantage of a recent federal court ruling in Kentucky, the Ohio Democratic Party joined a lawsuit filed today that seeks to abolish the restrictions imposed on judicial candidates in Ohio.
The Sixth U.S. Circuit Court of Appeals this month struck down the rules used in Kentucky for electing judges, stating they violated the judicial candidates’ First Amendment right to freedom of speech. The rules prohibited candidates from listing their party affiliation on the ballot, or to directly solicit campaign contributions.
Amid increasing right-wing bellowing about illegal immigrants, Ohio's top elections official is defending the practice of providing bilingual ballots.
Ohio Secretary of State Jennifer Brunner has released a video, “Bilingual Ballots: A Human Perspective,” that interviews people of Puerto Rican descent in Cuyahoga County.
Cincinnati officials today released an updated list of City Hall employees who have unpaid parking tickets, and the list includes members of the Police and Fire departments.
A total of 311 municipal employees have delinquent parking tickets, totaling $30,662 in unpaid fines, as of May 4th. That amounts to about 0.25 percent of the total amount of delinquent tickets, said a city spokeswoman.