A gay couple living in Ohio has filed a lawsuit today against the state of Ohio for failing to recognize their Maryland-certified same-sex marriage, which they claim is discriminatory because the state is required to recognize any certified heterosexual marriage from another state as valid.
Jim Obergefell and John Arthur, who suffers from amyotrophic lateral sclerosis (ALS), a progressive and disabling neurological disease that causes muscles to rapidly deteriorate, traveled to Maryland last week to officially tie the knot after remaining as partners for 20 years, reports Cincinnati.com. The trip reportedly cost nearly $13,000 for a chartered, medically-equipped plane, all of which was sourced by donations from friends and family.
Arthur, 47, is a bed-ridden hospice patient and was diagnosed with ALS in 2011.
Attorney Al Gerhardstein, who is representing Arthur and Obergefell, cites the 14th Amendment's Equal Protection clause, noting that the Supreme Court's historic overturn of DOMA has stripped states of the right to discriminate against couples who seek same-sex marriages.
"John and James were validly married in Maryland. If they were an opposite sex couple, Ohio would recognize their marriage. Being a same-sex couple is no longer a good enough reason to deny them equal rights.”
As an example, he explains that should two first cousins fall in love in the state of Ohio, they can't be wed in Ohio and have their union recognized; however, should they travel to Georgia, where marrying your first cousin is legal, they could come back to Ohio and have a recognizable union under state law, enjoying the same benefits as any other heterosexual married couple in Ohio. The same rules would follow for other stipulations prohibited under Ohio law, such as getting married underage in another state where the union would be legal.
Defense attorneys Terry Nester and Bridget Koontz were not available for comment. CityBeat will update this story with any changes.
Gerhardstein told CityBeat that the plaintiffs will go before U.S. District Court Judge Timothy Black on Monday, July 22, to ask for an expedited ruling in light of Arthur's rapidly deteriorating condition.
"Had the Supreme Court made this decision one year ago, this would have been as simple as us taking a trip because I could still walk. It's the progression for me of the ALS, it's...it's just compounded everything," he told Cincinnati.com camera crews earlier this week.
A small group of protestors from the controversial “God hates fags” church in Kansas marched outside downtown's Duke Energy Convention Center this morning to oppose another religious group holding its nationwide meeting there.
The group from the Westboro Baptist Church in Topeka, Kan., picketed the North American Christian Convention, the annual meeting of churches, colleges, institutions and missions programs associated with the Independent Christian Churches/Churches of Christ organization. About 10,000 people are expected to attend.
Independent mayoral candidate Sandra “Queen” Noble sent an F-bomb-laden email to mayoral debate organizers and Libertarian Jim Berns quit the race in protest of news that two mayoral debates hosted by The Cincinnati Enquirer and WCPO will take place after the primary election.
Under the current primary system, multiple mayoral candidates are allowed to run. But come Sept. 10, voters will select the top two contenders in a primary. Those frontrunners will then face off in a final election on Nov. 5 to pick who will take over City Hall on Dec. 1.
Noble, who’s known for being eccentric and running for public office multiple times but never being elected, began the chain of events with an explicit email.
“Fuck you man. The two motherfuckers burn,” Noble wrote in a July 30 email to mayoral debate organizers. “Queen Noble is being robbed of the elections thanks to motherfucker such as yourself seeing the future and shit. The fuck you mean debate after the election robbing primary. It's a rip off for the incumbents in it self (sic). Dirty motherfuckers are backed by dirty motherfuckers cheating the public out the best candidates so fuck you and the primary election. Queen Noble will debate now asshole.”
Berns replied in his own July 30 email, “Queen Noble is right. The September 10th Top Two Primary's only purpose is to cheat the public out of the best candidates for Mayor of Cincinnati.”
Today, Berns announced he’s withdrawing from the race in protest of the primary.
The criticism isn’t new to local politics. Berns has been vocally critical of the primary process ever since the mayoral campaigns, media outlets and other interested parties began meeting early in the year to set up the debates.
Supporters of the primary system say it helps narrow down the field so voters can better evaluate and scrutinize the frontrunners. Some also claim it positively extends the electoral process, so voters are forced to think about their choice for mayor from the primary in September to the election in November.
Berns argues the primary system favors establishment candidates, especially when media outlets fail to cover campaign events and debates prior to the primary vote. He also says the $350,000 to $400,000 it costs the city to hold the primary is a waste of money, and voters should instead choose from a full pool of candidates in November.
The criticisms are further accentuated by how media outlets cover the election, which affects how the public and organizations that endorse candidates learn about them. It’s rare a media outlet or local organization wants to
host a debate, especially a televised debate, before the primary, and
it’s even rarer the debate involves more than the two expected
But that gives the most publicity to those who lead the race from the start. Not only do the top two contenders get to participate in a televised debate, but media outlets also tend to give much more coverage to the candidates they know are going to appear on television.
This year, the expected contenders are Vice Mayor Roxanne Qualls and ex-Councilman John Cranley, two Democrats. Both have said they support the primary system, although Cranley has stated he supports moving the date so it coincides with countywide or statewide elections earlier in the year.
Cincinnati has directly elected its mayors since 2001. Since then, the primary system has been necessary twice. The other mayoral elections involved only two candidates.
Until 2001, the mayor was the City Council candidate who got the most votes.
It seems Ohio may soon get a controversial voter ID law. While speaking at a Tea Party event in Cincinnati on Monday, Secretary of State Jon Husted said the General Assembly is likely to take up a voter ID law after the November election.
“I was listening to a show one night where they talked about these onerous rules, these onerous photo ID rules and the onerous rules in Ohio on photo ID,” he said. “Well, the photo ID law in Ohio is not onerous. As a matter of fact, I suspect the General Assembly will take up a more strict version of what we have after what we’ve been through with this election process.”
Later on, an audience member commented on the issue by pointing out Ohioans can currently identify themselves with 12 different types of ID. In response, Husted clarified his position: “We need to streamline that because it’s really hard for a poll worker to know exactly what they’re supposed to be checking. And I’m quite confident the legislature is going to take that issue up.”
Under current Ohio law, voters can go to the polls with state ID cards, driver’s licenses, military IDs, utility bills, paychecks, bank statements and other forms of ID. Republicans have sometimes criticized the many options, particularly for not being state-issued and not requiring a photo.
Other states have taken up voter ID laws. Pennsylvania’s controversial law requires voters to have state-issued photo ID. A Pennsylvania court recently upheld the law, but the Pennsylvania Supreme Court vacated the decision today and asked the lower court to reconsider. The ruling from the Pennsylvania Supreme Court gives lower courts room to strike down the law.
Democrats criticize ID laws for suppressing voters. A study from researchers at the University of Chicago and Washington University in St. Louis found nearly 700,000 young, minority voters will be unable to cast a ballot due to voter ID laws. Both young and minority voters tend to side with Democrats.
Republicans say the laws are necessary to protect elections from voter fraud. However, studies suggest in-person voter fraud is not a serious, widespread issue. A News21 report, a Carnegie-Knight investigative reporting project that looked at national public records, found 10 cases of alleged in-person voter fraud since 2000. That’s less than one case a year nationwide.
Husted’s office could not be immediately reached for comment. This story will be updated if a comment becomes available.
UPDATE (4:25 P.M.): Matt McClellan, spokesperson for Husted, called CityBeat after this story was published.
"The Tea Party has generally been critical of the secretary's position on voter ID," he said, referring to Husted's past opposition of strict voter ID laws. "The comments he made at the event last night were environmental in general about what the secretary thought had been happening at the statehouse. His position, in general, is unchanged."
When pressed about what Husted meant when he advocated for "streamlining" laws, McClellan said Husted supported "simplification" of the current system. McClellan could not offer more details on what that means, and he said specifics would be up to the legislature to decide.
Chris Redfern, Ohio Democratic Party chairman, responded to Husted’s suggestions in a statement: “As if Secretary of State Husted has not done enough to undermine access to Ohio’s polls, now he’s planning a secret post-Election Day assault on what forms of identification voters can present to cast a ballot. It’s no surprise that after slashing voting access across the state, using his office for partisan advantage, and lying about Issue 2, now Husted is making plans to create obstacles for African Americans and seniors to vote.”
The Anna Louise Inn, the city of Cincinnati and Western & Southern (W&S) met for what could be the final time in court today. For the most part, both sides took their time at the Ohio First District Court of Appeals to restate past arguments.
The three-judge panel heard 15-minute arguments by both sides. It is expected to give a final decision in 30 to 45 days.
During the hearing, W&S lawyer Francis Barrett insisted that the Anna Louise Inn meets the definition of a “special assistance shelter,”rather than “transitional housing” as it was originally classified, due to the Off the Streets program, which helps women involved in prostitution turn their lives around. The difference in labels could have substantial implications for the Anna Louise Inn and whether it can go ahead with its planned $13 million renovation. However, the inn has already obtained a conditional use permit for its renovations in light of the original court decision classifying it as a special assistance shelter.
Tim Burke, lawyer for the Anna Louise Inn, rebutted by asserting that the record shows the Anna Louise Inn has never acted as a special assistance shelter. In one example, Judge Sylvia Hendon asked Burke if the Anna Louise Inn would take in a woman in the middle of the night since it is not a special assistance shelter. Burke responded by saying the Inn would turn the woman away, as required under zoning code: “She will be directed to one of the traditional homeless shelters. She is not admitted to the Anna Louise Inn. The program does not operate that way, and it never has. And the record is absolutely clear about that.”
The ongoing feud was triggered by Cincinnati Union Bethel’s (CUB) refusal to sell the Anna Louise Inn property to W&S. The company originally offered $1.8 million to buy the Anna Louise Inn in 2009. CUB declined, and it eventually obtained $12.6 million in state- and city-distributed federal funding for long-needed renovations. From that point forward, relations between CUB and W&S deteriorated, as CityBeat previously covered in detail (“Surrounded by Skyscrapers,” issue of Aug. 15)
When asked how the hearings went, Burke replied, “You never know … until you hear the decision.”
Ohioans might not give it much thought outside of paying the water bill, but better water infrastructure can make cities more efficient, healthier and cleaner. That’s why Green For All, a group that promotes clean energy initiatives, is now focusing on cleaner, greener water infrastructure.
A little-known green conference took place in Cincinnati Oct. 15-17. The Urban Water Sustainability Leadership Conference was in town on those three days, and it brought together leaders from around the U.S. to discuss sustainable water programs for cities. The conference mostly focused on policy ideas, success stories and challenges faced by modern water infrastructure.
For Green For All, attending the conference was about establishing one key element that isn’t often associated with water and sewer systems: jobs. Jeremy Hays, chief strategist for state and local initiatives at Green For All, says this was the focus for his organization.
Hays says it’s important for groups promoting better water infrastructure to include the jobs aspect of the equation. To Hays, while it’s certainly important for cities to establish cleaner and more efficient initiatives, it’s also important to get people back to work. He worries this side of water infrastructure policies are “often left out.”
He points to a report released by Green For All during last year’s conference. The report looked at how investing the $188.4 billion suggested by the Environmental Protection Agency (EPA) to manage rainwater and preserve water quality in the U.S. would translate into economic development and jobs: “We find that an investment of $188.4 billion spread equally over the next five years would generate $265.6 billion in economic activity and create close to 1.9 million jobs.”
To accomplish that robust growth and job development, the report claims infrastructure would have to mimic “natural solutions.” It would focus on green roofs, which are rooftop areas with planted vegetation; urban tree planting; rain gardens, which are areas that use vegetation to reduce storm water runoff; bioswales, which are shallow, vegetated depressions that catch rainwater and redirect it; constructed wetlands; permeable pavements, which are special pavements that allow water to pass through more easily; rainwater harvesting, which uses rain barrels and other storage devices to collect and recycle rainwater; and green alleys, which reduce paved or impervious surfaces with vegetation that reduces storm water runoff.
The report says constructing and maintaining these sorts of programs would produce massive growth, especially in comparison to other programs already supported by presidential candidates and the federal government: “Infrastructure investments create over 16 percent more jobs dollar-for-dollar than a payroll tax holiday, nearly 40 percent more jobs than an across-the-board tax cut, and over five times as many jobs as temporary business tax cuts.”
Hays says the jobs created also don’t have barriers that keep them inaccessible to what he calls “disadvantaged workers”: “A lot of these jobs that we’re focused on in infrastructure, especially green infrastructure, are much more accessible. They require some training and some skills, but not four years’ worth because it’s skills that you can get at a community college or even on the job.”
Beyond jobs, Green For All supports greener infrastructure due to its health benefits. Hays cited heat waves as one example. He says the extra plants and vegetation planted to support green infrastructure can help absorb heat that’s typically contained by cities.
Hays’ example has a lot of science to stand on. The extra heating effect in cities, known as the urban heat island effect, is caused because cities have more buildings and pavements that absorb and contain heat, more pollution that warms the air and fewer plants that enable evaporation and transpiration through a process called evapotranspiration. The EPA promotes green roofs in order to help combat the urban heat island effect.
Hays says green infrastructure also creates cleaner air because trees capture carbon dioxide and break it down to oxygen. The work of the extra trees can also help reduce global warming, although Hays cautions that the ultimate effect is probably “relatively small.”
But those are only some of the advantages Hays sees in green infrastructure. He says green infrastructure is more resilient against volatile weather events caused by global warming. With green infrastructure, storm water can be managed by systems that collect and actually utilize rainwater to harvest clean water. Even in a world without climate change, that storm water management also reduces water contamination by reducing sewer overflow caused by storm water floods, according to Hays.
However, green infrastructure is not without its problems. Hays acknowledges there are some problems with infrastructure systems that require more year-over-year maintenance: “The green and conventional approach is more cost effective over time, but the way you have to spend money is different. So we need to look at the way we finance infrastructure, and make sure we keep up with innovative technologies.”
Specifically, green infrastructure relies less on big capital investments and more on ongoing maintenance costs. Hays insists the green infrastructure saves money in the long term with efficiency and by making more use out of natural resources, and the Green For All report supports his claim. But it is more difficult to get a city or state legislator to support long-term funding than it is to get them to support big capital expenditures, Hays says.
Education is also a problem. To a lot of people, the green infrastructure on rooftops and other city areas might seem like “pocket parks,” says Hays. But these areas are nothing like parks; they are meant to absorb and collect rainwater. If the public isn’t educated properly, there could be some confusion as to why the supposed “pocket parks” are flooded so often. Providing that education is going to be another big challenge for public officials adopting green infrastructure, according to Hays.
So what, if anything, is Cincinnati doing to adopt these
technologies? In the past, city legislators have looked into rainwater
harvesting systems, but not much information is out there. On Thursday, CityBeat will talk to city officials to see how Cincinnati is moving forward.
State Sen. Bill Seitz says he’s working on a bill that would cap how much utilities can spend on energy efficiency programs and eliminate requirements for in-state wind and solar power. But the proposal isn’t completely unique to Ohio, which is just one of many states in which national conservative groups are working to weaken state energy standards.
Seitz, a Republican from Cincinnati, told Gongwer
that his bill will keep requirements for utilities to provide 25
percent of their electricity from alternative sources and reduce
customers’ consumption by 22 percent by 2025.
But the other measures will likely weaken renewable energy and efficiency standards set by Ohio’s Clean Energy Law in 2008.
The bill is presumably the result of Seitz’s review of Ohio’s energy rules, which the state senator announced earlier in the year.
FirstEnergy, an Akron-based utility company, says the review is necessary because the regulations impose too many costs. But there’s another major group involved: the American Legislative Exchange Council (ALEC).
Seitz is on the board of directors of ALEC,
a conservative group that’s gone from state to state to push legislation
that typically favors corporate interests.
Some state officials, including Ohio House Speaker William Batchelder, reportedly attended ALEC’s 40th annual meeting in Chicago Aug. 7-9.
Just a couple weeks after that meeting, Seitz announced he still intends to rework Ohio’s energy standards.
ALEC previously teamed up with the Heartland Institute, a libertarian think tank that gets much of its funding from oil companies, to write the standard for legislation that pulls back state energy rules. Many of the effort’s backers, particularly at the Heartland Institute, deny man-made global warming, even though scientists are 95 percent certain climate change is influenced by human actions.
ALEC’s efforts have so far failed in every state in which legislation has been proposed, as shown in this map from ThinkProgress:
But Ohio may be the first state to buck that trend if Seitz insists on pushing his review.
A report from advocacy group Environment Ohio found the current energy standards, which require Ohio utility companies get 12.5 percent of their energy needs from renewable sources, have successfully spurred clean
energy projects all around the state, particularly in Cincinnati.
One local example: The Cincinnati Zoo and Botanical Garden in 2011 installed solar panels in its parking lot that will generate enough electricity to meet 20 percent of the zoo’s electricity needs and reduce pollution associated with global warming by 1,775 tons annually, according to the report.
But the standards are written in a way that favors in-state sources, which was supposed to ensure that at least half of the renewable energy development spurred by the Clean Energy Law happened in Ohio. A June 2013 ruling from the Seventh Circuit Court of Appeals indicated that the in-state preference is an unconstitutional violation of the Commerce Clause.
Seitz will introduce his bill in the next two weeks.
A federal judge has ordered police to stop ticketing Occupy Cincinnati protesters after the group filed a lawsuit against the city for banning people from Piatt Park when it closes. The city has already ticketed protesters approximately $25,000.
J. Robert Linneman, one of the attorneys who filed the suit, according to Bloomberg Businessweek:
"This case is not about the whether you agree with the political views of Occupy Cincinnati or Occupy Wall Street; it's about the right of the people to assemble in a public park and to engage in protected speech."
Panelists including the parents of slain Florida teenager Trayvon Martin talked about reconciliation and turning personal suffering into power at the National and Racial Healing Town Hall at the Duke Energy Convention Center on Wednesday during the Children’s Defense Fund National Conference.
Tracy Martin, Trayvon’s father, broke down in tears as he told the story of how his son saved his life by dragging him out of their condo and calling 911 after Tracy had been badly burned in a grease fire.
“My child is my hero,” Tracy Martin said. “He saved my life. Not to be there to save his is troublesome to me.”
Trayvon Martin was shot and killed on Feb. 26 in Sanford, Fla. by neighborhood watch volunteer George Zimmerman.
Trayvon, who was black, was unarmed and shot by the white and Hispanic Zimmerman after Zimmerman pursued him in defiance of a request by a police dispatcher. Zimmerman claims the shooting was in self-defense.
Zimmerman is out on $1 million bail while awaiting trial on a charge of second degree murder.
“Nothing anyone can do will bring Trayvon back,” Tracy Martin said. “You have to take that negative and turn it into a positive. We chose to keep our son's name alive and not let his death be in vain.”
The town hall-style meeting was kicked off by poet and author Maya Angelou. She urged the hundreds of people in attendance, mostly young and black, to demand justice for Trayvon — referring to Zimmerman as “the brute” — but “that means we don’t become poisoned by hate.”
Angelou wasn’t the only one who urged against hate.
Black historian and civil rights activist Vincent Harding, who celebrated his 81st birthday on Wednesday, issued a challenge to the youth in attendance:
“Are you ready to fight for the healing of George Zimmerman and all the George Zimmermans of America? Are you up to that?” he asked.
“This country has no chance unless they are healed.”
The panel was made up of social activists, many of whom had lost friends and family to violence or bigotry, but whose pain prompted activism instead of retaliation — panelists such as The Rev. Ronald and Kim Odom, who lost a son to gun violence but volunteer in intervention and outreach programs; Clemmie Greenlee, a former prostitute and gang member who formed a peacemaking organization to work with gang members after her son was killed; and Ndume Olatushani, a former prisoner who was released in June after 19 years on death row after being falsely convicted of murdering a Tennessee shopkeeper.
The younger members of the audience were encouraged to ask questions after the panel presentation. Teenagers and young adults from as far as Tennessee, North Carolina and Minnesota asked questions about dismantling the system of racial oppression, overcoming odds stacked against young minorities and having society see past an old felony conviction.
The panelists all tried to offer encouragement, while urging the younger generation to continue to try to fight to make things better.
“When you look at the odds, it’s so horrific for a young minority American, you say ‘why even try, why even bother?’ ” said Benjamin Crump, a civil rights attorney who is representing Trayvon’s mother Sabryna Fulton. “But the reason you try and you bother, there is so many examples where we beat the odds every day and nobody even know about it or talked about it.”
“It goes back to you and saying, ‘I am going to make something of myself. I don’t care about the statistics, I don’t care about the odds.’ … You say, ‘well, if it’s one out of a million, I’m going to be that one.’”