A federal court in Cincinnati could get another chance to advance LGBT rights if it takes up a lawsuit filed Monday that calls on Ohio to recognize the names of married same-sex parents on their adopted children’s birth certificates.
Civil rights attorney Alphonse Gerhardstein filed the lawsuit on behalf of four same-sex couples who married outside the state and an adoption agency that helped one of the couples adopt a child in Ohio.
“Birth certificates are the primary identity document in our society,” Gerhardstein’s firm explained in a statement. “Birth certificates tell the child, ‘these adults are your parents,’ and tell the community that these adults and children are a family. Medical care, access to schools, travel and release of information are all easily accomplished with birth certificates and are constantly burdened without accurate birth certificates. Forcing families to accept incorrect birth certificates imposes life-long harms and is a direct attack on family dignity.”
Although opponents of LGBT rights contend that allowing same-sex couples to adopt could hurt children, the research suggests otherwise.
A Boston University meta-analysis released in March found “children's well-being is affected much more by their relationships with their parents, their parents’ sense of competence and security, and the presence of social and economic support for the family than by the gender or the sexual orientation of their parents.” Possibly harmful factors found in the study instead include widespread discrimination and the parents’ limited rights, neither of which can be blamed on same-sex couples.
The complaint filed Monday comes on the heels of recent rulings that advanced same-sex rights in Ohio and across the country.
U.S. District Court Judge Timothy Black on Dec. 23 cited constitutional grounds to force state officials to recognize same-sex marriages on death certificates. That case came about after a same-sex couple in Cincinnati filed for recognition. The Republican-controlled state government, defended by Attorney General Mike DeWine, is appealing the ruling.
That ruling followed a June 26 decision from the U.S. Supreme Court that effectively struck down the federal Defense of Marriage Act and requires the federal government to recognize some same-sex marriages.
In enforcing the ruling, President Barack Obama’s administration on Monday plans to grant sweeping equal protections to married same-sex couples around the country, even those who reside in states where same-sex marriage remains illegal. The Justice Department’s decision applies to courthouse proceedings, prison visits and the compensation of public safety officers’ surviving spouses, among other areas.
At the state level, FreedomOhio is working to get same-sex marriage on the ballot this year. The campaign is facing some resistance from other LGBT groups, but FreedomOhio says it already has the petition signatures required to put the issue to a vote in November.
The full complaint:
A national organization is looking at Ohio’s LGBT community as a potential target for a nationwide campaign that will raise awareness about the Affordable Care Act’s (“Obamacare”) enacted changes and benefits.
Kellan Baker, founder of Out 2 Enroll and associate director of LGBT Health Policy at the Center for American Progress, explains the campaign is crucial for Ohio and other parts of the country because gay, lesbian, bisexual and particularly transgendered groups are often uninsured at greater levels than the rest of the population — both because of poorly targeted outreach efforts and outright discrimination.
“We’re hoping to provide the tools that these systems need to see where LGBT people are and include them in these efforts so LGBT community members can get the benefits that they need,” Baker says.
To accomplish that, Baker’s team is using data collected through focus groups and other research to establish messages that will resonate with LGBT communities and land in hotspots in which the groups are active.
Some of the messaging is as simple as putting pictures of gay couples on brochures. Other times, it will involve reaching deep into specific LGBT circles and social media — perhaps even Grindr, the popular phone application that gay men use to arrange dates and other sexual activities.
In its messaging, Out 2 Enroll will tout the potential benefits of Obamacare: tax subsidies, online marketplaces that will allow participants to compare insurance plans and new regulations that protect LGBT groups from discrimination in the health care and insurance industries.
Baker says the efforts could be particularly critical for transgendered individuals. According to focus groups conducted by PerryUndem Research & Communication, the transgendered population has generally felt misunderstood and discriminated against when trying to obtain health insurance. Complaints about intrusive, inappropriate questions and being misgendered were fairly common.
In some cases, the discrimination wasn’t subtle. Until new regulations were enacted through Obamacare, insurance companies were able to withhold some medical services and refuse coverage altogether by treating gender identity issues as a pre-existing condition.
Gays, lesbians and bisexuals have faced their own discrimination as well: The focus groups found one in three respondents in a same-sex relationship tried to get partner coverage through an employer plan; of those, 50 percent had trouble getting partner coverage and 72 percent felt discriminated against during the process.
Baker explains that helping with many of these cases could be as simple as raising awareness about Obamacare’s LGBT benefits. Although 64 percent of respondents in the focus groups knew about Obamacare’s mandate to obtain health insurance, 71 percent had not heard about new coverage options made available through the federal law.
To reverse the statistical trend and ensure Obamacare’s success, Baker says Out 2 Enroll and other groups partnering with Enroll America will have to target critical enrollment areas with large uninsured populations, including Ohio.
A recent analysis from the Health Foundation of Greater Cincinnati put Ohio’s population of uninsured working-age Ohioans at 1.25 million.
The outreach campaign will mostly play out in the next six months, as online marketplaces open for enrollment on Oct. 1 and remain open until April.
The city aced categories for its relationship with the LGBT community, law enforcement and non-discrimination laws, which ban employment, housing and public accommodation discrimination based on sexual orientation and gender identity. It also fared well with municipal services and opportunities provided to city workers.
The index also gave Cincinnati various bonus points, including three for the election of Councilman Chris Seelbach, the city’s first openly gay elected official.
But the city was docked for failing to recognize LGBT relationships through a domestic partner registry. Seelbach told CityBeat last week that establishing a registry will be one of his priorities in his upcoming four-year term.
This year, establishing a domestic partner registry would have been enough to give Cincinnati a perfect overall score in the Municipal Equality Index — a strong upward shift from the 77 out of 100 the city received in 2012.
The 90 out of 100 was enough to place Cincinnati in the top 25 percent of cities. The top 10 percent got a 96 or higher, and 25 of 291 cities got perfect scores in 2013.
The speaker of the Ohio House is asking a local state representative to resign after he was indicted on 16 counts of fraud. State Rep. Peter Beck, a Mason Republican, already faces a maximum of 43 years in prison if he’s convicted on all the counts, but Ohio Attorney General Mike DeWine says the ongoing investigation might produce more charges. The charges are a result of Beck’s alleged actions involving an Ohio software company called Christopher Technologies, which investors claim bilked them out of $200,000.Claiming discrimination, a newlywed same-sex couple is suing the state of Ohio for failing to recognize their marriage. Jim Obergefell and John Arthur were married in Maryland, but the couple lives in Cincinnati, Ohio, where same-sex marriage is banned by the state constitution. The couple’s attorney claims the state should be forced to recognize the marriage because of Fourteenth Amendment protections extended to gay couples by the Supreme Court’s recent ruling on the Defense of Marriage Act (DOMA). Arthur was diagnosed in 2011 with amyotrophic lateral sclerosis (ALS), a neurological disease that causes muscles to rapidly deteriorate, and he’s currently bedridden as a result. Given Arthur’s health, the couple will argue for an expedited ruling at a hearing at 1:30 p.m. today in front of U.S. District Court Judge Timothy Black.
The Buckeye Firearms Association is raising money to buy a gun for George Zimmerman, who was acquitted of second-degree murder in the murder trial of black 17-year-old Trayvon Martin. Zimmerman’s gun is currently being held by the U.S. Department of Justice as it investigates further charges.
Councilman P.G. Sittenfeld and 100 members of the Children’s Defense Fund will meet at Washington Park at 1 p.m. today to rally against gun violence in Cincinnati. The group plans to march to City Hall, where they will listen to students’ suggestions for making the city a safer place to visit and reside.
A state representative introduced a bill that would allow some public university students to forgo traditional tuition and instead pay for their college education through a percent of their income for 24 years after they graduate.
An Ohio health aide is being sent to prison for Medicaid fraud.
Ohio gas prices are down this week.
In a desperate bid to save the endangered Sumatran rhino, the Cincinnati Zoo is attempting to breed a brother and sister.
If you think the recent heat has been bad, Popular Science has a humbling list of the 10 worst places to live in the universe.
Ohio death row inmate Billy Slagle, who was scheduled to be executed on Aug. 7 was found hanged in his cell on Sunday.
Slagle, who fatally stabbed his neighbor 17 times in 1987, was recently denied clemency by Gov. John Kasich, despite a rare request from prosecutors to have his death sentence commuted to life in prison. CityBeat last week covered the situation here.
The restraining order granted last month to Jim Obergefell and John Arthur, the gay Ohio couple who in July flew to Maryland to officially tie the knot after 20 years of marriage, is set to expire today, meaning the judge overseeing the case must either renew the restraining order or issue a preliminary injunction. Arthur, who suffers from debilitating ALS, a neurological disease, is not expected to live much longer, which is why the two are fighting for their marriage to be recognized in their home state; in the case of Arthur’s death, Obergefell wants to be rightfully listed as his “surviving spouse.”
The first in-vitro hamburger, made of edible beef cells without actually killing a cow, was served today in London. According to food experts, the mouthfeel is similar to a conventional hamburger, but the traditional fatty flavor is still lacking.
A pool of mosquitoes in Dayton's Wegerzyn Gardens MetroPark has tested positive for the West Nile virus, the first in the region this season.
Two Pennsylvania children have been prevented from discussing fracking for the rest of their lives under the terms of a gag order issued to their family in a settlement from drilling company Range Resources, who offered the children's family $750,000 to relocate from their fracking-polluted home, where they suffered from "burning eyes, sore throats, headaches and earaches" and other ailments as a result of their proximity to Range's drilling.
It's Shark Week, y'all.
A federal judge ruled that a state death certificate must recognize the marriage of a newlywed same-sex couple, but the order only applies to James Obergefell and John Arthur. It’s the first time a same-sex marriage is recognized in Ohio. The two men had the case expedited because Arthur is suffering from amyotrophic lateral sclerosis, a deadly neurological disease with no known cure. Al Gerhardstein, the attorney for the two husbands, says the ruling could be the beginning of legal challenges from gay couples inspired by the Supreme Court’s ruling against the federal Defense of Marriage Act (DOMA), which could put further pressure on Ohio to legalize same-sex marriage. CityBeat covered ongoing efforts to legalize gay marriage in the state here, although the group in charge of the movement is now aiming to put the issue on the ballot in 2014, not 2013 as originally planned.
Vice Mayor Roxanne Qualls in a statement called the tea party-backed charter amendment that would revamp the city’s pension system “a wolf in sheep's clothing.” She is also requesting the city administration study the amendment’s consequences and report back to City Council’s Budget and Finance Committee on Aug. 5. The amendment would funnel new hires into a private retirement plan similar to what’s typically found in the private sector — except, unlike private-sector workers, city employees don’t pay into Social Security and don’t collect Social Security benefits from their years with the city. The amendment was announced less than a week after Moody’s, a credit ratings agency, downgraded Cincinnati’s bond rating in part because of the city’s increasing pension liability.
A poll analysis from the Health Foundation of Greater Cincinnati suggests more than 1.25 million Ohioans are uninsured, with about 17 percent of the working-age population lacking insurance. It also found that Ohioans are increasingly reliant on public programs to obtain health benefits. The analysis looked at the Health Foundation’s 2013 Ohio Health Issues Poll. The results could spur further efforts to expand Medicaid eligibility in the state, which the Health Policy Institute of Ohio previously found would save the state money and insure nearly half a million Ohioans over the next decade. Republican legislators rejected the Medicaid expansion in the state budget, citing concerns that the federal government wouldn’t be able to uphold its 90-percent funding commitment.
Gov. John Kasich wants to fast track the I-71/MLK Interchange in part by using revenue from the Ohio Turnpike’s tolls. Kasich’s recommendations, which must be approved by the state’s Transportation Review Advisory Council, add up to $107.7 million in state funds.
State Rep. Peter Beck, a Mason Republican who’s facing 16 felony charges of fraud, won’t resign his seat.
Twenty-eight people have applied to become Cincinnati’s next police chief. With a recent uptick in violence, many have called on the city to expedite the process of replacing James Craig, the former police chief who left for Detroit earlier in the year.
Despite rising interest rates, Cincinnati-area home sales in June continued their strong trend up.
For-profit entities are opening more online schools in Ohio, with the process set by state legislators to shut out public educators. A previous investigation by CityBeat found online schools tend to do worse and cost more than their peers.
The city administration and social media network Nextdoor are partnering up to better link Cincinnati’s neighborhoods with the local government. The network will provide a free website for each of the city’s neighborhoods, which the city says will allow residents to “to get to know their neighbors, ask questions and exchange local advice and recommendations.” City officials plan to use the websites to regularly reach out to local citizens.
Computer software from the Massachusetts Institute of Technology could make the Internet three times faster.
It’s legal in most of Ohio for an employer to fire someone over his or her sexual orientation, but a new bipartisan bill being pushed by Equality Ohio could make the practice and anti-LGBT discrimination for housing illegal. Critics of the Equal Housing and Employment Act argue it could lead to a flood of lawsuits against companies, but Equality Ohio argues that just hasn’t happened in other states that passed nondiscrimination statutes. The bill’s Democratic and Republican sponsors argue that it would actually grow the economy by making Ohio more inclusive, which would make it easier to keep “the best and the brightest” employees. The bill was introduced in May and its sponsors expect it to be taken up after the General Assembly reconvenes in October.
In the United States, Ohio’s power plants pollute more than all but Texas’ power plants, making Ohio one of the nation’s leading contributors to global warming, according to a Sept. 10 report from advocacy group Environment Ohio. The report calls for all levels of government to create and enforce stronger standards and regulations to curtail pollution and encourage cleaner forms of energy. National conservative groups oppose the stricter rules; they flat-out deny human-caused global warming despite the nearly unanimous scientific consensus that it’s at least partly caused by human actions. Some companies also argue efficiency standards impose too many costs on businesses and customers.
Cincinnati officials apparently expected Pure Romance to get tax credits from Ohio. But the state ultimately refused to grant the credits, which are regularly given to firms for job creation. Now the company, along with its $100 million in annual revenues, is considering moving across the river to Covington, Ky. Ohio officials won’t clarify why Pure Romance’s request was refused, but the company suspects it’s because its product lineup includes sex toys, which could have been politically embarrassing for Gov. John Kasich’s administration.
Following the Sept. 10 mayoral primary’s historically low voter turnout, the Charter Committee, Cincinnati’s unofficial third political party, is supporting efforts to reform how the city elects its mayors. “It is absurd that taxpayers paid $400,000 for a primary yesterday that few people voted in, and that decided very little,” said Mike Goldman, convener of the Charter Committee, in a statement. Voter turnout for the Sept. 10 mayoral primary was a dismal 5.68 percent, much lower than the 15 percent that turned out for the primary held on Sept. 11, 2001 — the day of the terrorist attacks on the World Trade Center and Pentagon — and the 21 percent of voters that participated in the 2005 primary.
A City Council motion could strip council members’ support
for a controversial permanent supportive housing facility in Avondale.
The proposed facility, Commons at Alaska, would be a 99-unit housing
facility with residency and supportive services for the homeless,
particularly those with mental health issues, physical disabilities and
histories of substance abuse. Several Avondale residents are concerned
the facility would further deteriorate an already-blighted community. CityBeat covered the dispute in further detail here.
Cincinnati Public Schools is asking the state to force the Emery Center, home of the embattled Emery Theatre, to pay taxes. The property taxes could produce $130,000 a year for CPS, which the school district says it needs because local property taxes make up more of its funding than the typical urban district in Ohio. The Emery Center was originally tax exempt under a plan that used the ground floor for education purposes and a renovated Emery Theatre for community events. But neither happened; the ground floor is currently used by the Coffee Emporium, and the theater currently isn’t being renovated or used.
A judge ordered Duke Energy to destroy or return a memo that was apparently embarrassing for Cincinnati officials because the memo, which was sent by the city’s Law Department to the city manager, was supposed to remain private under attorney-client privilege. Duke wanted to use the memo in its current case against the city. The city and Duke are in court as part of an agreement between the two entities to legally settle who has to pay for moving utility lines to accommodate for the streetcar project.
The Ohio Department of Insurance hasn’t received any applications or certified individuals for Obamacare’s formal outreach effort. The “navigators,” as officials call them, are a crucial part of Obamacare because they’re supposed to promote the law’s benefits to ensure the federal government meets its health insurance enrollment goals to keep costs down. Health care advocates claim the lag is driven by federal training requirements and a state law enacted in July. The state law made it so some groups, including Cincinnati Children’s Hospital Medical Center, can no longer participate in the navigator program, as CityBeat covered in further detail here.
Debe Terhar, the president of Ohio Board of Education, wants Toni Morrison’s novel The Bluest Eye removed from the state’s Common Core education standards because the book contains a rape scene. Terhar called the book “pornographic” at a Sept. 10 Board of Education meeting. But Terhar clarified that she doesn’t want to ban the book, and she would still allow different school districts keep it in their curriculums.
State Auditor Dave Yost says Ohio’s cities and counties need to do a better job complying with public record requests. A sampling of 20 cities and counties found eight, or 40 percent, had weaknesses in compliance. The most common problem was inadequate measures to track public record requests.
The Cincinnati area’s largest mall is up for sale for $45 million. The struggling mall has gone through several names over the years: Forest Fair Village, Cincinnati Mall, Cincinnati Mills and Forest Fair Mall.
Orangutans apparently announce their travel plans a day in advance.
Universal preschool could save Cincinnati $48-$69.1 million in the first two to three years by ensuring children get through school with less problems and costs to taxpayers, according to a University of Cincinnati Economics Center study. The public benefits echo findings in other cities and states, where studies found expanded preschool programs generate benefit-cost ratios ranging from 4-to-1 to 16-to-1 for society at large. For Cincinnati and preschool advocates, the question now is how the city could pay for universal preschool for the city’s three- and four-year-olds. CityBeat covered universal preschool in further detail here.
Cincinnati leaders intend to adopt a domestic partner registry that would grant legal recognition to same-sex couples in the city. Councilman Chris Seelbach’s office says the proposal would particularly benefit gays and lesbians working at small businesses, which often don’t have the resources to verify legally unrecognized relationships. Seelbach’s office says the registry will have two major requirements: Same-sex couples will need to pay a $45 fee and prove strong financial interdependency. In a motion, the mayor and a supermajority of City Council ask the city administration to structure a plan that meets the criteria; Seelbach’s office expects the full proposal to come back to council in the coming months.
Mayor John Cranley plans to take a sweeping approach to boosting minority inclusion in Cincinnati, including the establishment of an Office of Minority Inclusion. The proposal from Cranley asks the city administration to draft a plan for the office, benchmark inclusion best practices and identify minority- and women-owned suppliers that could reduce costs for the city. The proposal comes the week after Cranley announced city contracting goals of 12 percent for women-owned businesses and 15 percent for black-owned businesses.
Ohio Secretary of State Jon Husted eliminated early voting on Sundays with a directive issued yesterday. Husted’s directive is just the latest effort from Republicans to reduce early voting opportunities. Democrats say the Republican plans are voter suppression, while Republicans argue the policies are needed to establish uniform early voting hours across the state and save counties money on running elections.
The Butler County Common Pleas Court ruled Tuesday that the village of New Miami must stop using speed cameras. Judge Michael Sage voiced concerns about the administrative hearing process the village used to allow motorists to protest or appeal tickets.
The first shark ray pups born in captivity all died at the Newport Aquarium.Rising home prices might lead to more babies for homeowners.
A seven-member legislative board yesterday accepted federal funding made available through Obamacare to expand Ohio’s Medicaid program to cover more low-income Ohioans for the next two years. Gov. John Kasich went through the Controlling Board, an obscure panel that typically handles less contentious budget issues, to get the federally funded Medicaid expansion after months of failing to convince his fellow Republicans to back the policy in the Ohio House and Senate. Most Republican state representatives, including local Reps. Lou Terhar, Louis Blessing and Peter Stautberg, signed a letter in protest of the tactic, and some groups are already discussing lawsuits. The Health Policy Institute of Ohio previously found the expansion would insure between 300,000 and 400,000 Ohioans through fiscal year 2015. If legislators approve the expansion beyond that, the institute says it would generate $1.8 billion for Ohio and insure nearly half a million Ohioans over the next decade.
John Arthur, the Cincinnati man who helped lead a legal battle for same-sex marriage in Ohio, died today at the age of 48. Arthur was diagnosed with amyotrophic lateral sclerosis in 2011, and the fatal neurodegenerative disease pushed Arthur and his partner Jim Obergefell to hasten their battle for LGBT equality and recognition in the eyes of the law. After the couple married in Maryland, they sued the state to recognize their marriage on Arthur’s death certificate — a request granted in July by U.S. District Court Judge Timothy Black, less than one month after the U.S. Supreme Court struck down the federal Defense of Marriage Act, which previously barred same-sex marriages at the federal level.
The 18-month legal battle over the 2010 juvenile court election between Juvenile Court Judge Tracie Hunter and the Hamilton County Board of Elections will cost the county more than $920,000. Hunter, a Democrat, ultimately won the lawsuit and recount. Her 2010 opponent, Republican John Williams, eventually got another seat in the juvenile court through an appointment and subsequent election.
Teen drivers remain one of Ohio’s most at-risk groups for traffic accidents, according to the Ohio State Highway Patrol (OSHP). Between 2010 and 2012, teen drivers were at fault for nearly 101,000 accidents resulting in more than 44,000 injuries and 299 deaths. In total, teens were responsible for roughly 10 percent of fatal crashes. To address the issue, OSHP is advising teen drivers and their parents on safety basics, such as following the speed limit and wearing a seatbelt, and promising to encourage better behavior through enforcement.
Speaking to investors on Friday, Caesar’s Entertainment, the operator of Cincinnati’s Horseshoe Casino, disclosed the details of a federal money-laundering investigation and said it previously withdrew a request for a gaming license in Massachusetts after investigators there questioned past business practices. Ohio officials reportedly told WCPO they’re reviewing the investigations.
In September, Cincinnati year-over-year home sales increased for the 27th consecutive month.
Cincinnati’s Spring Grove Cemetery removed a SpongeBob SquarePants headstone for an Iraq War veteran because officials deemed it inappropriate.
The Cincinnati Reds will replace former manager Dusty Baker with pitching coach Bryan Price, reports The Cincinnati Enquirer.
A new study found no known species matches the expected profile of a shared ancestor for humans and Neanderthals.
Early voting for the 2013 City Council and mayoral elections is now underway. Find your voting location here. Normal voting hours are 8 a.m. to 4 p.m., although some days are extended.
On Oct. 29, local residents will be able to give feedback to Cincinnati officials about the city budget — and also nab some free pizza. The open budgeting event is from 6 p.m. to 8:30 p.m. on Oct. 29 at 1115 Bates Ave., Cincinnati.
Atheist marriages may last longer than Christian ones. Research shows that divorce rates are highest among Baptists and nondenominational Christians, while more “theologically liberal” Christians like Methodists enjoy lower rates. The findings showed that Atheist marriages held the lowest divorce rates.
A group of Westwood residents held an event Wednesday at Westwood Town Hall in response to Westwood resident Jim Kiefer’s racist Facebook post directed at Councilwoman Yvette Simpson. The residents also created a change.org petition to dispel negative perceptions about the neighborhood. “For too long, the largest neighborhood in our great City has been publicly identified by the negative statements of a few disgruntled, racially insensitive and regressive individuals,” reads the petition.
Kiefer posted a message on his Facebook wall that read: “For my pick as worst councilperson in cincinnati (sic).... Evette (sic) getto (sic) Simpson!”
According to Simpson, Kiefer went on a racist tirade
against her in June, when he told her not to return to the West Side of
Feeling bummed by this gloomy weather? Watch this photographer's stunning time-lapse video compiled from about 10,000 photos he took during a road trip across the country and feel better.
Dogs' tail-wagging could have deeper meaning than we thought: Researchers have concluded that the direction in which dogs wag their tails expresses their emotional state. Left-side tail wagging indicates anxiety, while right-side tail wagging is a stronger symbol of companionship.
The Pacific Ocean warms 15 times faster than it used to. That helps explain why the average global surface-air temperatures have been warming at a slower rate than projected, but scientists aren't sure what kind of impact the warming has on ocean life yet.
The chair of Jelly Belly, Herman Rowland, Sr., donated $5,000 to an anti-LGBT conservative efforts “Privacy for All Students” initiative to overturn California’s new School Success and Opportunity Act, which protects the rights of transgender students to participate in school activities.
Montgomery Inn has sold 30 million bottles of barbecue sauce.
Here’s a video of a porcupine making really hilarious noises while eating a pumpkin:
Early voting is now underway. Find your voting location here. Normal voting hours are 8 a.m. to 4 p.m., although some days are extended. If you don’t vote early, you can still vote on Election Day (Nov. 5). Check out CityBeat’s coverage and endorsements for the 2013 election here.