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 news you've likely already heard from your favorite website, social network, radio station, print publication, TV or the guy in your neighborhood who likes to talk about current events, President Barack Obama yesterday announced his support for same-sex marriage, becoming the first-ever sitting president to do so. The news has spawned analysis from across the land, ranging from “risky but inevitable” to “matters less than you think.” The Enquirer says the decision is going to “echo in Ohio” (whatever that means).
One thing we know for sure: Hollywood celebs are preparing to pack George Clooney's house tonight and fill up Obama's briefcase with money.
The “No. 2 official at the Hamilton County Sheriff’s Office” says the jail being next to the casino will be bad for business, according to an Enquirer story detailing worries over jail overcrowding leading to accused criminals to go into the casino to “get warm, panhandle customers or just give visitors a bad impression of Cincinnati.”
Hamilton County Commissioner Todd Portune yesterday cancelled a new truck order for Paul Brown Stadium, instead giving the vehicles to Parking Operations. Parking Operations was supposed to get the stadium's used trucks after the stadium received new ones, but Portune said the stadium doesn't need brand new stuff all the time.
Up north, Columbus Mayor Michael Coleman says his city wants an NBA basketball team now that the public has purchased the arena the Columbus Blue Jackets play in.
Poll watch: Portman on GOP ticket doesn't change Ohio race
New claims for unemployment benefits dropped again last week, nearing a four-year low.
Facebook will soon launch an App Center, because it's so annoying to have to leave Facebook to get cool new apps.
Famous hairdresser Vidal Sassoon died
yesterday after a bout with leukemia. He apparently played a large
role in creating “wash and go” hairstyling and later
revolutionizing the hair-care industry. Here's a Philadelphia
Inquirer obit. And five ways Vidal Sassoon changed people's hair. Sassoon, according to the book Insider's Guide to Cincinnati, had a home in Mount Adams (his wife was a Greater Cincinnati native).
Federal officials Thursday unveiled new pending regulations that offer more protection from discrimination for LGBT individuals in regard to housing and mortgage issues.
The U.S. Department of Housing and Urban Development (HUD) announced the proposed regulatory changes that explicitly protect lesbian, gay, bisexual and transgender people under certain circumstances.
Gov. John Kasich has something to say to anyone waiting on federal funding to help fix their bridges (and while we're at it, any local governments who need funding for something other than food and water): Forget about it. During an interview with Enquirer editors and reporters yesterday,* Kasich said tolls are the best means for funding a new Brent Spence Bridge.
“I do not believe that a white charger is going to come galloping (from Washington) into Cincinnati with $2 billion in the saddlebags,” Kasich said. “So if that isn’t going to happen and all we do is delay, delay, delay and we push this thing out until 2036 ... holy cow!”
* CityBeat had a similar meeting scheduled but we forgot about it and weren't here at the time — sorry Kasich, we'll get ya next time!
Things are about to get weird in a Clermont County courtroom if David Krikorian and Chris Finney get their wish — to have Jean Schmidt on the witness stand on May 17. Finney, the attorney for Citizens Opposed to Additional Spending and Taxes (COAST), has been representing Krikorian, a former Democratic and independent candidate who unsuccessfully ran against Schmidt for Ohio's 2nd congressional district seat, has served Schmidt with a subpoena as part of Krikorian's lawsuit claiming a Schmidt lawsuit against Krikorian was frivolous. COAST's ghost-written blog posted commentary in February in response to accusations from Brad Wenstrup that Schmidt was using campaign funds to pay off legal fund debt from earlier campaign nonsense against Krikorian. Eastsiders mad.
Some high-level Procter & Gamble executives are getting the Bearcat Bounce out of Cincinnati, heading to Singapore where the company believes growth opportunities for its beauty care products are the highest. About 20 positions will be moved to the Singapore office during the next two years.
Does it matter that Mitt Romney might
have led a group of teenagers in a “pin that dude down and cut his
hair” prank during the '60s? The Nation says Obama's gay-marriage
announcement caught Romney off guard.
As expected, Obama's fundraiser at George Clooney's house raked in the dough, raising $15 million in one night.
British Prime Minister David Cameron only recently learned what LOL means in text-speak. The explanation occurred during witness testimony from Rebekah Brooks, the former head of Rupert Murdoch's the now-defunct News of the World. Brooks was forced to resign last year amid a phone-hacking scandal.
"He would sign them off 'DC' in the main," Brooks said, referring to Cameron's initials. "Occasionally he would sign them off 'LOL' — 'lots of love' — until I told him it meant 'laugh out loud,' and then he didn't sign them off [that way] anymore."
It was certainly an LOL moment during Brooks' testimony in a London courtroom Friday as part of a judicial inquiry into media ethics. But the disclosure also underscored the warm personal ties between the prime minister and Brooks, the former head of media baron Rupert Murdoch's British newspapers who was forced to resign in disgrace last summer.
Someone found a really old Mayan calendar, and it offers good news: It goes way beyond Dec, 12, 2012.
Major League Baseball phenom Bryce Harper is in town for a three-game series with his Washington Nationals. The 19-year-old was the No. 1 overall pick in 2010 and is the first superstar-caliber player to make it to the big leagues this quickly prompting comparisons to Ken Griffey, Jr. at that age. Here's the local spin about on freak outfielder coming to town for a weekend series against the Reds.
Maybe Christopher Smitherman, the Cincinnati NAACP’s president, is cagier than most people think.
Across the nation, commemorations of Gay Pride Month have just wrapped up. In Cincinnati, where things often seem a little behind the times, they haven't even begun yet.
Cincinnati Pride Equinox 2011 is scheduled for July 7-10 in the Queen City. To kick off the festivities, a multi-faith worship service will be held at St. John's Unitarian Universalist Church at 7 p.m. July 7.
A prominent local anti-gay, right wing group sent a mass e-mail to supporters today seeking money to avoid a $150,000 deficit next year, which is close to what the group's president makes in salary.
The e-mail distributed by Sharonville-based Citizens for Community Values (CCV) states it's ready to “jump into 2011 with both feet!”