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.
When it comes to LGBT rights, Cincinnati received a score of 77 out of 100 from the Human Rights Campaign's first Municipal Equality Index (MEI). Cincinnati tied with Cleveland, but lost to Columbus, which scored an 83.
The index looks at cities’ laws, policies and services to gauge how friendly they are to LGBT individuals. With 47 criteria in hand, 137 cities were scored.
Cincinnati gained positive marks for its non-discrimination laws, which protect employment, housing and public accommodations for LGBT people. The city was also praised for its openly gay leadership, notably Councilman Chris Seelbach. Even the Cincinnati Police Department (CPD) got some LGBT love; it was marked positively for having an LGBT liaison and reporting 2010 hate crime statistics to the FBI.
But Cincinnati had mixed results elsewhere. The city was praised for enacting some anti-bullying policies and an equal employment opportunity commission, but docked for not having a mayoral LGBT liaison or office of LGBT affairs. While the city did well in having domestic partner health benefits and legal dependant benefits, it was knocked for not having equivalent family leave for LGBT individuals.
The city did particularly poorly in relationship recognition. The HRC analysis notes that gay marriage and civil unions are state policies, which Cincinnati’s government has no control over. But the city did lose points for not having a domestic partner registry, which both Cleveland and Columbus have.
A few of Cincinnati's LGBT improvements came just within the last year: Seelbach was elected in 2011, domestic health benefits were passed in May and the LGBT liaison for the CPD was named in October.
Overall, Cincinnati wasn’t among the top in LGBT rights. About 25 percent of cities scored an 80 or higher, including Columbus. Eleven cities scored 100: Long Beach, Calif.; Los Angeles; San Diego, Calif.; San Francisco; Boston; Cambridge, Mass.; St. Louis, Mo.; New York City; Portland, Ore.; Philadelphia; and Seattle.
In this week’s cover story, CityBeat covered Ohio’s evolution on same-sex marriage.
The Enquirer today broke out its Freedom of the Press Card, pressing the city to release details of the bids to build the streetcar's five vehicles. Enquirer Editor and Vice President Carolyn Washburn says the newspaper is being a good watchdog by investigating all the redacted parts of documents released by the city, which reportedly include typical streetcar parts, performance data and personal information of employees. A firm called CAF USA, which won the bid for more than $20 million, is trying to block the release of the data, along with two losing bidders who claim the information is trade secret.
Ohio Gov. John Kasich and Kentucky Gov. Steve Beshear are considering a private-public partnership that includes tolls to fund renovations to the Brent Spence Bridge.
President Obama enjoyed an enthusiastic welcome from Los Angeles LGBT supporters at an event in Beverly Hills. Republicans are saying Obama is being all glitzy in California so he's out of touch with Americans' struggles.
The U.S. is losing patience with Pakistan, too.
George Zimmerman's bond hearing has been set for June 29. He returned to jail on Sunday after a judge revoked his bond for failing to disclose $135,000 in funds raised for his legal defense.
Do you use LinkedIn or eHarmony? Well, you shouldn't. Also, both sites were hacked and had user passwords breached.
A car called the Honda Fit EV has earned the highest ever miles-per-gallon equivalency rating from the U.S. Environmental Protection Agency — 118 mpg.
More than 80 lawsuits by former NFL players have been consolidated and filed in a Philadelphia federal court, accusing the league of hiding details that linked head trauma to permanent brain injuries. The NFL denies culpability.
The Reds are still in first place.
Although many voters in Southwest Ohio probably would disagree with its findings, a new poll indicates most Americans would have no problem with a president who is openly gay.
File taxes jointly
Take unpaid leave to care for a sick or injured spouse
Receive spousal, mother’s and father’s, or surviving spouse benefits under Social Security
Receive equal family health and pension benefits as federal civilian employees
The Court did not rule on the second provision of DOMA, which verbalizes that states that don't approve of same-sex marriage can't be forced to recognize gay unions performed in states where it's
legal, nor did the court decide whether or the act of gay marriage is actually constitutional.
In arguments before the Circuit Court in April, Mary Bonauto, a lawyer for Gay & Lesbian Advocates & Defenders (GLAD), called DOMA a result of Congress' "moral disapproval."
"It is simply that, frankly, Congress just didn't want to deal with same-sex couples ... this is across-the-board disrespect," she stated in the hearings.
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).
Ohio Secretary of State Jon Husted is under fire for alleged voter suppression once again. In response to recent court rulings on provisional ballots, Husted sent out a directive on Nov. 2 that shifts the burden of proper identification during the provisional ballot process from poll workers to voters. The directive may not even be legal, according to a lawsuit quickly filed by voters’ rights activists in response to the new rule: “Ohio Rev. Code § 3505.181(B)(6) provides that, once a voter casting a provisional ballot proffers identification, ‘the appropriate local election official shall record the type of identification provided, the social security number information, the fact that the affirmation was executed, or the fact that the individual declined to execute such an affirmation and include that information with the transmission of the ballot.’”
President Barack Obama was at the University of Cincinnati yesterday to make a closing argument to Ohioans. In his speech, Obama compared his own ideas and policies to those of Bill Clinton, while comparing Mitt Romney’s ideas and policies to those of George W. Bush. With just two days of voting left, all eyes are on Ohio as it could play the decisive role in the presidential election. In aggregate polling, Obama is up 2.9 points in Ohio and 0.4 points nationally. FiveThirtyEight, The New York Times’ election forecast model, has Obama at an 86.8 percent chance to win Ohio and an 86.3 percent chance to win the election.
Early voters packed polling places around the state yesterday. The line around the Hamilton County Board of Elections wrapped around the entire building for much of the day. Butler County had a lot of early voters as well. Early voting was only available to all Ohioans yesterday thanks to a lawsuit from Obama and Democrats, which opened up in-person early voting during the weekend and Monday before Election Day despite strong opposition from state Republicans.
Election Day may be tomorrow, but the entire process may not be finished at the end of the day. In 2008, Ohio took weeks to count the last 490,852 ballots.
Slate reenacted the entire presidential campaign, from finding the Republican nominee to today, through video games.
Some in northeast Ohio are still without power due to Hurricane Sandy’s fallout. Most people affected are in Cleveland and surrounding suburbs.
Ohio gas prices are dropping.
Early results from air quality tests show no signs of pollution near shale gas drilling wells. But the results are early, and more tests are ongoing. CityBeat wrote in-depth about fracking and concerns surrounding the process here.
The deadline for Ohio’s exotic animal registration is today. The new requirement came about after an Ohio man released 50 exotic animals, including some dangerous predators, shortly before committing suicide in 2011.
A lonely Asian elephant learned how to speak some Korean, and scientists want to know how and why.
To honor National HIV Testing Day — a day meant to raise awareness about the virus — Planned Parenthood Southwest Ohio region is offering free HIV testing at three locations in the Cincinnati area.
Free HIV testing is available today at from 10 a.m.-2 p.m. at Cincinnati's VA Medical Center (3200 Vine St.) and from 1-5 p.m. at the Lower Price Hill Health Center (2136 E. Eighth St.). The test is done quickly using a method called rapid HIV testing, which produces results immediately.
About 1.1 million people in the United States are living with HIV at any given time, and about one in five of those don't even realize they're infected.
That means those one in five could, at any time, be unknowingly transmitting the disease to their partners, or that they're missing out on taking important preventative measures that could keep the infection from developing into AIDS. The HIV virus is most commonly spread through unprotected sexual contact or sharing needles, or can be passed down from mother to child during pregnancy or shortly after birth. For more basic information about HIV, click here.
In 2012, Planned Parenthood Southwest Ohio provided 1,225 HIV tests amongst its eight facilities, among a number of other preventive services. Currently, Planned Parenthood branches across Ohio are being threatened by Ohio conservatives' efforts to defund the organization, which provides myriad health services in addition to abortion, including cancer and STD screenings, birth control, pregnancy testing and health care for both men and women. State and federal funds used by Planned Parenthood aren't used to fund abortions, which are instead funded by private donations.
If successful, the Republican-controlled Ohio legislature could pass a budget this weekend that would put Planned Parenthood at the back of the line for state funds. A separate set of federal funds would also go to crisis pregnancy centers, which have a history of using scare tactics and false information about abortion.
Under Obama's Affordable Care Act, which will go into effect in 2014, insurance providers will be required to cover HIV testing and birth control.