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.”
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.
Pride/Visibility Week at the University of Cincinnati (UC) is about inclusion and acceptance, not merely tolerance. Beginning on April 29, a variety of events are scheduled to focus on and celebrate LBGT (if you need an explanation of that acronym, you really need to attend a few events).
In a long-awaited decision, a federal appeals court today declared that California's ban on same-sex marriage is unconstitutional.
The 9th U.S. Circuit Court of Appeals ruled 2-1 that a lower court judge correctly interpreted the U.S. Constitution and Supreme Court precedents when he declared in 2010 that Proposition 8 was a violation of the civil rights of gay and lesbian people.
Democratic gubernatorial candidate Ed FitzGerald told Outlook Columbus in a May 17 interview that he supports same-sex marriage, drawing a strong contrast to Republican opponent Gov. John Kasich, who is running for re-election in 2014.
“I believe in full equality for all Ohioans, and that includes the LGBT community, and that includes issues not just related to marriage, but also employment and housing,” FitzGerald told the magazine, which focuses on LGBT issues.
He added, “If it’s on the ballot, I’m going to vote for it. If something comes across my desk when I’m governor, I’m going to sign it.”
FitzGerald's position puts him in opposition to Kasich, who previously reinforced his opposition to same-sex marriage and civil unions after implying support for same-sex civil unions in an interview with a local TV news station
"The governor’s position is unchanged," wrote Kasich spokesperson Rob Nichols in a March 21 email to CityBeat. "He opposes gay marriage and opposes changing Ohio’s Constitution to allow for civil unions. He’s opposed to discrimination against any Ohioan and, while he may have used the term ‘civil union’ loosely in this instance, he recognizes the existing rights of Ohioans to enter into private contracts to manage their personal property and health care issues."
Ohio and the rest of the nation have been moving toward supporting same-sex marriage in the past few years. A poll from The Washington Post in September 2012 found about 52 percent of Ohioans support same-sex marriage, and only 37 percent are against it, with a margin of error of 4.5 points.
FreedomOhio, a group advocating for same-sex marriage, is currently gathering signatures and could place the issue on the Ohio ballot as early as 2013 ("The Evolution of Equality," issue of Nov. 28).
"FreedomOhio thanks Mr. FitzGerald for his support of Marriage Equality and Ohio's Freedom to Marry and Religious Freedom amendment. FreedomOhio asks Governor Kasich to join Mr. FitzGerald and the majority of Ohioans who support the amendment that provides Strong Family Security while also Protecting the Religious Freedom of all houses of worship," wrote Ian James, co-founder of FreedomOhio, in an email to CityBeat. "We are pleased to count Mr. FitzGerald as a supporter of this important 46-word amendment."
Update: This story was updated with a comment from Ian James, co-founder of FreedomOhio.
A few weeks ago, I caught this story as it was firing up: Sacramento, Calif., morning radio hosts Rob Williams and Arnie States spent more than a half-hour making disparaging and dehumanizing comments about transgendered children on their May 28 radio show. People were pretty up in arms about it. I was among the hundreds of people who wrote letters to the station manager expressing my unwillingness to tolerate such content.
Several other municipal court judges either declined comment or said they would consider the point Stockdale makes in his letter if it is raised during the hearings.
Attorneys for the protesters said they intend to do just that. They already have asked judges to dismiss the charges on grounds the park board rules violate the free speech rights of the protesters.
They say Stockdale’s letter raises another weakness in the city’s case against their clients.
“Whether it’s a violation of the First Amendment or an over-reach by the park board, they are clearly relevant questions,” said Rob Linneman, an attorney for the protesters.