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by Nick Swartsell 11.07.2014
Posted In: News, LGBT Issues, Courts at 09:35 AM | Permalink | Comments (0)
 
 
Federal Court Building

Federal Court Upholds Region's Same-Sex Marriage Bans

Ruling preserves bans in Ohio, Kentucky, Michigan, and Tennessee; will likely to go Supreme Court

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.”

 
 
by Kevin Osborne 03.22.2012
 
 
471

Morning News and Stuff

Cincinnati officials approved a deal Wednesday that offers up to $12 million in tax incentives to a local firm in return for it agreeing to build its new headquarters at the long vacant site at Fifth and Race streets downtown and maintaining certain employment levels. City Council said it was important to keep Dunnhumby USA, a retail branding company, located here. Dunnhumby will build a $36 million complex that includes 250,000 square feet of office space and create 550 new jobs by 2014, along with retaining its 450 current employees. Under the deal, the city would pay Dunnhumby up to 75 percent of the new income tax generated each year as the company adds jobs.

A plan to reconfigure I-471 in Northern Kentucky is delaying a road project across the Ohio River in Cincinnati's East End neighborhood. The city's project would make Riverside Drive more like a neighborhood street, instead of a major thoroughfare, and add bicycle lanes. But the I-471 project means motorists who need to reach the East Side during rush hour will likely be using Riverside Drive, so city engineers don't want to restrict traffic there until the highway construction is done. The change means the Riverside Drive work will be delayed between one and two years.

Partially based on local complaints, Ohio Attorney General Mike DeWine filed an antitrust lawsuit against Cargill Inc. and Morton Salt Inc. for allegedly being involved in a price-fixing scheme. The lawsuit alleges the two companies divided up the Ohio rock salt market between themselves, agreeing not to compete with each other and driving up rock salt prices over the past decade. In 2008, Hamilton County said it saw signs that collusion was occurring when it was getting only one bid for salt at triple the usual price.

A man who rescued a child from a burning house in Northside is among a group of people recognized for their heroism. Ryan Phillips, 43 of Cincinnati, saved a 3-year-old child from a fire in February 2011. He is among the 21 winners of Carnegie Medals for heroism. Carnegie medalists receive a financial reward from a fund. More than $33.9 million has been awarded to 9,516 honorees since its 1904 inception.

Boosted by expansion at hospitals and colleges, the number of construction jobs in Ohio is slowly increasing. The state’s construction industry employed 177,300 workers in January, an increase of 4,500 — or 2.6 percent — from January 2011, according to a new analysis of Labor Department data by the Associated General Contractors of America. Almost half of the gains came from the Columbus area. (For the record, the mayor of Columbus and a majority of its City Council are Democrats. Just saying.)

In news elsewhere, after a long standoff and a gun battle, French police today stormed into the apartment of a young Islamic radical suspected of killing seven people. The suspect, Mohammed Merah, was shot and killed in the confrontation. He is believed to be the person that murdered three off-duty soldiers, three Jewish schoolchildren and a rabbi in an eight-day terrorism spree.

Criminal defendants have a constitutional right to effective lawyers during plea bargain negotiations, the U.S. Supreme Court ruled on Wednesday. In a pair of 5-to-4 decisions, the high court vastly expanded judges’ supervision of the criminal justice system. The decisions mean that what used to be informal and unregulated deal making is now subject to new constraints when bad legal advice leads defendants to reject favorable plea offers. About 97 percent of convictions in federal courts were the result of guilty pleas. In 2006, the last year for which data was available, 94 percent of convictions in state courts were the result of such deals.

Even though he came in fourth, behind Ron Paul, in the Illinois primary this week, Newt Gingrich isn't giving up hope about his struggling presidential bid. The ex-House Speaker told NPR that he sees no reason to exit the Republican presidential race and that there's a chance of a new contender emerging at the party's convention in August. "I'm not so sure you wouldn't get a series of brand new players" stepping forward during a brokered convention, he said. Dream on, Newt.

Soldiers in Mali have taken over state-operated television and announced they have seized control of the government. The soldiers said the coup was necessary because of the mishandling of an insurgency in the north. For those of you scratching your heads, Mali is in western Africa, near Algiers, and has a population of 14.5 million people. (It's not to be confused with Malawi, where Madonna likes to adopt children.)

Federal prosecutors in Brazil have filed criminal charges against 17 Chevron and Transocean executives over an oil leak in the Atlantic Ocean in November 2011. Prosecutors on Wednesday accused the executives of environmental crimes, of misleading Brazil's oil regulator about their safety plans and not providing accurate information in the wake of the spill. At least 416,000 liters of oil seeped through cracks on the ocean floor near a Chevron well off the Rio de Janeiro coast.
 
 
by 12.17.2009
Posted In: County Commission, Courts, Spending at 01:02 PM | Permalink | Comments (1)
 
 

State Group Opposes Deters

Apparently, some Republicans across Ohio disagree with their GOP colleague, Hamilton County Prosecutor Joe Deters.

In a motion filed Wednesday with the Ohio Supreme Court, the County Commissioners Association of Ohio (CCAO) seeks to intervene in the complaint that Hamilton County commissioners filed against Deters. The CCAO, which is a bipartisan group that has numerous Republican members, asks to join the case as a “friend of the court” on the commissioners’ side.

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by Kevin Osborne 04.12.2012
 
 
joe

Another State Ends the Death Penalty

Connecticut is 17th to abolish capital punishment

Connecticut will soon join the list of states that have ended the use of capital punishment.

 

In an 86-63 vote, legislators in Connecticut’s House of Representatives passed the bill Wednesday night. The state Senate approved the measure April 5, in a 20-16 vote.

 

Gov. Dannel P. Malloy, a Democrat, has indicated he will sign the bill when it reaches his desk, probably sometime this week. A similar bill was vetoed by then-Gov. Jodi Rell, a Republican, in 2009.

 

Connecticut’s law is prospective in nature, and won’t affect the sentences of the 11 people currently on the state’s death row.

 

In the last five years, New Jersey, New Mexico, New York and Illinois have repealed the death penalty, according to CNN. California voters will decide the issue in November.

 

Other states that have abolished capital punishment are Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island, Vermont, West Virginia and Wisconsin.

 

Meanwhile, a man who spent 21 years on Ohio’s death row until he was exonerated in 2010 will speak tonight at a forum in Clifton.

 

Joe D’Ambrosio will discuss his experience and why he believes the death penalty should be scrapped at 6:30 p.m. at the St. Monica-St. George Parish Newman Center, located at 328 W. McMillan St. D’Ambrosio will be joined by the Rev. Neil Kookoothe, a Roman Catholic priest who worked to get him released.

 

D’Ambrosio was wrongfully convicted of the 1988 murder of Anthony Klann in Cleveland. Cuyahoga County prosecutors withheld 10 pieces of evidence that would have exonerated D’Ambrosio at his trial and implicated another suspect in the crime, a judge ruled in March 2010.

 

D’Ambrosio is the 140th Death Row exoneration in the United States since 1973 and the sixth in Ohio.

 

This week’s Porkopolis column looks at a report from Amnesty International about the use of capital punishment throughout the world, and how the United States is one of the only industrialized nations that still condones the practice.

 

 
 
by German Lopez 02.12.2013
Posted In: Anna Louise Inn, Courts, Development, News at 02:28 PM | Permalink | Comments (0)
 
 
anna louise inn

Anna Louise Inn, Western & Southern Returning to Court

Hearings set with Judge Norbert Nadel for April

The Anna Louise Inn and Western & Southern will meet again in court in April to begin the next chapter of the ongoing zoning dispute between the longtime neighbors. 

In a Feb. 8 ruling, the Ohio First District Court of Appeals agreed with a lower court that Cincinnati Union Bethel, which owns the Inn, filed an incomplete permit application. The ruling asks CUB to resubmit the funding requests to the city of Cincinnati — except this time CUB will have to include details about previously omitted parts of the Anna Louise Inn and the Off the Streets program. 

But Tim Burke, attorney for CUB, says CUB already carried out the court’s requirements. After Judge Norbert Nadel ruled May 4 that the Inn didn’t properly fill out its original application, CUB started a second chain of applications to obtain a conditional use permit to meet Nadel’s zoning specifications. The new applications have been approved by Cincinnati’s Historic Conservation Board and the Cincinnati Zoning Board of Appeals, but Western & Southern is appealing those rulings as well.

Last week’s appeals court ruling sent the case back down to the lower court on a legal technicality. With the ruling, all the Anna Louise Inn cases, including the separate chain of zoning appeals, are essentially consolidated to Nadel. 

The dispute began in 2010, when Western & Southern sued the Anna Louise Inn over zoning issues to block $13 million in city- and state-distributed federal loans to renovate the building. Western & Southern declined an opportunity to purchase the building in 2009, but now seems interested in turning it into a luxury hotel. 

The Anna Louise Inn is a 103-year-old building that provides shelter to low-income women. Its Off the Streets program helps women involved in prostitution turn their lives around.

For more information about this ongoing dispute, visit CityBeat's collection of coverage here.

 
 
by Kevin Osborne 02.09.2012
 
 
assad

Morning News and Stuff

With 273 days remaining until the presidential election, some of our readers might already be getting sick of listening to the latest blather from the candidates. Still, a rather blistering analysis of President Obama’s recent actions at Politico is worth checking out. Maybe this line will pique your interest: “So much for the high road: Victory is more important than purity … He’s made a series of calculated, overtly political gestures that are far more transactional than transformational.”

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by 11.22.2010
Posted In: Public Policy, Social Justice, Courts, Spending at 06:55 PM | Permalink | Comments (0)
 
 

Freedom Tour Will Visit Cincy

Ineffective. Fiscally irresponsible. Overcrowded.

Those are some of the words used by reform advocates to describe Ohio's criminal justice system. As part of its effort to publicize disparities in the state's prisons, the American Civil Liberties Union (ACLU) of Ohio will bring its Freedom Tour here on Dec. 6.

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by 12.13.2010
Posted In: Government, Courts, History at 12:23 PM | Permalink | Comments (1)
 
 

10th Anniversary of Bush v. Gore

Yesterday marked the 10th anniversary of the U.S. Supreme Court's 5-4 decision that stopped the presidential election recount in Florida and handed the 2000 election to George W. Bush.

It's difficult to believe that was already 10 years ago. And it's amazing still that A) the Supreme Court acted in such a blatantly political manner to step in and resolve a state election issue, halting a legal recount, and B) that Americans didn't take to the streets to revolt against the power grab by Bush and his Republican cronies.

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by 01.22.2010
Posted In: Republicans, Courts, Family at 05:07 PM | Permalink | Comments (1)
 
 

We're on Team Levi

The personal travails of Sarah Palin’s family life normally wouldn’t be newsworthy if it weren’t for Palin’s sanctimonious public statements and campaigning on issues like teen sex, abortion and so-called “family values.” With that in mind, watching the protracted custody battle between Palin’s daughter, Bristol, and ex-boyfriend Levi Johnston over their daughter holds the same bizarre fascination as driving by a car accident on the highway.

Read More

 
 
by Kevin Osborne 03.20.2012
 
 
exorcism

Morning News and Stuff

To help avoid a $43 million deficit, the Cincinnati Board of Education voted Monday to cut 40 staff positions for next year. The positions affected are central office staff and administrative employees. The board said some teacher layoffs are possible later, but it wants to see how many people plan on retiring after the school year ends.

A retired local judge told WCPO-TV's I-Team that his dismissal from a United Nations tribunal was the result of a “purge” because some U.N. officials disliked the reforms that he and his colleagues were implementing. Mark Painter, who is a former municipal court judge and appellate court judge in the Cincinnati area, served three years as the only American on a new tribunal that makes final judgments on internal United Nations disputes. But the committee that selects judges chose not to renominate him for a full seven-year term. Painter said it's because the tribunal made its decisions binding, but U.N. officials denied the allegation.

About 40 people attended an event Monday night at downtown's Piatt Park to mark Occupy Cincinnati's return to the plaza. As part of a deal signed last week with the city's attorneys, Occupy members are now allowed to remain in the park overnight as long as they are quiet and don't erect tents. Less than 10 people chose to stay until this morning.

In other protest-related news, the Archdiocese of Cincinnati gave permission for a Catholic priest in a Dayton suburb to perform an exorcism outside of a medical clinic that performs abortions. The Rev. Tim Ralston of St. Charles Borromeo Church in Kettering performed the rite Sunday at the Women's Med Center. About 300 anti-abortion activists attended the event.

Gov. John Kasich is trying to force out the leader of the Ohio Republican Party before November's elections. Party Chairman Kevin DeWine announced Sunday he wouldn't seek reelection when his two-year term expires in January, but Kasich wants DeWine gone now. Kasich wants to name his own appointee, and hopes to oust DeWine when the GOP’s newly elected 66-member central committee meets April 13.

In news elsewhere, public outcry has prompted the U.S. Justice Department to launch an investigation into the shooting of a black teenager by a neighborhood watch captain who escaped arrest. More than 435,000 people signed an online petition calling for the arrest of the shooter, George Zimmerman. Trayvon Martin, 17, was unarmed when he was killed Feb. 17 while walking home after buying Skittles and iced tea at a nearby store.

More details are emerging about the past of the Norwood native who is accused of killing 16 Afghan civilians in a shooting spree. Before he enlisted in the Army, Robert Bales' career as a stockbroker came to an end when a court arbitrator ordered Bales and the owner of the firm that employed him to pay $1.4 million for taking part in “fraud” and “unauthorized trading.” The client, Gary Liebschner, a 74-year-old retired engineer, told The Washington Post that he “never got paid a penny” of the award.

Meanwhile, the shooting spree may lead to Afghan President Hamid Karzai winning a major concession from the United States. Officials are mulling whether to modify the use of controversial night raids by troops and giving Afghans more oversight. The Obama administration is discussing options with the Afghans including a warrant-based approach or possibly allowing Afghan judges to review raids before they took place, a U.S. official said Monday.

JP Morgan Chase is closing the Vatican bank's account with its Italian branch based on concerns about a lack of transparency at the Holy See's financial institution. Italian newspapers reported JP Morgan Chase informed the Vatican bank that its account was being closed because it had failed to provide sufficient information on money transfers. The institution has been accused of tax fraud and money laundering in the past.

The man who killed four people at a Jewish school in southwestern France on Monday had a camera around his neck and may have filmed the scene, France's interior minister says. Police have linked the attack to two shootings last week in which three soldiers of North African descent died. The same gun and the same scooter were used in all the attacks, they report. French schools held a moment of silence today to remember the victims.
 
 

 

 

 
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