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.”
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.
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.
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.
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.”
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.
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.
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.