by Nick Swartsell
41 days ago
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 Nick Swartsell
43 days ago
Posted In: News
at 10:29 AM | Permalink
GOP hands Dems bruising defeats nationally, in Ohio
Well, folks, election season is over for another year, and we got precious few surprises last night. The GOP ran up the score in every statewide election, took control of the U.S. Senate by picking up between seven to nine seats and scooped up even more seats in the House than they had before. Rep. John Boehner picked up an easy victory and looks to spend another term as house speaker and Sen. Mitch McConnell, who at one point looked to have a tougher fight, easily won against Kentucky Secretary of State Alison Lundergan Grimes. Now he could become Senate majority leader. The statewide results are demoralizing for Democrats. Gov. Kasich won over Democratic challenger Ed FitzGerald by a huge 32 point margin in the governor’s race. Attorney General Mike DeWine won an easy victory over Democrat David Pepper, Ohio Secretary of State Jon Husted handily beat Democratic State Senator Nina Turner, and even Republican Treasurer Josh Mandel beat opponent State Rep. Connie Pillich by nearly 15 points, despite being the most vulnerable of Republican incumbents in the election. That means four more years of a governor who has actively worked to curtail women's access to abortion services, an attorney general who has fought to preserve Ohio's more-than-likely unconstitutional gay marriage ban and a secretary of state who has worked to curtail early voting in the state.In what is an almost too-neat metaphor for the state of Ohio's Democratic Party, now-former Ohio Democratic Party Chair Chris Redfern resigned as the party’s statewide leader last night after the embarrassing showing. He even lost his own seat in the Ohio House of Representatives to a Republican challenger, Steve Kraus, who is, get this, a suspect in a burglary, though no charges have been filed yet. One thing is for sure — Redfern got his seat burgled. Yeah, I just went there with that terrible joke.The biggest news on the local level is that Issue 8, the icon tax, passed with 63 percent of the vote. That means a quarter-cent county sales tax increase will fund renovations to the city’s historic Union Terminal building. But interest in the icon tax fight didn’t extend to kicking County Commissioner Chris Monzel out of office. Many expressed anger at Monzel for slicing Music Hall out of the tax deal over the summer, but 58 percent of voters weren’t angry enough to choose Democrat Chris Feeney or write-in candidate Jim Tarbell over the Republican incumbent.Also noteworthy is Democrat Cecil Thomas’ easy win over Republican Cincinnati City Councilman Charlie Winburn for Ohio’s 9th District state Senate seat. That means Winburn will be hanging around Council for a while longer and continuing to chair the powerful budget committee, where he’s been a key ally to Mayor John Cranley. On a national level, the election is a part backlash against President Obama mixed with a bit of an affirmation of the GOP political strategy led by McConnell, which basically boils down to saying “no” a lot. They’ve been able to fight President Obama and Democrats as a whole to a standstill on a number of thorny, hard-to-tackle issues including health care, a minimum wage increase, unemployment benefits and immigration over the past few years while pinning the blame on the other team. But now that they have both sides of Congress, as even some in the party concede, they’ll have to try something new — actually governing by enacting policy instead of just rejecting it. One other interesting national wrinkle in this midterm: progressive policies won the day in a number of states, while a couple deeply conservative statewide anti-abortion ballot initiatives in Colorado and North Dakota failed. Alaska, Arkansas, Illinois, Nebraska and South Dakota all passed minimum wage increases and Alaska, Oregon and Washington, D.C. passed initiatives decriminalizing possession of various amounts of marijuana.
David Pepper targets Mike DeWine’s conservative political leanings in his race for Ohio’s top prosecutor
0 Comments · Tuesday, July 15, 2014
Forty-two-year-old Democrat David Pepper
has already served two terms as a Cincinnati City Councilman and a term
as Hamilton County Commissioner. Now he wants to be Ohio’s attorney
general, and he’s hitting Republican incumbent Mike DeWine on multiple
fronts to try and unseat him.
0 Comments · Wednesday, July 9, 2014
The race for Ohio attorney general is heating up, and Democratic candidate David Pepper last week slammed his opponent,
current Attorney General Mike DeWine, over Ohio’s lag in testing rape
kits, which are samples collected when a rape is reported.
by Nick Swartsell
Posted In: News
at 09:13 AM | Permalink
Former P&G exec goes to D.C., Ludlow gets a music venue and Robots writing articles
This news this morning is all (well, mostly) about politics, so put your civics hat on.Former Procter and Gamble executive and prospective head of the Department of Veterans Affairs Bob McDonald has quickly gone from wrangling over local sales taxes as head of the Cultural Facilities Task Force here in Cincinnati to meeting with senators in Washington. McDonald, who is President Obama’s nominee to lead the troubled VA, is making the rounds in the nation’s capital this week on a series of informal get-togethers with senators, who will vote on his confirmation soon. He’ll also be boning up on his knowledge of the VA and its current challenges.Confirmation hearings for Obama’s nominees have been tough the past couple years, and with the high-level controversy swirling around the VA lately, McDonald could face a bumpy ride. High wait time for patients, patient fatalities and record-keeping scandals have clouded the agency’s image. McDonald will have to convince 14 senators on the Senate Veterans Affairs Committee that his corporate experience with P&G has equipped him to address these issues quickly and steer the VA back onto the right course. He’ll make his case at a confirmation hearing in front of the Senate Veterans Affairs Committee.• Now time for a quick break from the political: New music venues seem to
be popping up all over lately. The latest is in Clifton, where the
owners of Olives restaurant have announced they’re closing July 20 and
preparing to turn their space on Ludlow Avenue into a live music
destination. The restaurant is located in the historic Ludlow Garage,
which was run by Jim Tarbell and hosted national acts in the 1970s. The new venue will open in November, booking local and national acts. No word yet on what kinds of music are in store there. • Now back to politics. Ohio Secretary of State Jon Husted announced yesterday that 16 of Ohio’s May 6 primary races around the state were decided by a single vote. That makes 63 races in a year’s time that have been decided by the slimmest of margins.“This underscores the importance of election access and integrity,” Husted said, “and why it is so important to make it easy to vote and hard to cheat.” It’s funny that Husted would talk about making it easy to vote, given that the he and the Ohio GOP have moved time and again to restrict early voting hours around the state. These attempts include a swipe at Sunday voting directly before election day, a day with heavy turnout from African-American communities across the state. Courts later ordered Sunday voting restored.• Democratic candidate for attorney general David Pepper has slammed his opponent, current Republican Attorney General Mike DeWine, over a number of issues recently. These include DeWine’s lack of response to the state’s heroin addiction epidemic and the fact that DeWine drafted a brief in support of Hobby Lobby in its recent Supreme Court case. Now he’s blasting DeWine over Ohio’s lag in testing rape kits, which are samples collected when a rape is reported. Those samples can help identify the rapist — one in three kits results in a match with someone in Ohio’s DNA database. The problem is, Ohio has a backlog of more than 4,000 rape kits waiting to be tested, some more than 20 years old. The Ohio Bureau of Criminal Investigation can test about 300 of the kits in a month. That’s not fast enough, Pepper says, attributing it to DeWine’s mismanagement. He proposes sending the kits to other regional labs for testing, speeding up the process and hopefully catching more rapists.“At the current rate, this will take four to five years,” Pepper says. “To me, that’s just not good enough.”DeWine says he didn’t create the backlog and in fact requested the extra kits from local law enforcement agencies, which often had them locked away for years in evidence rooms, so they could eventually be tested. He says sending the kits to other labs is a bad idea and that the state’s lab has developed unique expertise necessary to test them.• Well, shoot. The Associated Press announced recently that it plans to start publishing articles written by robots. The stories will mostly be business stories summarizing earnings reports, though AP has also been using robots for some sports reporting. It’s not an unprecedented move — The Los Angels Times and other publications have employed robots to write immediate reports on earthquakes, crime and other subjects where highly formulaic reports are required. The AP estimates that it will be able to produce more than 4,000 articles a quarter this way — a huge leap above the 300 it now produces. No worries, though. This morning news roundup wasn't written by a robot. Or was it?
by German Lopez
Tea party lands school board seats, death penalty scrutinized, AG campaigns spar over role
Fiscal conservatives and tea party activists won more
seats on local school boards last year, putting them in the awkward
position of supposedly looking out for the school’s best interests while
rejecting property tax levies that could boost schools’ resources and outcomes. As one example, a member of the Coalition
Opposed to Additional Spending and Taxes (COAST) now sits on the board for Kings Schools in Warren County that she once sued for public records.
The American Civil Liberties Union of Ohio on Sunday
called on Gov. John Kasich to immediately halt the death penalty across
the state, following the botched, 26-minute execution of convicted
killer Dennis McGuire. The execution, the longest since Ohio restarted using
capital punishment again in 1999, utilized a new cocktail of drugs that had
never been tried before in the United States. It’s unclear whether
state officials will use the same drugs for the five other executions
planned for the year.David Pepper, the Democratic candidate for attorney
general, says Republican Attorney General Mike DeWine should stop
defending court-rejected, unconstitutional voting and ballot restrictions. DeWine argues that it’s the attorney general’s job to
defend Ohio and its laws, regardless of his opinion on constitutionality. But
DeWine actually stepped aside and assigned a separate attorney to a case
involving restrictions on “false statements” in political campaigns
because, according to him, the law’s constitutionality is questionable.Martin Luther King Jr. and modern Republicans would likely
stand in opposition on numerous issues, including voting rights, the
death penalty and reproductive rights.A top policy aide for Gov. Kasich says local
governments should share more services. But some municipal officials argue the Kasich
administration is just trying to deflect criticisms regarding local government
funding cuts carried out by his Republican administration and the
Republican-controlled legislature over the past few years.The Justice Department is investigating a former chief
judge of Cincinnati’s federal appeals court for nearly $140,000 in
travel expenses he took during his four and a half years on the bench.Fewer Ohio students need remedial college classes following high school graduation.U.S. House Speaker John Boehner called a fellow Republican an asshole, according to Democratic U.S. Rep. Joaquin Castro.Seven out of 10 people will live in cities by 2050, according to Popular Science.Follow CityBeat on Twitter:• Main: @CityBeatCincy • News: @CityBeat_News • Music: @CityBeatMusic • German Lopez: @germanrlopez
by German Lopez
Gay marriage case becomes election issue, local jobs report mixed, mayoral primary nears
Democratic attorney general candidate David Pepper is
criticizing Republican Attorney General Mike DeWine for contesting the case that’s forcing the state to recognize the same-sex
marriage of two Cincinnatians, one of who is currently sick with
amyotrophic lateral sclerosis, a deadly neurodegenerative disease with
no known cure, and expected to die soon. “Above all, an Attorney General
takes an oath to support and defend the U.S. Constitution. This case is
a truly sad example of constitutional rights being violated, and the
deep and personal harms that result from constitutionally unequal
treatment,” Pepper, a former Hamilton County commissioner and Cincinnati Council member, said in a statement. “I respectfully call upon
Attorney General DeWine to recognize the clear constitutional wrongs
taking place here. Allow this couple to spend their final weeks together
The Cincinnati metropolitan area received a mixed jobs report in June,
gaining some jobs over the year but not enough to match population
trends. Cincinnati’s seasonally unadjusted unemployment rate hit 7.4
percent in June, up from 6.8 percent in May and the same as the year
before. Although the jobs report was fairly negative, the area has
received some good news as of late: Housing sales were up in June despite higher interest rates, and CNBC host Joe Kernen, a Western Hills native, in July 22 segment declared, “Cincinnati has successfully reinvented itself as a hub for innovation” and technology.
Early voting for Cincinnati’s Sept. 10 mayoral primary begins Aug. 6. The candidates are Democrats Roxanne Qualls and John Cranley,
Libertarian Jim Berns and Independent Queen Noble. The top two
finishers will face each other again in the Nov. 5 election. Qualls and Cranley are
perceived as the leading contenders in the race.
University of Cincinnati’s police chief is stepping down.
Angela Thi Bennett, one of Gov. John Kasich’s appointees to the Ohio Board of Education, is leaving the board to take a job at a charter school. The board is dominated by Kasich and Republican appointees.
BRIDGES for a Just Community will shut down
by early September. The nonprofit, which was founded as the Cincinnati
chapter of the National Conference of Christians and Jews, has promoted
religious inclusion in the workplace, schools and broader communities
since 1944. “Improving community attitudes toward diversity and
inclusion, which are a direct result of BRIDGES’ work, coupled with
increasing competition in providing services caused the organization to
experience persistent financial challenges in recent years,” the
organization said in a statement.
Butler County Sheriff’s deputies arrested and charged
two men for possessing 155 pounds of marijuana, valued at more than
$155,000, in their vehicle at a traffic stop Sunday. Butler County
Richard Jones is calling the case evidence that the Mexico-U.S. border
Talking Points Memo obtained the U.S. House Republicans’ political playbook for the congressional recess.
One highlight: “Remarkably, the packet includes virtually no discussion
of immigration reform — a major issue pending before the House after
comprehensive legislation passed the Senate.”
Here are 36 photos showing anti-gay Russians attacking LGBT activists.
Researchers from Heptares Therapeutics, a drug company, have found the molecule responsible for stress, hopefully giving them the ability to create drugs that precisely fit into its structure.
by German Lopez
Pepper calls on DeWine to stop court battle against local gay couple
The debate over same-sex marriage came to the forefront of
Ohio’s attorney general race after Democratic candidate David Pepper
drew up an online petition calling on Attorney General Mike DeWine to
drop a court battle against a local gay couple.
Pepper’s petition is in direct response to the legal
battle surrounding Cincinnatians Jim Obergefell and John Arthur, who legally married
in Maryland last year and won legal recognition of their marriage in
Arthur’s Ohio death certificate. (Arthur passed away after suffering
from amyotrophic lateral sclerosis, a neurological disease that causes
muscles to rapidly deteriorate.)
The case originally applied only to Obergefell and Arthur,
but U.S. District Court Judge Timothy Black on Dec. 23 cited equal
protection grounds to force state officials to acknowledge gay marriages
in all Ohio death certificates.
With DeWine’s office acting as the attorneys in the case, the state intends to appeal the ruling.
The attorney general’s office told CityBeat it’s up
to the Ohio Department of Health, the plaintiff in the case, to decide
whether to appeal the ruling. Citing attorney-client privilege, DeWine’s
office declined to comment on whether DeWine offered legal advice for
or against the appeal.
But DeWine previously defended his intention to uphold Ohio’s
constitutional ban on same-sex marriage, which voters approved in 2004.
“Our job is to defend Ohio’s constitution and defend what voters have voted on,” he told WKSU Public Radio.
In his petition, Pepper argues it’s DeWine’s duty to
uphold the U.S. Constitution and protect the local couple’s
court-established marriage rights.
“What a waste of taxpayer dollars, and what a misuse of an
office whose duty is to stand up to — not for — the unconstitutional
treatment of Ohioans,” the petition reads.
While DeWine and Pepper will face off in the upcoming
November ballot, same-sex marriage could appear on the ballot as well — despite
disagreement among LGBT groups on the timing.Pepper’s petition can be read and signed here.
by German Lopez
Tea party drops challenge to Kasich, gay marriage in 2014 election, city faces parking issues
Tea party leader Ted Stevenot won’t run against Gov. John
Kasich in a Republican primary after all. The development came just four
days after Stevenot announced his candidacy. Stevenot said his decision
to pull out had nothing to do with his running mate’s tax problems,
which The Columbus Dispatch uncovered shortly after Stevenot
announced his intention to run. Stevenot’s withdrawal comes despite
building tea party opposition against Kasich over his support for the
Obamacare-funded Medicaid expansion and his unwillingness to support
anti-union “right-to-work” legislation.
The debate over same-sex marriage reached the state
attorney general’s race Friday when Democratic candidate David Pepper
published an online petition calling on Republican Attorney General Mike
DeWine to stop the state-sanctioned legal battle against a local gay
couple. On Dec. 23, U.S. District Court Judge Timothy Black ruled that
state officials must recognize same-sex marriages on death certificates,
including the union of Cincinnatians Jim Obergefell and John Arthur.
But the state is appealing the ruling. DeWine’s office said it’s up to
the Ohio Department of Health, the plaintiff in the case, to appeal
Black’s decision. Citing attorney-client privilege, DeWine’s office
declined to comment whether he advised for or against appeal.When Pepper and DeWine face off in the November election, same-sex marriage legalization could appear on the ballot as
well — despite LGBT groups’ disagreement over the ballot initiative’s
With the parking privatization plan presumably dead, Mayor
John Cranley and City Council plan to address what to do with
Cincinnati’s lackluster parking system in the next couple months. By all
accounts, the system is broken and in need of upgrades. The question is
how to fund the upgrades and leverage parking revenue so it can better
finance basic services and development projects. When asked whether
privatization is still on the table, Cranley says he’s only open to
leasing parking garages, not parking meters, to the Greater Cincinnati
Port Authority.Another issue looming for city officials: Their desire to
structurally balance the budget without raising taxes or draconian
spending cuts. CityBeat covered the issue in greater detail here.Frigid weather led area schools to close today,
including the region’s public universities. For developing weather
information, follow #cincywx on Twitter.Dayton gets a new mayor today.
Ohio was snubbed for a coveted drone testing program, much
to the chagrin of state officials who are now touting partisan claims
as reasons why.Ohio gas prices dropped in time for the first full work week of 2014.A study found no evidence of time travelers on the Internet.Follow CityBeat on Twitter:• Main: @CityBeatCincy • News: @CityBeat_News • Music: @CityBeatMusic • German Lopez: @germanrlopez
0 Comments · Wednesday, October 30, 2013
A panel of nine criminal justice
officials on Oct. 25 recommended limiting access to Ohio’s facial
recognition program and establishing protocols that would seek to make
the program less prone to abuse.