0 Comments · Wednesday, March 11, 2015
The U.S. Supreme Court has scheduled a
hearing that will decide the fate of same-sex marriage bans in Ohio and
three other states.
by Nick Swartsell
23 days ago
Posted In: News
at 02:07 PM | Permalink
Ruling will decide the fate of same-sex marriage in Ohio and three other states
The U.S. Supreme Court has scheduled a hearing that will decide the fate of same-sex marriage bans in Ohio and three other states. On April 28, the court will hear arguments over whether same-sex marriage bans in Ohio, Kentucky, Michigan and Tennessee violate the equal protection clause of the Constitution. Ohio’s ban passed as an amendment to the state’s constitution in 2004. Ohio Attorney General Mike DeWine and other ban supporters say upholding the ban is about protecting voters’ rights to enact laws via the democratic process. But opponents equate same-sex marriage to now-protected civil rights such as provisions upholding voting rights and school integration that had to be upheld by decisions from the courts. They also cite more recent polls that show attitudes toward same-sex marriage are shifting.Last year, a three-judge panel in the U.S. Sixth Circuit Court in Cincinnati upheld the bans in the four states in a 2-1 decision, agreeing with DeWine’s argument. But there are signs the Supreme Court may not agree.Other circuit courts across the country have thrown out similar bans. And in June 2014, the nation’s highest court struck down a 1996 federal law that effectively banned same-sex marriage in a narrow 5-4 decision. The five justices opposed to the federal bans included reliably liberal Justices Ruth Bader Ginsburg, Elena Kagan, Sonia Sotomayor and Stephen Breyer as well as moderate Justice Anthony Kennedy, who many legal experts believe represents the crucial vote for matters pitting liberals against conservatives on the court. All five justices who voted to strike down the federal ban remain on the court, though some have joined its more conservative wing in upholding other bans, most notably California’s 2008 ban.Among the four cases to be presented in arguments over Ohio’s ban is a lawsuit against the state by James Obergefell of Cincinnati. Obergefell sought to be listed as the spouse of his terminally-ill longtime partner John Arthur on Arthur’s death certificate. The state refused to allow that, even though the two were legally married in another state. Arthur died in October 2013. After oral arguments, the Supreme Court is expected to rule on the cases sometime in June.
0 Comments · Wednesday, February 18, 2015
Sometimes you hear about a particular
thing you don’t care about with such frequency that you wonder if you
are supposed to start caring about it or if those who shape our society
are just hellbent on distracting you from important things that are
occurring in the world we live in.
by Nick Swartsell
137 days ago
Posted In: News
at 10:16 AM | Permalink
City initiative seeks to boost veteran employment; study finds Ohio's charter schools low-performing; Obama takes on net neutrality
Hello all. Hope you’re ready for some news, because I’ve got a bunch for ya.First, happy Veterans Day! Here’s a timely bit of news: Cincinnati City Council members Chris Seelbach and Wendell Young announced an initiative yesterday to track the number of veterans employed by the city in an effort make Cincinnati the most welcoming city in the country for veterans. The initiative will require contractors working on city projects to report how many veterans are employed on those projects, as well as keeping track of how many the city itself employs.“This data will show how your tax dollars help grow opportunities for our veterans and keep their families employed and growing in our region,” Seelbach said in a statement. After the data is collected, the city will work with contractors and veterans service agencies in the city to improve veteran employment opportunities. In the years after 9/11, unemployment for vets has remained stubbornly high, even as unemployment for the general population starts to fall.• The Human Rights Campaign, one of the biggest LGBT rights advocacy groups in the country, has chosen Cincinnati as the place it will unveil its 2014 Municipal Equality Index, which measures how welcoming cities are to members of the LGBT community. They’ll release the results tomorrow at Memorial Hall. Check out our brief piece here for more details. • Mayor John Cranley and Hamilton County Commissioner Todd Portune want to explore the possibility of the city and county sharing certain services in an effort to boost efficiency for both. You can read more in our blog post from yesterday, but here’s the short take: It’s not a new idea, and there are a lot of political hoops to jump through that have kept shared services from happening in the past. But there’s also a lot of interest in the idea, and Cranley and Portune say their proposal will work. They’ll be asking City Council and county commissioners tomorrow to approve the creation of a task force that will meet regularly to oversee city-county cooperation.• Downtown’s Horseshoe Casino last month had its lowest-grossing month since opening in March 2013, taking in just under $14 million. A crowded field of gambling options in the region, including neighboring Hollywood Casino in Lawrenceburg, Indiana has contributed to the low earnings. • While we’re talking about Indiana: Will the default of a major tollway in that state make financing the Brent Spence Bridge replacement more difficult? It’s a possibility, some investment experts say. A company contracted to manage the $3.85 billion Indiana Toll Road went bankrupt this fall, which could have ripple effects for a similar Brent Spence project, spooking investors who might otherwise be interested in it. Another interesting wrinkle in this story is that the Indiana project fell behind financially because of declining traffic on the Indiana toll road, a result of fewer folks using cars to get from point A to point B. • Ohio’s charter schools are some of the lowest-performing in the country, a recent study found. The Stanford University research shows that after a year in an average Ohio charter school, students lag behind public school pupils in reading and math. Ohio’s schools were the fourth-lowest out of 26 states studied in terms of performance. An analysis by the Akron Beacon Journal suggests that for-profit charter schools are the reason for much of the performance disparity, with 14 of the state’s 16 lowest-performing charters run by for-profit companies. Eight of the top 12 charter schools, meanwhile, are run by non-profits. The analysis notes there are some exceptions to the rule, however, including three suburban Columbus charters run by New York-based company Mosaica Education. You can read the whole report here.• Days after the U.S. 6th District Court of Appeals here in Cincinnati upheld the region’s same-sex marriage bans, the Supreme Court has put a temporary delay on removal of a similar ban in Kansas. After a district court there struck down the state’s ban, Kansas requested the Supreme Court put that decision on hold. Supreme Court Justice Sonia Sotomayor asked for response from same-sex marriage advocates to the state’s request, and in the meantime has temporarily delayed the removal of the state’s ban on gay marriage. The district court’s ruling was set to go into effect at 6 p.m. today, allowing same-sex couples in the state to wed. The ruling is just a temporary delay, however, and doesn’t signal whether the Supreme Court will ultimately rule in favor of the state.• President Obama has made some of the most definitive statements of his presidency lately in regard to his support for net neutrality, saying yesterday that measures to ensure that Internet service providers treat online content equally is "a big priority of mine." The statement seemed like a bit of surprise to FCC Chair Tom Wheeler, a former telecom executive appointed by Obama. He's responded that the FCC is an independent agency and will do what it sees fit. The question, of course, is why Obama nominated a telecom exec to be FCC chair in the first place, but yeah. The battle over net neutrality was already raging well before Obama took office but has intensified in recent years as telecom companies seek to create what opponents describe as "fast lanes" that give faster service to some kinds of content over others. Obama is pushing to reclassify ISPs as utilities instead of communications companies, which would give the federal government more power to regulate them and enforce rules about equal treatment of data flowing through ISPs' networks. • A Deer Park man claiming he was Jesus has been taken into custody for mental evaluation, police there say. The man apparently made threats to a locally based, national-level politician and authorities are assessing what kind of risk he poses to others. Mental health is a serious issue, of course, but I really have to point out the epic one-liner this guy got off during a 911 call about his condition."I'm messed up," the man said to a 911 operator. "Can you tell my father I'm OK?""OK, where is your father at?" the operator asked."Uh, everywhere," the man claiming to be Jesus responded. Zing.
by Nick Swartsell
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.”
0 Comments · Wednesday, October 8, 2014
The U.S. Supreme Court on Sept. 29 issued
a stay on a decision by lower federal courts that had extended early
voting hours in Ohio, effectively reverting the state’s early voting
schedule back to one drawn up by conservative lawmakers.
0 Comments · Wednesday, July 2, 2014
A woman was accidentally shot during a concealed carry
demonstration at a Pennsylvania gun show on June 28. The victim said she
feels bad for the gun owner, and she’ll still attend gun shows in the
future. WORLD -1
0 Comments · Wednesday, June 11, 2014
Developments at the U.S. Supreme Court and Colorado legislature demonstrate how government restricts our access to news.
by Hannah McCartney
Plaintiffs: Out-of-state same-sex marriages must be treated equally
A gay couple living in Ohio has filed a lawsuit today against the state of Ohio for failing to recognize their Maryland-certified same-sex marriage, which they claim is discriminatory because the state is required to recognize any certified heterosexual marriage from another state as valid. Jim Obergefell and John Arthur, who suffers from amyotrophic lateral sclerosis (ALS), a progressive and disabling neurological disease that causes muscles to rapidly deteriorate, traveled to Maryland last week to officially tie the knot after remaining as partners for 20 years, reports Cincinnati.com. The trip reportedly cost nearly $13,000 for a chartered, medically-equipped plane, all of which was sourced by donations from friends and family. Arthur, 47, is a bed-ridden hospice patient and was diagnosed with ALS in 2011. In a press release from Gerhardstein & Branch, the legal association representing the couple, Obergefell stated that not recognizing Arthur's marriage on his death certificate, when the time comes, would be unconstitutional. "It is the final record of a citizen's life. It must be accurate. We hope that this can be one small step toward making marriage equality a reality in Ohio and perhaps all 50 states," he noted. Attorney Al Gerhardstein, who is representing Arthur and Obergefell, cites the 14th Amendment's Equal Protection clause, noting that the Supreme Court's historic overturn of DOMA has stripped states of the right to discriminate against couples who seek same-sex marriages. "John and James were validly married in Maryland. If they were an opposite sex couple, Ohio would recognize their marriage. Being a same-sex couple is no longer a good enough reason to deny them equal rights.”As an example, he explains that should two first cousins fall in love in the state of Ohio, they can't be wed in Ohio and have their union recognized; however, should they travel to Georgia, where marrying your first cousin is legal, they could come back to Ohio and have a recognizable union under state law, enjoying the same benefits as any other heterosexual married couple in Ohio. The same rules would follow for other stipulations prohibited under Ohio law, such as getting married underage in another state where the union would be legal. Defense attorneys Terry Nester and Bridget Koontz were not available for comment. CityBeat will update this story with any changes. Gerhardstein told CityBeat that the plaintiffs will go before U.S. District Court Judge Timothy Black on Monday, July 22, to ask for an expedited ruling in light of Arthur's rapidly deteriorating condition. "Had the Supreme Court made this decision one year ago, this would have been as simple as us taking a trip because I could still walk. It's the progression for me of the ALS, it's...it's just compounded everything," he told Cincinnati.com camera crews earlier this week.
by German Lopez
Pay-to-stay jail policy criticized, locals react to LGBT rulings, council OKs streetcar funding
The Hamilton County Jail charges its inmates a fee for
incarceration, and a new report from the American Civil Liberties Union
of Ohio (ACLU) suggests the practice harms low-income inmates and raises little money for the county. CityBeat
got an exclusive early look at the report, which scrutinized three
counties for their pay-to-stay policies. Among the three samples,
Hamilton County had the second lowest fees and did the second
least harm to low-income people, according to the report. Although the
ACLU was hopeful the report and the election of a new sheriff would
inspire some change, Hamilton County officials told CityBeat that no changes are planned.
The U.S. Supreme Court yesterday struck down the federal ban on same-sex marriage, and some local and state leaders had a few things to say about it.
The reactions seem to vary depending on a partisan basis, with
Republicans in opposition and Democrats in favor. Rest assured: Here at CityBeat, we favor giving equal rights to people no matter their sexual orientation or gender identity.
City Council yesterday approved funding and accountability measures for the Cincinnati streetcar project
and funding for development at Fourth and Race streets, which will
include a downtown grocery store. The streetcar measures close the
project’s $17.4 million budget gap by issuing more debt and pulling
funding from various capital projects, including infrastructure
improvements around the Horseshoe Casino. The accountability measures,
which were initially introduced by Vice Mayor Roxanne Qualls, require
the city manager to update City Council with a timeline of key
milestones, performance measures, an operating plan, staffing
assessments and monthly progress reports.
Commentary: “The Little Engine That Could.”
Make sure to check out CityBeat’s extensive LGBT coverage for our Pride Issue here, including a mini-profile of Councilman Chris Seelbach and his partner.
It’s local election season. In the next five months, City Council will meet only seven times, down from the typical 14.
Odis Jones is leaving his post as Cincinnati’s director of economic development
to become CEO of the Detroit Public Lighting Authority, a city-run utility
operated by an independent board. Jones was known at City Council
meetings for making passionate pitches for various economic development
projects, including the most recent plans for Fourth and Race streets.
He told Business Courier he wants to go to Detroit to play a role in the revitalization
of his hometown: “My mother always said, 'If you see a good fight, get
in it.' I'm in it.”
The Ohio House voted to ban red-light cameras
despite arguments that the cameras have reduced
traffic accidents and saved lives. An Ohio Senate vote is expected in
NASA is teaming up with Italy and Japan on a mission to Mercury.
Researchers found wearing a T-shirt with the letter “T” on it makes men more attractive. Critics of the study argue attractive men would be better with no shirt — or pants — at all.