by Nick Swartsell
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, October 8, 2014
Cincinnati’s LGBT community on Oct. 2
celebrated another move toward legal equality when City Council
celebrated the launch of the city’s domestic partner registry during a
press conference on the steps of City Hall.
0 Comments · Wednesday, November 6, 2013
The Ohio Department of Taxation last week
released separate tax forms that will allow gay couples who live in the
state but got married in another state to jointly file for taxes at the
federal level. But because of Ohio’s constitutional ban on same-sex
marriage, same-sex couples won’t be able to jointly file for taxes at
the state or local level.
1 Comment · Wednesday, March 27, 2013
I’d pay to see a lineup of all
the children and grandchildren of right-wingers — especially those
directly responsible for legally shoving their definitions of “family”
down all our throats — all come out publicly in a public square. I bet there are a shit-ton of ’em.
Are Ohioans ready to recognize my gay marriage?
4 Comments · Wednesday, November 28, 2012
In 2004, while most Democrats around me
reeled from the defeat of John Kerry, I had other post-election
problems: Gay marriage and same-sex
civil unions had been officially banned in Ohio. I was devastated. I was 14 back then. If I had been 14 in 2013, it’s
increasingly looking like my story of that age would have been very