by Hannah McCartney
Becker worried a same-sex marriage case will turn U.S. socialist, make him cry
When my brother and I were little kids, we used to play
board games all the time, and because I was older and smarter I usually
won. Back in those days, my little bro didn’t really understand the
concept of sportsmanship and he would sometimes defiantly flip over the entire Stratego
board when I started to win a game and get really close to finding his flag, and then he’d storm off and say I
cheated (I didn’t cheat, Dylan!).
Republican Rep. John Becker is pretty upset that a
terminally ill gay man has earned the right to die in peace, and now
it’s become a very real possibility that other gay Ohioans might also
get to die (and live) in peace. And, just like my brother, he’s kind of trying to
ruin the game for everyone just because he’s losing.
In July, Judge Timothy Black heard the case of Jim
Obergefell and John Arthur, a long-term gay couple who flew to Maryland
to marry at the beginning of the month because Arthur is terminally ill,
in hospice care, and not expected to live much longer.
Obergefell and Arthur sued the state of Ohio for
discrimination in not recognizing their out-of-state gay marriage, legal
and recognized in Maryland, when other gay couples residing in states
recognizing same-sex marriages and subsequently moved to Ohio would have
their marriages treated as valid. And because Arthur is terminally ill, it's just as much for the emotional connection as it is for any kind of economic benefit. Here's what Obergefell wrote in his original complaint (grab a tissue):“Our legacy as a married couple is very important to John
and me… in two or more generations our descendants will not know who we
are. Married couples, often through research based on death records,
have recognition for their special status forever. I want my descendants
generations from now who research their history to learn that I loved
and married John and that he loved and married me. They will know that
they had gay ancestor who was proud and strong and in love.” In his ruling, Black called the case “not complicated,”
explaining that he’d allow the marriage to be legalized on Arthur’s
death certificate because it was likely a constitutional violation that
the state of Ohio treated lawful out-of-state same-sex marriages
differently than lawful out-of-state same-sex marriages.
In September, he ruled to allow the marriage of another gay
couple — David Michener and William Herbert Ives — after Ives
unexpectedly passed away in late August. Although these aren't (yet) blanket rulings, they're being interpreted as monumental victories for supporters of marriage equality.
Becker, then, decided to do the political equivalent of my
brother running to my mom and accusing me of cheating; he wrote U.S.
Rep. Brad Wenstrup and called for Black to be impeached for “malfeasance
and abuse of power,” which apparently made him really concerned about
the “federal government’s ever growing propensity to violate state
Unfortunately, though, U.S. District Court judges are
appointed for life, so since Becker’s claims against Judge Black are
totally unfounded, Black is free to continue to anger Becker and other people who don't approve of equality for gay couples. Alphonse Gerhardstein, the attorney for both couples, calls Becker's response to the rulings "bullying.""Federal judges are granted tenure for life for a reason. It's their job to enforce core principles even when the majority disagrees," he says. "Look at the Dred Scott case. I think most people would agree that's the worst case decision ever made by a judge, and even he didn't get impeached." (In case you forget, he's talking about Dred Scott v. Sandford, the landmark 1857 U.S. Supreme Court ruling that ruled black people weren't citizens.) Things that actually can get a judge impeached, says Gerhardstein, are offenses like having sex with a criminal defendant or taking bribes. On Wednesday, Sept. 25, the court added licensed funeral director Robert Grunn, who is responsible for registering deaths and providing personal information to the state on what should go on a death certificate, to the list of plaintiffs. Grunn currently serves same-sex couples when he signs death certificates, says the lawsuit, including those with marriages recognized outside the state of Ohio. The lawsuit, if successful, could require all funeral directors to recognize gay clients as married on death certificates if they were legally married in a different state. Gerhardstein also says since accepting Arthur and Obergefell's case, he and his colleagues have received inquiries from between 30 to 50 other gay couples seeking legal recognitions of their out-of-state marriages. For now, he says, he and his firm are concentrating on cases specifically involving recognizing same-sex marriages on death certificates, although this litigation could (and probably will) lead to other blanket rulings on how same-sex marriages are recognized in Ohio. Another hearing with Judge Black is scheduled for Dec. 18.
by German Lopez
Posted In: News
at 10:00 AM | Permalink
LGBT groups, civil libertarians and legislators involved in “big marriage push”
LGBT groups, civil libertarians and legislators are coming
together in Cincinnati, Cleveland and Columbus today to announce Why
Marriage Matters Ohio, a new statewide effort to educate and persuade
Ohioans to support legalizing same-sex marriage.
Evan Wolfson, founder and president of Freedom to Marry,
explained the campaign’s purpose in a statement: “Why Marriage Matters
Ohio aims to encourage neighbor-to-neighbor conversations across the
state, inviting people to talk about their own individual journeys
toward support of the freedom to marry and their values of respect for
commitment and treating others as we’d all want to be treated. Personal
stories are the best conversation starter — and conversation is the best
way to help people understand that all loving and committed couples in
Ohio, gay and non-gay alike, should be able to share in the freedom to
marry and the security and meaning marriage brings.”
The campaign involves the American Civil Liberties Union
of Ohio, Equality Ohio, Freedom to Marry and the Human Rights Campaign. The efforts have been endorsed by faith and business
community leaders, according to the groups.
“Marriage is the ultimate recognition of loving
relationships,” State Rep. Denise Driehaus, a Cincinnati Democrat, said
in a statement. “It's time for Ohio to get down to business and start
respecting all marriages.”
In Cincinnati, Driehaus is announcing the campaign with Jim Obergefell, a
Cincinnati resident who’s having his marriage recognized on his spouse’s
death certificate as a result of a court order in favor of marriage
equality. When issuing that court order, U.S. District Judge Timothy
Black cited a U.S. Supreme Court ruling earlier in the year that deemed
the federal government’s anti-gay marriage laws unconstitutional.
Public officials and supporters are lining up in two other Ohio
cities to support the campaign: U.S. Sen. Sherrod Brown is speaking in
Cleveland, and Elyzabeth Holford, executive director of Equality Ohio, is making the announcement in Columbus.
According to a statement issued by the campaign, the effort is partly in response to recent public polling.
The 2013 Ohio Values Survey from the Public Religion Research Institute
found Ohioans evenly divided on same-sex marriage: 47 percent supported
it and 47 opposed it. But 51 percent said they oppose amending the
state constitution to legalize marriage equality.
Still, the survey findings went against previous polls from The Washington Post and Quinnipiac University, which found a plurality of Ohioans now support allowing same-sex marriages in the state.
Beyond allowing gay couples to share in the same rights as straight couples, same-sex marriages could also boost Ohio’s economic and job growth.
A previous study from Bill LaFayette, founder of Regionomics, LLC,
found that Ohio’s gross domestic product, which measures economic
worth, would go up by $100-$126 million within three years of same-sex
marriage legalization and sustain 740 to 930 jobs within the first year
of legalization, 250 to 310 jobs within the second year and 170 to 210
jobs within the third year.
The education push comes in time for a broader effort to legalize same-sex marriage. FreedomOhio originally planned to get the issue on the ballot this year, but it delayed the initiative for the 2014 ballot.
by German Lopez
Gay marriage still recognized; Ohio could expand, save on Medicaid; death after Taser use
A federal judge on Tuesday extended the temporary restraining order recognizing a gay couple’s marriage in Ohio. As CityBeat covered here,
Jim Obergefell and John Arthur, who suffers from amyotrophic lateral
sclerosis (ALS) and is expected to die soon, sued local and state
officials hoping to have their Maryland marriage acknowledged by Ohio
before Arthur’s death certificate was issued. Judge Timothy Black sided
with the couple, and he’s now extended the temporary restraining order
until December, which should provide enough time for Arthur’s expected
death and the remaining legal battle. The judge has made it clear that
the order only applies to Obergefell and Arthur.
Ohio could spend less on Medicaid if it expands eligibility for the program, according to a new analysis
from Ohio State University and the Health Policy Institute of Ohio. But
the expansion would have to come with cost controls that cap spending
growth at 3.5 percent to 4 percent, as opposed to the current rate of
7.2 percent. Still, the analysis shows that policies including an expansion can
save the state money. Under the Affordable Care Act (“Obamacare”), the
federal government is asking states to expand Medicaid to include anyone
at or below 138 percent of the federal poverty level. In return, the
federal government would pay for the entire expansion for the first
three years then phase down its payments to 90 percent of the
expansion’s cost. Typically, the federal government pays for about 60 percent of Medicaid in Ohio.
A Sycamore Township man died yesterday after Hamilton County deputies used a Taser on him
during a brief struggle. Deputies found Gary Roell, 59, half-clothed
and smashing windows right before they took him into custody. It’s
unclear how many times the Taser was used or whether the Taser was the
direct cause of death. Hamilton County Sheriff Jim Neil says the deputies
followed protocol, given the violent actions carried out by Roell, who punched a
deputy in the face during the confrontation. Still, some groups have
been asking police departments around the country to change protocol
altogether. A 2012 report from Amnesty International
found at least 500 people died in the United States between 2001 and
2012 after being shocked with Tasers during their arrests or while in
The 2013 Ohio Health Issues Poll found that higher-income Ohio adults reported better health than those with lower incomes.
In 2013, 59 percent of Ohio adults above 138 percent of the federal
poverty level, or roughly $15,856 for a single-person household,
reported “excellent” or “very good” health, compared to only 26 percent
of those below 100 percent of the federal poverty level, or about
$11,490 for a single-person household. The United Way of Greater
Cincinnati is pointing to the results as just one other way life is more
difficult for low-income Ohioans. The group intends to get at least 70
percent of the community to report “excellent” or “very good” health by
2020. Only about 53 percent of adults in southwest Ohio currently
report such health, according to the Ohio Health Issues Poll.
Hamilton County is still offering its free recycling program for electronic equipment, including computers and televisions, until noon on Oct. 26.
The Ohio Investigative Unit (OIU) today sent out a warning
to college students asking them to watch out for drugged drinks. OIU provided four safety tips: Alcoholic and non-alcoholic drinks can be
drugged, students shouldn’t leave a drink laying around or turn their
backs on it, they shouldn’t accept drinks from strangers or someone they
don’t trust, and students should watch their friends’ drinks and
act if they see anything suspicious. The Ohio Incident Based Reporting
System (OIBRS) shows there were 14 incidents of forcible rape with drug
as a weapon in 2012, but not all Ohio police departments report to
OIBRS, so the numbers are likely understated.
A developer is planning to build 20 apartments in the mostly vacant Schwartz office building on Main Street, along the streetcar’s planned route.
Developers are still working on building apartments above the Fountain Place retail complex, as announced nine months ago.
Another steakhouse is opening in downtown Cincinnati.
Delta is now offering direct flights from Cincinnati to Punta Cana, Dominican Republic.
Jungle Jim’s sold a $1 million Mega Millions ticket.
Watch lab-grown heart tissue beat on its own here.
1 Comment · Wednesday, July 24, 2013
So I could’ve married my cousin, Marc,
when I was 13 in Tennessee and we could now be 35 years into Ohio-based
bliss but, so far, I cannot marry my partner anywhere else and legally
leave her any of my crap in Ohio? SMH. And this is what the Obergefell/Arthur family is upset about.
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.
0 Comments · Wednesday, July 17, 2013
About three women in India are victims of acid attacks each week, reports The Atlantic Wire. WORLD -2
by German Lopez
U.S. Supreme Court strikes down federal ban on same-sex marriage
The U.S. Supreme Court today struck down the federal
Defense of Marriage Act (DOMA) in a ruling that effectively requires the
federal government to recognize same-sex marriages for couples who
reside in states where same-sex marriage is legal.
The DOMA ruling also sets a powerful historical precedent by extending equal protection rights to gay and lesbian individuals.In another ruling, the Supreme Court vacated a case on California’s Proposition 8, which banned same-sex marriage in that state, and effectively sent the case back down to a lower court that deemed Proposition 8 unconstitutional. The ruling means California will likely begin giving marriage licenses to same-sex couples, but the ruling’s effects will not go beyond California’s borders.
For gay and lesbian Ohioans, the DOMA ruling adds yet another incentive to legalize same-sex marriage in the state. If FreedomOhio’s efforts to get the issue on the ballot in 2014 are successful, Ohio’s gay couples will have their marriages recognized at all levels of government. (The group previously aimed for 2013, but it now says it needs more time.)
So far, it remains unclear whether the ruling will extend
to same-sex couples who get married in other states but live in Ohio. If so, Ohio gay couples could get married in Massachusetts, return to Ohio and be eligible for federal marriage benefits — but not state marriage benefits. Legal experts and federal officials will surely debate the
issue in the coming months to develop a clearer answer.
Still, there’s been a lot of cheering and jubilation about
the historical rulings, which are widely seen as victories for LGBT rights. Below are some of
those reactions from local and state leaders, gathered through
interviews and statements.Also, make sure to check out CityBeat's Pride Issue for more coverage on LGBT issues.
Councilman Chris Seelbach, Cincinnati’s first openly gay council member:
“It’s pretty amazing. Just as President Obama when he
announced his support for marriage equality, this feels like just as
much of a milestone, if not more because of the legal significance of
the rulings. This is proof that the tides have turned and the laws are
changing. We are realizing full equality for LGBT people across this
“The fact that they used the equal protection clause means
this case will be used across the country for every type of law that
has an impact on LGBT people. The Supreme Court just set a new precedent for
the rights of any government to discriminate against gays and lesbians.
It’s far broader than just the repeal of DOMA, which in itself is an
incredible feat. But the precedent that it’s setting for scrutiny on the
basis of sexual orientation will have an effect on laws throughout this
country for decades to come.”
Ian James, co-founder of FreedomOhio:
“We are elated that the Supreme Court has repealed DOMA
and in effect rejected Proposition 8. These decisions are proof that the
tide of acceptance for all couples is turning in this country, and we
have taken two more important steps toward true equality.
“This important moment, however, does not change the
reality that Ohio still has a constitutional amendment banning
same-gender marriage. Ohio voters can address the civil rights issue of
our generation by voting for the Freedom to Marry and Religious Freedom
amendment. We are elated and our resolve has been doubled to collect
signatures. The journey continues. We will bring marriage equality to
Ohio in November, 2014.”
Chris Redfern, chairman of the Ohio Democratic Party:“I’m
deeply thankful that the Defense of Marriage Act has finally been
struck from our country’s books, and that millions across the nation and
Ohio are one step closer to equal and fair treatment under the law.
DOMA implemented discrimination into the highest law of the land, and
it’s a great day that this ugly reminder of a different time is finally
gone. “Ohio Democrats are honored to stand with our LGBT brothers and sisters
in the fight to earn marriage equality for all, and continue our march
to overcome the prejudice of the past. But despite our victories across
the nation, Ohio Republicans in the Statehouse and Governor’s office
remain committed to keeping prejudice enshrined in law.” John Boehner, U.S. Speaker of the House and Republican from West Chester, Ohio:
“Congress passed the Defense of Marriage Act on an
overwhelmingly bipartisan basis and President (Bill) Clinton signed it into
law. The House intervened in this case because the constitutionality of a
law should be judged by the Court, not by the president unilaterally.
While I am obviously disappointed in the ruling, it is always critical
that we protect our system of checks and balances. A robust national
debate over marriage will continue in the public square, and it is my
hope that states will define marriage as the union between one man and
German Lopez, gay staff writer at CityBeat:
“Cool.”Danny Cross, CityBeat editor: “DOMA was a real horseshit piece of legislation, and we're happy those old bastards in the Supreme Court did the right thing.”Update (1:47 p.m.): Added more reactions.
Publicly challenging the issue of custodial rights for homosexual couples
0 Comments · Wednesday, June 26, 2013
Michele Hobbs and Amanda Broughton have
been together for almost five years, married for two, and during this
time they’ve accomplished everything they set out to do as a couple.
by German Lopez
DOMA struck down, more anti-abortion measures added to budget, local employment rises
The U.S. Supreme Court struck down the federal Defense of Marriage Act
today in a broad ruling that requires the federal government to
recognize same-sex marriages for couples who reside in a state where
same-sex marriage is already legal. The ruling effectively extends equal
protection rights to same-sex couples. For gay and
lesbian Ohioans, that means same-sex marriage must be legalized in Ohio
before the federal government is required to recognize it. FreedomOhio
is already aiming to legalize same-sex marriage in the state with an
amendment that could be on the ballot this year, which CityBeat covered in an in-depth report here.
Republican state legislators added another anti-abortion measure
to the state budget yesterday, which will require doctors to perform an
external ultrasound for a heartbeat then inform the patient if one is detected. The provision is in addition to other anti-abortion
measures already in the budget, including less funding for Planned
Parenthood, funding for anti-abortion crisis pregnancy centers and regulations that will allow the state health director to shut down abortion
clinics. CityBeat covered those measures in further detail here. “This is continuing to go way overboard by a majority obsessed with abortion,” said Rep. Mike Foley (D-Cleveland).
Cincinnati-area employment dramatically increased in May,
up 6,400 from April and 5,400 from the year before, according to new
data from the Ohio Department of Job and Family Services. Although the
unemployment rate went up between April and May, it went down year over
year — the measure economists prefer to look at to control for seasonal
factors, such as hiring picking up during the summer because of outdoors
work.StateImpact Ohio says the new tax plan in the proposed 2014-2015 budget could make it more difficult
to pass future school levies. The plan cuts income taxes for all
Ohioans and particularly business owners, but it raises sales and
property taxes to balance the cuts. CityBeat covered the tax plan in further detail here.
The U.S. Department of Housing and Urban Development (HUD)
is giving Cincinnati a $37 million loan guarantee for economic and
housing development projects that aim to benefit the region’s neediest.
In a statement, HUD estimated some of the economic development projects
will create at least 350 new jobs.
Cincinnati is continuing efforts to obtain the Wasson Way line, which the city plans to develop into a bike and hike trail.
The other side of the river is getting some love, too: More luxury apartments are coming to Newport.
Cincinnati was ranked No. 9 smartest city in a recent Movoto blog list.
Ohioans may be souring on President Barack Obama. A Quinnipiac University poll found his approval ratings at 40 percent, his lowest grade ever in the state.
Obama proposed an extensive plan to combat climate change yesterday. The plan will not require congressional approval.
The cure for cancer could be found in space. Apparently, microgravity environments are optimal for cancer research.
by German Lopez
LGBT issue could become point of contention in 2014 race
Democratic gubernatorial candidate Ed FitzGerald told Outlook Columbus in a May 17 interview that he supports same-sex marriage, drawing a strong contrast to Republican opponent Gov. John Kasich, who is running for re-election in 2014.“I believe in full equality for all Ohioans, and that includes the LGBT community, and that includes issues not just related to marriage, but also employment and housing,” FitzGerald told the magazine, which focuses on LGBT issues.He added, “If it’s on the ballot, I’m going to vote for it. If something comes across my desk when I’m governor, I’m going to sign it.”FitzGerald's position puts him in opposition to Kasich, who previously reinforced his opposition to same-sex marriage and civil unions after implying support for same-sex civil unions in an interview with a local TV news station"The governor’s position is unchanged," wrote Kasich spokesperson Rob Nichols in a March 21 email to CityBeat. "He opposes gay marriage and opposes changing Ohio’s Constitution to allow for civil unions. He’s opposed to discrimination against any Ohioan and, while he may have used the term ‘civil union’ loosely in this instance, he recognizes the existing rights of Ohioans to enter into private contracts to manage their personal property and health care issues."Ohio and the rest of the nation have been moving toward supporting same-sex marriage in the past few years. A poll from The Washington Post in September 2012 found about 52 percent of Ohioans support same-sex marriage, and only 37 percent are against it, with a margin of error of 4.5 points.FreedomOhio, a group advocating for same-sex marriage, is currently gathering signatures and could place the issue on the Ohio ballot as early as 2013 ("The Evolution of Equality," issue of Nov. 28)."FreedomOhio thanks Mr. FitzGerald for his support of Marriage Equality and Ohio's Freedom to Marry and Religious Freedom amendment. FreedomOhio asks Governor Kasich to join Mr. FitzGerald and the majority of Ohioans who support the amendment that provides Strong Family Security while also Protecting the Religious Freedom of all houses of worship," wrote Ian James, co-founder of FreedomOhio, in an email to CityBeat. "We are pleased to count Mr. FitzGerald as a supporter of this important 46-word amendment."Update: This story was updated with a comment from Ian James, co-founder of FreedomOhio.