by Nick Swartsell
43 days ago
Posted In: News
at 09:59 AM | Permalink
City declares April 28 John Arthur day; crazy day at the state house; national press continually fixated on Clinton's burrito habits
Good morning, y’all. Before we get to the news this morning, I want to plug a cover story we have coming up in a couple weeks. I've been working on it since February, and I really hope you all will take a look when it goes up April 29. It deals with one of the city's forgotten neighborhoods, a group of people fleeing incredibly difficult circumstances and a place where cultures from around the world mix in an incredible way. The folks in the story deserve your attention for their courage and patience. That's all I'm going to say for now. I hope you'll check it out.There is a lot to talk about today, so I'll stop promoting and get to the news.Let’s start with the positive stuff first. Cincinnati City Council yesterday declared April 28 John Arthur day in honor of the late Over-the-Rhine resident and gay rights activist who passed away in 2013 from ALS. Arthur’s husband Jim Obergefell has since fought the state of Ohio to get his name listed on Arthur’s death certificate, a battle that will find its way to the U.S. Supreme Court April 28. The case will almost assuredly be a history-making event. Look out next week for our feature story on the battle that could determine the future of same sex marriage.• Council also locked horns, once again, on the streetcar yesterday. Councilman Chris Seelbach proposed a motion that would direct the city administration to prepare a report on possible funding for Phase 1B of the transit project. Sound like a small step? It is. But oh, what a fuss it raised. The next hour was dominated by arguments over the project, including recent revelations that revenue won’t be as high as anticipated, Mayor John Cranley again touting a residential parking permit plan as a way to make up some of the difference and calls from at least one council member to can the project entirely. After all the fireworks, the motion passed 5-4. You can read all about it in our coverage here.• What else is new around town? Well, our own Nick Lachey, of 98 Degrees fame, wants to turn over a new leaf (heh see what I did there?) as a marijuana farmer. Lachey has invested in a ballot initiative by marijuana legalization group ResponsibleOhio. In return for putting up money for the effort, which needs to collect more than 300,000 signatures by this summer to get its proposal on the November ballot, Lachey will become part owner of a marijuana farm in the city of Hudson, which is in northeastern Ohio. That farm will be one of 10 under ResponsibleOhio’s plan, which would restrict commercial cultivation to a select number of sites. The group also tweaked its proposal after some criticism, and the current plan would also allow home growers to grow a small amount for personal use. Critics, however, including other legalization efforts, still say the plan amounts to a monopoly.• Representatives from some area school districts, including Princeton City Schools, are lobbying in Columbus today in protest over state budgetary moves that would cut millions from their budgets. Princeton serves Lincoln Heights, Glendale, Woodlawn and much of Springdale and Sharonville in addition to other areas. Some school employees have taken personal days off from work to protest the proposed elimination of a state offset for the so-called Tangible Personal Property Tax. TPP was a big part of funding for many schools like Princeton. It was eliminated by lawmakers in 2007, but the state continued to funnel funds to schools to make up for the loss. Now, with Ohio’s new proposed budget, that offset will gradually be eliminated. Princeton receives nearly a quarter of its budget from the payments. It’s one of a number of schools on the chopping block from the new budget, which is a milder form of Gov. Kasich’s proposed financial blueprint for the state’s next two years. Kasich’s plan would have cut half of the districts in Ohio while increasing funding for the other half, mostly low-income rural and urban districts. State lawmakers have eased some of those cuts, but the prospect of losing money has caused ire among schools like Princeton, Lakota and others. • There are a lot of other things happening in the state house today. Lawmakers are mulling whether to eliminate funding for the Partnership for Assessment of Readiness for College and Careers, or PARCC, tests. The state’s GOP legislators would like to eliminate the $33 million used to administer the tests, effectively killing them off. Part of the reason lawmakers want to eliminate them is that they’re tied to so-called federal Common Core standards. State Republicans are generally opposed to the standards, though Gov. John Kasich supports them. The tests’ roll-out this year has also been rocky, marked by complaints about glitches and difficulty. But there could be a big price tag for the political statement being made by eliminating the tests: the loss of more than $750 million in federal money for education in Ohio, according to the Columbus Dispatch. • Elsewhere in the state house, the GOP is raising ire among its own with other measures in the state budget. Republican State Auditor David Yost has cried foul at an attempt to remove oversight of disputes about public records requests from his bailiwick. State lawmakers say that the auditor’s office is responsible for financial accountability of state offices, not their public records. They want to remove the auditor’s power to receive complaints about public records requests and issue information and citations about such requests. Yost says removing his office’s power to oversee public records request issues weakens his ability to hold other public offices accountable and is unconstitutional. The Ohio Newspaper Association has also come out against the move. Reporters file a lot of public records requests, after all, and I for one don't want to have to sue someone every time I want some information that YOU should be able to know.• What’s going on in national news, you ask? Stories about Democratic presidential hopeful Hillary Clinton’s Chipotle trip continue, revealing little other than the utter intellectual bankruptcy of some of the national political press. The initial story about the stop in the Maumee, Ohio, Chipotle earlier this week was a bit of a campaign stunt in and of itself (Hillary’s campaign staff tipped off the New York Times about the stop, leading to this incredibly important breaking news) and now we’ve just spun down into the dregs of mindless chatter about a burrito bowl. Not even a real burrito! Burritos are for eating, not for think-piecing. Why do you folks get paid to do this, again?Meanwhile, Kasich is getting some interesting press that could boost his chances in the Republican 2016 primary contest for the presidential nomination. National publications are calling him everything from the "GOP's Strongest Candidate" to the "GOP's Moderate Backstop." Ah, national media. Gotta love it.I'm out. Tweet at me, email me, hit me up on Livejournal. Just kidding. I haven't logged into Livejournal in forever. Weeks, at least.
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.
0 Comments · Wednesday, January 28, 2015
The city of Cincinnati added new capabilities to the
city’s parking meters in response to issues surrounding increased hours
and enforcement that went into effect at the beginning of the year.
by Nick Swartsell
Posted In: News
at 10:46 AM | Permalink
Court upholds Ohio same-sex marriage ban; McConnell says likely no tolls for Brent Spence; this 100-year-old transit map is crazy
Hey all. Here’s what’s going on around the city and beyond this morning.The 6th Circuit Court of Appeals in Cincinnati ruled yesterday to uphold same-sex marriage bans in Ohio, Kentucky, Michigan, and Tennessee. You can read more right here about that ruling, and whether it means a Supreme Court case on same-sex marriage.• Freshly reelected Sen. Mitch McConnell has weighed in again on the Brent Spence Bridge dilemma. The bridge, which is 50 years old and functionally obsolete, though still structurally sound, will need replacing. That comes with a hefty $2 billion price tag, however, which neither Kentucky nor the federal government seems eager to pay for. One solution proposed has been a toll road over the bridge, but that idea has met with stiff opposition from a cadre of Northern Kentucky and Cincinnati-area politicians, business leaders and others. McConnell said yesterday that opposition isn’t likely to fade anytime soon, but that there may be a possible solution… corporate tax breaks. He sees the potential for more highway funds that could be used for projects like the bridge through a corporate tax fix that he says could lure more companies back to the U.S.• McConnell’s fellow Republican Kentucky Senator Rand Paul dreamed up that highway funds proposal, and McConnell says he’s “intrigued.” There’s another news item here entirely, and one perhaps more interesting on the national stage. McConnell and Paul, who have had some cold relations in the past, have been pretty warm to each other lately, and McConnell has signaled he’d be supportive of a Paul presidential bid in 2016.• A bill to simplify Ohio’s tax system may also cost the state’s municipalities a ton of cash. The potential law would change the way businesses like construction companies are taxed, possibly cutting into municipal tax receipts. Mayor John Cranley, along with other regional political leaders, are fighting the bill, and may try to introduce a statewide ballot initiative should the bill pass in the Ohio Statehouse. • Kentucky’s Lt. Governor Jerry Abramson is on his way out of the state, heading for the White House. He’ll be a deputy assistant to President Obama, helping the prez and the federal executive branch coordinate with other governmental bodies, including state, county, city and tribal governments. Given the huge ideological divide between supporters of local and federal power, that sounds like a really, really fun job.• A small group of protesters have gathered outside the Hamilton County Courthouse today to draw attention to what they say is a serious problem: drug overdoses in area jails and prisons. Many attendees are members of anti-heroin groups who have had family members of friends die of overdoses. They’re questioning how the drug is able to make its way to people behind bars. The region is suffering from a severe heroin crisis, with overdose deaths increasing significantly in the past few years.• So, now that Republicans control the Senate, will the new top Senator on science be Texas' Ted Cruz, a noted climate-change denier? Could happen. Cruz looks to be next in line for chair of the Senate Subcommittee on Science and Space. Republican Sen. James Inhofe, another doubter when it comes to climate change science, looks likely to chair the Senate Committee on the Environment and Public Works, which is also going to be a big change-up.• Finally in our truncated Friday edition of morning news, I have a confession: There are many things in this world I’m a huge dork about, but history, maps and public transit are all near the top. That said, I just want you to take a look at this amazing, 100-year-old 3-dimensional transit ridership map from Germany. Dang man.
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 · Tuesday, July 29, 2014
Sarah Palin has found another way to make money off her
status as a celebrity political commentator, with her new online Sarah
Palin Channel. For $10 a month, subscribers can get news delivered by
Palin that “cuts through the media’s politically correct filter,” along
with a dose of the Palin household’s “real-life” “outdoor adventures.”
by Nick Swartsell
Posted In: Courts
at 12:39 PM | Permalink
Next showdown will happen at federal appeals court in Cincinnati
A federal judge today ruled Kentucky’s ban on gay marriage is unconstitutional. But same-sex couples in the state can’t get marriage licenses just yet. U.S. District Judge John G. Heyburn II ruled that a 2004 amendment to Kentucky's state constitution prohibiting same-sex marriage violates the guarantee of equal protection under the law found in the U.S. constitution. It's another sign that the tide may be turning in the region. The decision comes as a similar ban looks to be in serious legal trouble in Indiana, and just before an August federal court date that will decide
questions surrounding the issue in Ohio and other states. Since February last year, federal courts have upheld the right to marry for same-sex couples 19 times.The decision came in response to a challenge to Kentucky’s ban by two same-sex couples. Maurice Blanchard and Dominique James were denied a marriage license on Jan. 2013. They were charged with trespassing after refusing to leave the Jefferson County Clerk’s office after being turned down for their license. A jury eventually found them guilty, though the two were fined only $1. The two other plaintiffs in the case, Timothy Love and Lawrence Ysunza, applied for a license in February 2013. The two have lived together for 34 years.The plaintiffs and other same-sex couples looking to marry will have to wait a little longer, though. Heyburn has delayed implementation of his decision until after Aug. 6, when a higher court, the 6th Circuit U.S. Court of Appeals, will hear several gay marriage cases from Kentucky, Ohio and two other states. Those cases will be heard in Cincinnati.Heyburn, who in February also ruled that the state must recognize
same-sex marriages from other states, rejected Kentucky’s reasons for
its ban. Lawyers hired by the Kentucky Gov. Steve Beshear argued that traditional marriage helps ensure economic stability and a favorable birth rate in the state. The state’s Attorney General Jack Conway refused to defend the law on behalf of the state.“These arguments are not those of serious people,” Heyburn said in his decision. He said there is “no conceivable, legitimate purpose” for the ban, which keeps same-sex couples in the state from enjoying the economic, social and emotional benefits of marriage. These include tax benefits, the ability to share insurance, the ability to adopt children as a couple and other rights.The ruling continues a wave of recent decisions by federal courts upholding marriage rights for same-sex couples. But there’s still uncertainty even as the tide shifts. Most recently, on June 25, a judge struck down Indiana’s ban, allowing same-sex couples to immediately apply for marriage licenses. That decision was overturned a few days later on appeal, and couples who married in the three-day window are now waiting for a final decision to see if their marriages are valid in the state’s eyes. Currently, 19 states and the District of Columbia allow same-sex marriage.
1 Comment · Wednesday, April 30, 2014
Neighborhood activists have called for
City Councilman Christopher Smitherman’s ouster as a committee chairman
in light of comments he recently made accusing black people of not doing
enough to stop violence.
0 Comments · Wednesday, April 9, 2014
A federal judge in Cincinnati last week announced plans to overturn Ohio’s ban on same-sex marriage.
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.