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.
by German Lopez
Senator loses support following shift in favor of same-sex marriage
An April 19 Quinnipiac University poll found a plurality of Ohioans now support same-sex marriage, continuing a trend first noted by a Washington Post poll in September.With a margin of error of 2.9 percent, the Quinnipiac poll found 48 percent of Ohio voters now support gay marriage, with 44 percent still in opposition. That's an improvement from a Dec. 12 poll, which found 47 percent of Ohio voters were against same-sex marriage and 45 percent favored it. The latest results varied greatly depending on the respondent's sex. Women supported same-sex marriage 52-40, while men opposed it 49-43.The poll also found Ohio Sen. Rob Portman, a Republican, lost support after coming out in favor of same-sex marriage, but Quinnipiac's statement says the drop was likely attributable to a drop in overall Republican support. Portman's approval rating dropped to 40 percent, down from 44 percent in Feb. 28. Respondents had mixed feelings about Portman's same-sex marriage shift: 20 percent said they think more favorably of him, 25 percent said they think less favorably of him and 53 percent said it made no difference.Even if the small drop is attributable to Portman's new views on same-sex marriage, the shift could be a net gain for the senator through increased campaign funds. After President Barack Obama came out in favor of same-sex marriage last year, his campaign raised $1.5 million in just 90 minutes even as some political pundits criticized the president's move as politically dangerous.The legalization of same-sex marriage could be on the ballot this year following Freedom Ohio's efforts ("Evolution of Equality," issue of Nov. 28). If approved by voters, Freedom Ohio's proposed amendment would repeal Ohio's ban on same-sex marriage and legalize it while retaining some protections for religious institutions.A Washington Post poll conducted in September found Ohioans were supportive of same-sex marriage for the very first time, with 52 percent in favor and 37 percent against.
0 Comments · Wednesday, March 27, 2013
Gov. John Kasich on March 21 seemed to
come out in support of same-sex civil unions during an interview with a
Cleveland TV station, saying, “I just think marriage is between a man
and a woman, but if you want to have a civil union, that’s fine with
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.
by German Lopez
Kasich's spokesperson walks back earlier comments that supported civil unions
Earlier today, Gov. John Kasich seemed to come out in support of same-sex civil unions, but Kasich’s spokesperson says the governor was using the term “civil union” loosely and the governor is still against changing the Ohio Constitution to legalize same-sex civil unions and gay marriage.“The governor’s position is unchanged,” wrote Rob Nichols, Kasich’s spokesperson, in an email. “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.”The clarification walked back earlier comments from Kasich, who told Scripps Media, “I’ve got friends that are gay and I’ve told them ‘Look,
(same-sex marriage) is just not something I agree with,’ and I’m not
doing it out of a sense of anger or judgment; it’s just my opinion on
this issue.” He added, “I just think marriage is between a man and a woman, but if you want to have a civil union, that's fine with me.”
The comments to Scripps Media prompted a response from Ian James,
co-founder of FreedomOhio, which is pushing an amendment that would
legalize same-sex marriage in Ohio.
“I hope Gov. Kasich understands civil unions are banned by
the Ohio Constitution as well and they are a cruel substitute for legal
marriage,” he said in a statement. “We need equal rights and family
security in Ohio for same-gender couples. That's why more and more
Republicans are making the right choice and stepping up to support
The comments from Kasich, who will run for his second term as governor in 2014 and is seen as a potential
presidential candidate in 2016, come during a period of renewed soul-searching
within the Republican Party. Most recently, Ohio Sen. Rob Portman announced his support of same-sex marriage two years after his son came out as gay. The change means both Ohio senators now support same-sex marriage. A recent report from the Republican
National Committee acknowledged a generational divide on the same-sex
marriage issue: “Already, there is a generational difference within the
conservative movement about issues involving the treatment and the
rights of gays — and for many younger voters, these issues are a gateway
into whether the Party is a place they want to be.”
Not all Republicans agreed with the report, which sought to establish a new blueprint for Republicans in response to 2012’s
electoral losses. In a recent blog post,
Republican Rep. Steve Chabot wrote, “To me that (the report) sounds a whole lot like
accepting things like gay marriage, and being more liberal on abortion.
As far as I’m concerned, that’s a great way to alienate a lot of our
base who are still with us. Big mistake.”
Still, the report’s findings are supported by recent polling. 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.
Another poll from Pew Research Center found support for same-sex marriage is growing,
particularly because of the younger generations. Among U.S. adults, about 49
percent responded in support of same-sex marriage, and 44 percent were
in opposition. The Pew survey found a stark generational divide: Millenials — adults born after 1980 — had particularly
pronounced support for same-sex marriage at 70 percent, and about 49
percent of Generation X individuals, meaning those born between 1965 and
1980, were also in support. But only 38 percent of baby boomers — those born between 1946 and 1964 —
supported same-sex marriage, and only 31 percent of those born between 1928
and 1945 claimed support.
Supporting same-sex civil unions would have made Kasich a moderate by Republican standards. In the 2012
Republican presidential primaries, only former Utah Gov. Jon Huntsman
supported civil unions, and the rest of the candidates stood
against same-sex marriage and civil unions.
In contrast, Democrats are now widely in favor of same-sex marriage. Marriage equality was embraced in the official Democratic platform in September 2012, and
President Barack Obama became the first sitting president to support gay
marriage in May 2012.
FreedomOhio’s amendment could be on the ballot as early as this year. CityBeat
previously covered the amendment’s potential benefits and challenges,
including some opposition from Equality Ohio, another LGBT group (“Evolution of Equality,” issue of Nov. 28).
Beyond giving equal rights to same-sex couples, gay
marriage could also bring economic benefits to Ohio. A study from Bill
LaFayette, founder of Regionomics LLC, found that legalizing gay
marriage would grow Ohio’s gross domestic product, which measures
economic worth, by $100 million to $126 million within three years.
Statewide, that would sustain 740 to 930 jobs within the first year of
legalization, 250 to 310 jobs within the second year and 170 to 210
within the third year. In Hamilton County alone, legalization would
produce $8.2 million in growth, according to the study.
The U.S. Supreme Court will take up same-sex marriage in two high-profile cases next week. The cases will deal with California’s Proposition 8 law, which made same-sex marriage illegal in the Golden State, and the Defense of Marriage Act, a law signed by former President Bill Clinton that made same-sex marriage illegal on a federal level.Update (4:45 p.m.): This story was updated to reflect comments from Rob Nichols, Gov. John Kasich's spokesperson.