GAY PEOPLE'S CHRONICLE April 6, 2001
Give Your Paycheck a Boost!
Earned Income Tax Credit
$Were you raising one child in your home in 2000? Did your family earn less than $27,413?
You could get up to $2,535.
$ Were you raising more then one child in your home in 2000?
Did your family earn less then $31,152?
You can get up to $3,888.
CUYAHOGA
OHIO
10
COUNTY OF
OF OHIO
онто
CUYAHOG
Commissioners
Jane L. Campbell
Jimmy Dimora Tim McCormack
Want more information? Call the IRS toll-free at 1-800-829-1040 or 216-987-7000.
Brought to you by the Cuyahoga County Commissioners
Is waiting for lower interest in your best interest?
Beadon Aw
Safura
Let's talk!
Thomas j. Rankin 440-356-5373, ext. 209
E-mail: Thom.Rankin@remcorp.com
REAL ESTATEMORTGAGE CORP. "Your Partners In Lending”
Corporate Headquarters: 20325 Center Ridge Road, Suite 220, Rocky River, OH 44116
LENDER
*BIG FUN⭑
VOTED CLEVELAND'S BEST TOYSTORE!
1827 COVENTRY RD. ★ CLEVELAND HTS. OH 44118★ 216-377-4FUN (4386)
THRILLS
COOL T-SHIRTS
★ CRAZY POSTCARDS
60'S & 70'S JUNK AND STUFF
★ BLACK & WHITE PHOTO BOOTH
WE BUY OLD TOYS!
SMALL PRICES!
5 S. Main
John R. O'Connor, LISW ACSW of D.L. Dunkle and Associates Practicing in Two Locations
Suite 204 Oberlin, Ohio 44074
216-229-2100
12417 Cedar Road
Suites 21-24
Cleveland Hts.. Ohio 44106
800-938-9973
Marriage ban
Continued from page 1
between same-sex couples.
"This is unnecessary and a waste of time and taxpayer's money," said Downing, "and just another way for them to stir up anti-gay sentiment in the state and trumpet homophobia."
Seitz concludes his request for co-sponsors by saying, "I have been working with Citizens for Community Values for the last three months on this legislation."
Citizens for Community Values is the Cincinnati group that spearheaded the 1993
"Romer says states cannot single out groups of people and fence them out of rights of other citizens. They see this as a way to get around that fence."
petition drive to put the Issue 3 anti-gay city charter amendment on the ballot. The measure is now in force, making Cincinnati the only city in the nation with a ban on civil rights protection for lesbians, gays and bisexuals in its charter.
The president of CCV is Phil Burress, who is also chair of the anti-gay American Family Association's Ohio chapter.
Seitz also says in his memorandum that "persons from Ohio constitute the largest number of out-of-state persons who have gone to Vermont to conclude their civil union ceremony."
"That figure probably came from Citizens for Community Values," said Seitz's legislative assistant Andie Snider. Seitz was not available for comment.
A check of the Vermont records shows that Ohioans are not the largest number to travel there for civil unions. Of the nearly 1,200 civil unions for out-of-state couples in 2000, Ohio ranks 10th with 35. New York had the most with 171, according to Vermont Vital Records Department supervisor Linda Davis.
Snider indicated that the bill had 26 cosponsors to date, but did not release the
names.
By contrast, the 1997 bill had 13 cosponsors and the 1999 bill had 11.
"Since 1996, 32 states have enacted a Defense of Marriage Act to clarify their public policy against recognition of such same sex marriages or civil unions," Seitz wrote in his memo. “This legislation would simply bring Ohio into that mainstream."
Seitz's memorandum goes on to contradict the actual legislation. The memo reads, "This bill does not pre-empt cities, counties, and townships from extending marital type benefits to same-sex couples if they so choose."
The bill itself voids domestic partner
measures.
"The recognition or extension of the benefits of a legal marriage to nonmarital relationships between persons of the same sex or different sexes is against the strong public policy of this state," the bill reads. "Any public act, record, or judicial proceeding of this state that extends the benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes is void ab initio [from the beginning]."
Downing called the claim in the memo a "big lie," adding that the language cer-
tainly would prohibit smaller entities within the state from enacting such laws.
"That would mean, for example," said Downing, "that the city of Cleveland could not offer domestic partner benefits because domestic partner benefits would be considered marital benefits."
Downing said that the bill's language could affect unmarried and divorced different-sex couples in addition to same-sex couples.
“This bill ensnares the unknowing," said Downing. "It applies to all couples who don't go to the courthouse to get a marriage license."
Downing said that common marital benefits recognized by courts include custody and visitation orders, pensions and health benefits, and rights of grandparents.
"This proposed bill goes way beyond just affecting us," said Downing, "which is another reason why it is so dangerous."
Downing said that if this bill becomes law, the "bundle of rights" given to couples by domestic relations courts in other states would be void in Ohio.
Although Downing worries that an amended version of the bill could pass, he says of this one, "They haven't thought it through."
"They are so focused on the likes of bashing us, that they don't realize any of this, or don't care," he added.
Downing indicated that the other problem with this bill is that it violates the "full faith and credit" clause of the U.S. constitution, which requires states to recognize the "public Acts, Records and judicial Proceedings" of other states.
Downing said that the U.S. Supreme Court has consistently ruled that the only exception to the full faith and credit clause occurs when a law of one state violates the public policy of another state.
Ohio courts have not decided the issue of whether or not the current laws comprise a public policy against same-sex unions. In cases currently on appeal in Ohio courts, the American Family Association and Citizens for Community Values contend that a 1991 Ohio law doing away with common-law marriage sets such policy.
Downing said they also need that "public policy" language in order to get around the U.S. Supreme Court's 1997 Romer v. Evans decision, which struck down Colorado's Amendment 2 ban on gay and lesbian civil rights laws.
"They are deathly afraid of Romer,” said Downing. "Romer says states cannot single out groups of people and fence them out of rights of other citizens. They see this as a way to get around that fence."
Downing stressed that Ohio law currently does not recognize same-sex marriages or civil unions performed in Ohio, any other state, or any other country.
"The current language in the Ohio Revised Code is clear and simple and it has been on the books the entire 20th century," he said.
Downing is concerned that with all the attention on the Ohio budget and education funding, this bill could pass the legislature without much notice.
Once introduced, the bill will go to the Civil and Commercial Law committee, which Seitz co-chairs.
The Republicans on that committee. are Chairman John Willamowski of Lima, who co-sponsored the 1997 and 1999 DOMA bills, Anthony Core of Rushsylvania, Timothy Grendell of Chesterland, former senator and now Rep. Bob Latta of Bowling Green, who co-sponsored the 1999 DOMA, Jeff Manning of North Ridgeville, and Ann Womer Benjamin of Aurora.
Democrats on that committee are Joseph Sulzer of Chillicothe, Dean DePiero of Parma, who accidentally cosponsored the 1999 DOMA and later withdrew, Ed Jerse of Euclid, and Peter Lawson Jones of Shaker Heights.
Serving Northeast Ohio
Karen R. Schneiderman
ATTORNEY AT LAW
Akron: 330-376-8336
Cleveland: 216-382-2716
Goldman & Rosen, Ltd. National City Center
One Cascade Plaza, 12th Floor Akron, Ohio 44121