October 27, 2006

GAY PEOPLE'S CHRONICLE

13

State offices

Continued from page 4

the LGBT community is impressive and longstanding. Cordray and his children have been in Columbus Pride parades since the kids were old enough to sit in the red wagon he pulled. Now, they walk alongside him.

Cordray, an attorney, has also done pro bono work for LGBT civil rights on behalf of Lambda Legal Defense. In 2000, Cordray recieved Columbus HRC's Michael Howard Greer Award as humanitarian of the year. He also returned the Chronicle's survey.

On it, he pledges to use his political capital to stand up for fair treatment of all citizens, including the LGBT community.

Cordray has an LGBT-inclusive non-discrimination rule in the Franklin County treasurer's office he currently holds, and would have one as state treasurer.

His record is a stark contrast to that of Republican Sandra O'Brien.

Though it appears absurd on the surface, O'Brien is running to be a financial officer by talking about nothing but conservative Christian social issues.

Her endorsement list includes seven organizations: three anti-choice groups, the gun lobby, a Christian family organization, the anti-gay Citizens for Community Values, and a newsletter affiliated with CCV.

O'Brien did not return Chronicle survey forms in either the primary or the general election.

Ohio Supreme Court

The Ohio Supreme Court will decide what the constitutional amendment banning samesex marriages also means. The first test of the amendment-its impact on the domestic violence law-will be heard by the high court in December. The court, with the two justices to be elected next month, is expected to hear two or three more cases on the amendment during their term.

The first race is between incumbent Justice Terrence O'Donnell and Appeals Court Judge William M. O'Neill. Both returned the Chronicle's survey.

Republican O'Donnell was initially appointed to fill an unexpired term, and his

campaigns have had open lines of communication with the Chronicle since 2004.

In the context of anticipated LGBT cases over the amendment, O'Donnell's judicial philosophy raises some red flags.

First, unlike nearly every other candidate who has replied to a Chronicle survey, O'Donnell answered the question of whether or not he includes LGBT people among his family and friends: "I exclude no one," which raises the possibility of "don't ask, don't tell" relationships.

O'Donnell is also the only candidate to dodge the question asking how he voted on the Issue 1 marriage ban in the 2004 election. "My oath requires me to enforce this provision of the Ohio Constitution," he wrote.

But the big concern is his belief that the Constitution is to be interpreted according to the "intent of the framers."

The framers gave no consideration to LGBT issues, and such interpretations tend to limit LGBT equality, at all levels of the judiciary.

In contrast, Democrat O'Neill has LGBT family and friends, and the community has clearly been part of his world view for a significant amount of time.

O'Neill wrote that the ban amendment was "Unequivocally... the most mean-spirited, ill-advised piece of hate propaganda which was ever sold to the voters of Ohio."

He describes the Ohio Constitution as "a living document. Otherwise, slavery would still be legal in Ohio, women would not be permitted to vote, and alcohol consumption would still be illegal. The Constitution's basic provisions, however, such as equal protection and due process, must remain static or the fabric of society will fall apart."

For those reasons, it is in the interest of the LGBT community to replace O'Donnell with O'Neill on the high court.

The second Supreme Court contest is to replace retiring Justice Alice Robie Resnick, who has become a reliable defender of LGBT rights on the court.

Running to fill the seat are two former members of the Ohio Senate.

Democrat Ben Espy is formerly the Senate's Minority Leader.

He did not return the Chronicle's survey

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for the general election, but he did for the primary election in May. Espy has never been a judge.

Espy has LGBT family and friends and developed a constituent relationship with the LGBT community during his time in the Senate.

Along with his Republican counterpart, Senate President Richard Finan, Espy blocked an early "defense of marriage" bill from passage, even after it had passed the House.

On the primary survey, Espy wrote that the Ohio Constitution is "a living document to be interpreted in the language and scientific understanding of today."

To a question asking if LGBT Ohioans are equal under Ohio law to their non-LGBT. counterparts, Espy wrote, "No, but they should" be.

Republican Robert Cupp, a current ap-

peals court judge, did not return the Chronicle survey in either election.

Cupp's world views and judicial philosophy as they relate to LGBT Ohioans are much less clear than his opponent's.

No LGBT cases heard by Cupp could be found.

His legislative record is the only available look into his world view. Cupp did not cosponsor the "defense of marriage act" while in the Senate, nor did he support measures in lock-step with the right wingers, though his general conservative credentials are solid.

Because Cupp's website is also vague and ambiguous, he presents to the LGBT community as a qualified unknown.

Since that is the case, and Espy, his opponent, is known, Espy should be the choice here, especially given the stakes created by the marriage ban amendment.

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