Cincinnati.Com
NKY.COM  |  ENQUIRER  |  CIN WEEKLY  |  Classifieds  |  Cars  |  Homes  |  Jobs  |  Help
Currently:
78°F
Partly Sunny
Weather | Traffic
The Enquirer
HOME
NEWS
ENTERTAINMENT
SPORTS
REDS
BENGALS
LOCAL GUIDE
MULTIMEDIA
ARCHIVES
SEARCH
 
 TODAY'S ENQUIRER 
 Front Page 
-- Local News 
 Sports 
 Business 
 Editorials 
 Tempo 
 Home Style 
 Travel 
 Health 
 Technology 
 Weather 
 Back Issues 
 Search 
 Subscribe 

 SPORTS 
 Bearcats 
 Bengals 
 High School 
 Reds 
 Xavier 

 VIEWPOINTS 
 Jim Borgman 
 Columnists 
 Readers' views 

 ENTERTAINMENT 
 Movies 
 Dining 
 Horoscopes 
 Lottery Results 
 Local Events 
 Video Games 

 CINCINNATI.COM 
 Giveaways 
 Maps/Directions 
 Send an E-Postcard 
 Coupons 
 Visitor's Guide 

 CLASSIFIEDS 
 Jobs 
 Cars 
 Homes 
 Obituaries 
 General 
 Place an ad 

 HELP 
 Feedback 
 Subscribe 
 Search 
 Newsroom Directory 




 
Saturday, October 9, 2004

Wording of Ohio's gay-marriage ban called sweeping



By Jim Siegel
Enquirer Columbus Bureau

ELECTION SECTION
Election 2004 page
COLUMBUS - Ohio's proposed amendment banning gay marriage is a little broader in scope than most proposals in 12 other states, according to several legal experts.

"We're not alone in going this far," said Marc Spindelman, assistant law professor at the Ohio State University. "But I don't think that should be reassuring to anybody."

Three legal experts said the language of Issue 1 is broad and vague. And although the language refers only to "state and political subdivisions," they believe it could reach beyond a governmental impact.

"This has the potential to be extremely broad, but we don't know how it will be interpreted until it is challenged," said Mark Strasser, law professor at Capital University.

He and others noted some potential legal ramifications:

• Ending domestic partnership benefits offered by private companies. Attorney General Jim Petro believes that if Issue 1 passes, the threat of lawsuits could pressure companies into ending benefits for unmarried couples.

Spindelman also wonders if a company can offer domestic partner benefits if it is contracted by the state. "Can the state hire them without sanctioning that company's policy?"

Chris Bryant, associate law professor at the University of Cincinnati, called it a "gray area." He said the amendment also leaves the door open for the state to require that anyone doing business with Ohio not offer domestic partner benefits.

Strasser also noted that even if companies keep offering domestic partner benefits, courts cannot grant any legal status to anything that "approximates" marriage.

The benefits "might not be an enticing offer because they may not be enforceable in court," he said.

• Loss of certain rights for unmarried couples, such as property rights, power of attorney, hospital visitation and inheritance.

These have been a particular concerns raised by the AARP, and Bryant called them "very legitimate concerns."

"It's not clear, say, if power of attorney will be invalidated under this, but it seems to me to at least be plausible," he said. Questions over visitation rights could be raised, particularly in state-run hospitals, he said.

Not everyone agrees.

George Dent, law professor at Case Western Reserve University, doesn't see Ohio's proposal as going further than most other states, nor does he believe it will impact private businesses.

"If an employer wants to include same-sex benefits under its health plan, there's nothing here that stops it," he said.

E-mail jsiegel@enquirer.com




TOP STORIES
County will wall off Powers' courtroom
Drug case proceeds; judge had testified
West Nile became man's Twilight Zone
Four arrested in teen's death

ELECTION 2004
Bush, Kerry clash in heated rematch
In their own words
Clooney called '60s liberal
Senate races rake in bucks
Greenhills voters can beef up home fund
Partner benefits could be curtailed
Wording of Ohio's gay-marriage ban called sweeping
Same goals but different paths
Election board vote tied on registration residency

IN THE TRISTATE
Withrow remembered
Cincinnati's 'brownouts' coming to an end Sunday
U.S. citizenship grows by 70
Drake Center flier called 'outrageous'
Findlay Market to be open Sundays in '05
Frailey may get 3.9% raise
Schools cope with crowds
Local news briefs
3 more Mason students charged in stolen gun
Bond $600K in Miami rape case
Neighborhood briefs
State sues over fitness funds
Big weekend may boost science museum
Public safety briefs
Eighth-graders in Madeira gather items for troops

REVIEWS
CSO program luminous
Ballet opens exuberantly

ENQUIRER COLUMNISTS
Good Things Happening
It's Saturday evening, time to go to church

LIVES REMEMBERED
Bernard Roeckers, XU athlete

KENTUCKY STORIES
Police seek assailant in store robbery
Trial date reset in abuse suit against diocese
Track upgrade ahead of plan
Family battles Bellevue for a handicapped spot
Lawmakers examine two health options
Keeneland dares to mix history, hi tech
N. Ky. news briefs
Federal legislation would aid speedway
Covington man died before fire at his apartment



 

Latest Headline News
Updated Every 30 Minutes
AP TOP HEADLINE NEWS

Iraqi Official: 150,000 Civilians Dead

Sen. Allen Concedes Defeat in Virginia

Bush, Pelosi Hold White House Talks

Massive Recall of Acetaminophen Underway

Mubarak Warns Against Hanging Saddam

Bolton Unlikely to Win Senate Approval

AP: Startling Findings in Tillman Probe

Ed Bradley of '60 Minutes' Dies at 65

U.S. Rises in Auto Reliability Ratings

49ers Look to Relocate New Stadium



Cincinnati.Com
Search our site by keyword:  
Search also: News | Jobs | Homes | Cars | Classifieds | Obits | Coupons | Events | Dining
Movies/DVDs | Video Games | Hotels | Golf | Visitor's Guide | Maps/Directions | Yellow Pages

  CINCINNATI.COM  |  NKY.COM  |  ENQUIRER  |  CIN WEEKLY  |  Classifieds  |  Cars  |  Homes  |  Jobs  |  Help


Search | Questions/help | News tips | Letters to the editors | Subscribe
Newspaper advertising | Web advertising | Place a classified | Circulation

Copyright 1995-2007. The Cincinnati Enquirer, a Gannett Co. Inc. newspaper.
Use of this site signifies agreement to terms of service updated 12/19/2002.