In Ohio LGBT News . . .

. . . much has happened in the past week alone.

First, David Langdon, Ohio’s lawyer for religious extremists sued the City of Cleveland this past week, due to its offering a domestic partnership registry.  Per the anti-LGBT equality Alliance Defense Fund:

CLEVELAND — Alliance Defense Fund attorneys filed a lawsuit Wednesday on behalf of taxpayers against the city of Cleveland to challenge its “domestic partner registry,” which violates the Ohio Constitution.  The new law gives cohabitating partners a legal recognition that is similar to that of married couples.

“Local governments should not enact laws in defiance of the state constitution,” said Ohio-based ADF-allied attorney David R. Langdon, who filed the lawsuit together with ADF attorneys.  “Ohio voters amended their state’s constitution by an overwhelming margin in 2004, using the democratic process to affirm the long-held legal definition of marriage and eliminate any attempts at counterfeits.  The city of Cleveland is attempting to skirt the clear intention of the voters.”

Under the “domestic partner” registry, the city of Cleveland recognizes a legal status for a relationship between two adults who are cohabitating in a “committed” partnership resembling marriage, even though such recognition is expressly prohibited under Article XV, Section 11 of the Ohio Constitution.

Shockingly, this news release contains more release than news, as the Ohio Supreme Court, in an opinion written by Chief Justice Moyer, noted in State v. Carswell, 2007-Ohio-3723 (pdf):

It is clear that the purpose of Issue 1 was to prevent the state, either through legislative, executive, or judicial action, from creating or recognizing a legal status deemed to be the equivalent of a marriage of a man and a woman.  The first sentence of the amendment prohibits the recognition of marriage between persons other than one man and one woman.  The second sentence of the amendment prohibits the state and its political subdivisions from circumventing the mandate of the first sentence by recognizing a legal status similar to marriage (for example, a civil union).

Accordingly, although Langdon and his folks might think they can use this lawsuit for some fund-raising efforts, the legal success for a case challenging a status so far removed from being seen as “the equivalent of a marriage” as a domestic partner registry is very slim indeed.  Regardless, the lawsuit is a sap on Cleveland’s resources at a time when no city needs it.

In good news, the City of Bowling Green on Monday evening approved non-discrimination measures in housing, employment and public accommodations, based on both sexual orientation and gender identity, which Equality Ohio noted makes it the seventh jurisdiction in the state to do so.  An additional 10 locales have protections based on sexual orientation but not gender identity.  As to the Bowling Green action, the Sentinel-Tribune reported:

The unlawful discrimination ordinance [which includes employment and public accommodations] expands the list of protected classes and also sets forth a detailed complaint and penalty process that focuses on conciliation before moving into more formal remedies. The ordinance passed on a 6-1 vote with Fourth Ward Member Mike Frost voting no.  The amendments to the fair housing ordinance passed unanimously. . . .

Protected classes now include race, color, religion, national origin, gender, gender expression, gender identity, sex, pregnancy, age, sexual orientation, creed, ancestry, disability, military status, veteran status, marital status, family status, physical characteristics, HIV-status and genetic information.

And finally, Franklin County’s commissioners today voted unanimously to offer domestic partner benefits to county employees.  From Equality Ohio:

Today, the Franklin County Commissioners voted unanimously to extend health care benefits to domestic partners of Franklin County employees.  The change was enacted as part of a comprehensive update of the County personnel policy manual and is expected to take effect immediately.

With the extension of this benefit, Franklin becomes the first county in Ohio to do so.  They join the city of Cleveland Heights and Columbus Public Schools as the only public entities in the state to offer DP Benefits.

Great news — and a great “we’re not afraid of you” response to Langdon’s out-of-town, out-of-touch lawsuit up in Cleveland.

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