HAMILTON, Ohio - Calling it a violation of state law, attorneys with the Alliance Defense Fund filed suit today on behalf of an Ohio legislator who says a state university benefits program for same-sex "domestic partners" is illegal.
"All government programs should comply with state law," said ADF Senior Legal Counsel Jeff Shafer. "Unfortunately, this program at Miami University violates state law by creating a legal status for same-sex couples designed to mimic marriage. Granting special legal status to new-fangled nonmarital relationships is a state policy option recently rejected by the voters of Ohio. The marital union is the best foundation for a stable society, and the Constitution requires that marriage be unique in its legal recognition."
Ohio voters amended the state constitution in November of last year to protect marriage by forbidding the state and its political subdivisions from creating or recognizing any marriage-imitating legal status.
Prior to receiving benefits associated with the "domestic partner" status, Miami University requires both "partners" to file an "Affidavit of Same-Sex Domestic Partnership" to qualify their relationship. Two of the requirements listed include a "long-term committed relationship" at least six months old and the sharing of a common residence.
"Under state law, individuals may receive benefits equally, but not all relationships may be given an honored place in the law," Shafer explained. "Miami University's creation of 'domestic partnerships' is quite clearly in violation of the state constitution."
Brinkman v. Miami University was filed in the Common Pleas Court of Butler County. The full text of the complaint filed today can be read at
www.telladf.org/UserDocs/BrinkmanComplaint.pdf.
ADF-allied attorneys David Langdon and Josh Bolinger are assisting in the case.
ADF is a legal alliance defending America's first liberty--religious freedom--through strategy, training, funding, and litigation.
www.telladf.org