HAMILTON, Ohio — Alliance Defense Fund attorneys plan to appeal a decision by the Ohio Court of Common Pleas Monday that a member of the state legislature lacked standing in a legal challenge to Miami University’s domestic partnership program.
“No one is being denied the benefits they need. Under state law, individuals may receive benefits equally. However, Miami University’s domestic partnership policy mimics marriage by creating a special legal status for same-sex couples,” said ADF Senior Legal Counsel Jeff Shafer. “We believe that the judge saw the merits of our position--that the school’s policy is in violation of the Constitution--and we expect that the technical issue of standing will be rectified on appeal.”
In the decision, Judge Charles L. Pater wrote, “Brinkman maintains that Miami’s policy violates the Ohio Constitution. Arguably Brinkman is correct....” The judge then concluded that despite this, Brinkman lacked standing to sue.
In November 2004, Ohio voters overwhelmingly passed a state constitutional amendment defining marriage as a union between one man and one woman. The amendment also prohibited the state from creating marriage “substitutes” such as civil unions or domestic partnerships for same-sex couples. The lawsuit states that Miami University’s domestic partnership program is in violation of the marriage amendment.
The program requires both “partners” to file an “Affidavit of Same-Sex Domestic Partnership” to qualify for benefits. Two of the requirements listed include a “long-term committed relationship” of at least six months and the sharing of a common residence.
“We are not surprised. We knew that this would be a case with multiple appeals,” Shafer explained. “ADF and its allies will continue the legal battle to defend the Ohio Constitution from this attempted end-run by state officials.”
A copy of the court’s decision can be read at
www.telladf.org/UserDocs/BrinkmanDecision.pdf. ADF-allied attorneys David Langdon and Josh Bolinger are assisting with the case.
ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation.
www.telladf.org