Senate approves same-sex marriage ban

ANDREW WELSH-HUGGINS, by AP from ohio.com January 22, 2004

COLUMBUS, Ohio, Jan. 21 -- Senate lawmakers paved the way Wednesday for Ohio to enact one of the country's most far-reaching laws banning same-sex marriages.

A divided Senate voted 18-15 in favor of the bill that puts into law that same-sex marriages would be "against the strong public policy of the state."

Four Republicans broke ranks and joined Democrats in opposing the bill, which also prohibits state employees from getting benefits for their domestic partners.

Thirty-seven states have passed laws recognizing only marriages between men and women. Ohio is only the second state, besides Nebraska, that would prohibit benefits for state employees' unmarried partners, said Seth Kilbourn, national field director for the Human Rights Campaign, a Washington-based gay and lesbian lobbying group.

The House has already approved the bill and Gov. Bob Taft has said he will sign it, pending a legal review.

Sen. David Goodman, a suburban Columbus Republican, referred to his minority status as a Jew in explaining why he opposed the bill.

"It's important we be tolerant and accepting of others who are different from us," said Goodman. "What we're really doing is kicking sand on the little guy. I think this is piling on."

Sen. Eric Fingerhut, a Cleveland Democrat, said the bill will hurt Ohio by limiting the ability of businesses and universities to attract talented people.

"If we pass this bill, get up tomorrow and look in the mirror," Fingerhut said. "Smiling back at you is someone who has slowed Ohio's progress by putting up a sign to people that says, 'We don't want you here.'"

Lawmakers have struggled with the issue for seven years, when then-Rep. Jay Hottinger introduced a bill in the House.

Hottinger, now a senator, said Wednesday that opponents were misstating the bill's intentions. He said the bill was not an attack on homosexuals but rather meant to protect a traditional definition of marriage.

"Ohio must be able to clearly establish and define our own laws rather than have another state or country define something as important as marriage," said Hottinger, a Newark Republican.

Rep. Bill Seitz, a Cincinnati Republican and sponsor of the current bill, says a recent ruling by Massachusetts's high court declaring that state's gay marriage ban unconstitutional could affect Ohio.

The bill permits exceptions to the benefits ban, including cities, villages, townships, schools and private companies. However, universities are included in the ban.

It would also permit benefits when employees gain such rights in negotiating under collective bargaining.

Attorney General Jim Petro said Tuesday he opposes the bill. Petro, a Republican planning a run for governor in 2006, told The (Cleveland) Plain Dealer he believes that "binding unions" between same-sex couples should be afforded some protection under Ohio law.

Auditor Betty Montgomery, a Republican also planning a 2006 run for governor, supports the legislation.

"She's supportive of giving the state the ability to define what it feels marriage should be," Montgomery spokesman Joe Case said Wednesday.

Susan White, a Columbus health care consultant, opposes the bill because of what she called the uncertainty of what benefits could be withheld.

White, 39, has an 18-month-old son with her partner, Ann.

"With this bill, it's not about marriage, it's not about gay marriage," White said. "What's happening now is all kinds of benefits are just being withheld from a certain set of people."

The vote came despite opposition by some large companies.

The other Senate Republicans voting against the bill were Jeffry Armbruster of North Ridgeville, Robert Gardner of Madison and Steve Stivers of Columbus.

 

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