Same-Sex Marriage Amendment In Ohio Gets Green Light

Ohio Attorney General Mike DeWine approved an amendment that could help overturn the state's ban on same-sex marriage.

Marriage equality advocates in Ohio took one step closer Tuesday to overturning the state's 2004 constitutional amendment that restricts marriages in the state to only those between one man and one woman.

Ohio Attorney General Mike DeWine (R) approved the petition language for an amendment that would redefine marriage in Ohio as “a union of two consenting adults, regardless of gender," according to the Columbus Dispatch.

The Freedom to Marry Coalition is now tasked with gathering 385,253 valid signatures of registered Ohio voters in order to put its marriage equality amendment on the Ohio ballot -- a goal that Ian James, the group's co-founder, told The Huffington Post he hopes to achieve by November 2013.

Ohio voters overwhelmingly supported an amendment banning gay marriage and health benefits for public employees in domestic partnerships in 2004. The amendment passed by 62 percent, but James said he thinks a lot has changed in the last eight years.

He cited a recent Wall Street Journal/NBC News poll showing that 49 percent of Americans support gay marriage. That's up from 40 percent who approved of the idea when President Barack Obama took office in 2009.

Despite what James calls an "evolution" in voter opinion, he said he's preparing for a ground fight with opposition groups in Ohio by including an explicit exemption for religious institutions in the amendment language.

"This is important because people who are moderately opposed say they are moderately opposed because they don’t want their religious institutions to be forced to perform marriages," James told HuffPost.

James said the exemption is a practical move because "with voters it’s always important to be clear. Ambiguity in ballot issues can be deadly. When it comes to intellectualism vs. emotion in campaigns, emotions always win out."

New York Gov. Andrew Cuomo (D) used the same strategy when he was able to steer his state's marriage equality bill through the Republican-controlled state Senate in 2011. Cuomo's agreement to include the religious exemption helped convince four Republican senators to join almost the entire Senate Democratic caucus to agree to the bill, which had already passed the Democratic-controlled assembly.

Evan Wolfson, who founded Freedom to Marry, a national marriage equality nonprofit that worked to pass New York's law, said he thinks the language is redundant because the U.S. Constitution already protects churches and other religious institutions. His organization is not affiliated with the Freedom to Marry Coalition in Ohio.

"Catholic churches already don't have to marry Protestants, Protestants don't have to marry Jews, Catholic churches don't even have to marry divorced Catholics, but they can all still get civil marriage licenses from the state," Wolfson said.

But Wolfson added that the religious exemption has become an effective tool for passing gay rights legislation, and said he supports its use "if it helps reassure some people that this right wing scare tactic is phony."

Also on HuffPost:

Comments

[WheelsOnFire]

05:27 PM on 04/07/2012

Public attitudes toward same-sex marriage have shifted dramatically since 2004, when Ohio's discriminatory amendment went into effect.

In a poll by Elon University published just a week or so ago, 60% of NC voters say they are opposed to the proposed amendment to that state's constitution that would bar same-sex marriage (a vote on this will occur next month).

And when the exact impact of the proposed amendment is explained to voters, the number opposed soars to 66%.

In NJ earlier this year, a Quinnipiac poll found that 52% of NJ voters supported same-sex marriage; only 42% were opposed.

In more than a dozen polls in the past two years, the majority of Americans have said they support same-sex marriage.

This attitude shift was noted by both Gallup and Quinnipiac recently, as well as by political observer Bill Schneider, the Emmy and Peabody award-winning commentator and expert on public opinion research (and both a Distinguished Senior Fellow and Resident Scholar at Third Way and the Omer L. and Nancy Hirst Professor of Public Policy at George Mason University in Washington, D.C).

It started as a ripple and is now approaching tsunami level.

[KGK Valpo]

11:46 AM on 04/09/2012

The best test of this polling will be shown in early May when the vote is taken in North Carolina.

[Matthew Breslin]

01:01 AM on 04/07/2012

I'm just sad that the rights of the people are subject to vote. The only person whose approval I need to worry about is my wife's. I can't imagine why two people - gay or straight - getting married is any of your business. Regardless of how you feel about homosexuality, this is America, and we're all supposed to be equal under the law, no matter what any church says.

[Matthew Breslin]

12:58 AM on 04/07/2012

Churches don't issue marriage licenses, so the notion of religion is irrelevant to the legal argument. I wish people could get that through their thick skulls. Marriage licenses are issued by states and in case you hadn't heard, there is a separation of church and state here in America - even in Ohio. So if a gay couple wants to marry and the church is opposed, they should be able to get married somewhere else: a judge, a justice of the peace, or any clergy member whose heart isn't full of hate.

[gibby1855]

10:34 AM on 04/06/2012

My neighbors were from Ohio, they were nasty mean hateful people, good luck

[RobertoM]

12:52 PM on 04/09/2012

lol maybe if you tell them you want them to vote against it they'll support it out of spite? =)

[beegbolt]

02:12 PM on 04/05/2012

It's still a shame that basic equal rights are going to a public vote. Once this goes to the SCOTUS, and they rule for basic fairness, it will all be moot.

[Ponicrat]

02:37 PM on 04/05/2012

Might want to wait a bit to bring it before the SCOTUS. They are still 5-4 conservative, after all.

[TXanimal]

05:07 PM on 04/05/2012

Even Kennedy and Scalia tend to frown upon animus-based defenses :)

[WheelsOnFire]

05:28 PM on 04/07/2012

Actually, Kennedy has a longstanding history of consistently striking down laws based on sheer animus -- as all anti-gay laws are.

[DoubleYellowLines]

11:43 AM on 04/05/2012

"Catholic churches already don't have to marry Protestants, Protestants don't have to marry Jews, Catholic churches don't even have to marry divorced Catholics, but they can all still get civil marriage licenses from the state," Wolfson said.

This is the crux of the issue. NO religious group can be forced to marry people. They simply can say no.

The State does not have that option.

[JimR36]

11:29 AM on 04/05/2012

Although I am not all that optimistic about Ohio voters overturning the amendment, I will still wish Ohio equality advocates the best of luck.

[Elbrando]

11:24 AM on 04/05/2012

This is going to eventually be the campaign issue that gets more Democrats elected. If the Democratic Party is smart they will include marriage equality on their platform soon.

[WheelsOnFire]

05:33 PM on 04/07/2012

Back in 2010 Bill Schneider, the very talented and astute observer of public policy and one of the leading experts on public opinion research, wrote a great article about how the tide of public opinion toward gay rights and gay marriage had shifted.

One of his key points is that there is now greater harm to candidates who oppose gay rights than there is in supporting gay rights.

Democrats seem to be reading the polls and public sentiment correctly, and are embracing gay rights -- and are picking up support (primarily from the large block of important independents) as a result.

[Eldergothfather]

08:43 AM on 04/05/2012

A, O, WAY TO GO OHIO!

[oldwolf49]

05:13 AM on 04/05/2012

I was beginning to wonder if Ohio was going to try and beat Kansas or Florida for being the most out there state.

[truth be told again]

10:57 AM on 04/05/2012

Exacty what is "out there" in treating ALL citizens equally before the law???

[KaraC]

10:47 PM on 04/05/2012

Yes, that weird "treating people equally" thing is just beyond comprehension. What are they thinking?

[Jerry Callaio]

09:58 PM on 04/04/2012

My thoughts and prayers go out to my gay brothers and sisters in Ohio. Here in Florida it is hopeless...we were the LAST state(after Mississippi) to even allow gay adoptions.

I'd advise gays to not move to Florida NOR spend your tourist dollars here.

Also we want out and hope all gay folks move out of this bigoted and homophobic state.

God Bless Treyvon Martin!

[floridaviolinist]

10:28 PM on 04/04/2012

i don't advise ANYONE to move to florida, period! regardless of age, sex, orientation, race, whatever. I'm trying to get out as soon as i can.

[Jerry Callaio]

11:03 PM on 04/04/2012

I agree.......not just gay people. I'm glad you understand and.....I hate it here too!!!!

The brochures LIE!!!!!!....LOL......

Most folks don't understand...they think it's paradise...plus near the Gulf Coast it never rains...just horrid heat/humidity but essentially a desert.

With the real estate bubble bursting it's impossible to sell and move without "losing one's shirt".

We too want out ASAP!!!!!!!

One out of every 8 houses here sits empty.......and unrented/unsold.

[brklynivn]

07:26 PM on 04/05/2012

That's why I'll always take Palm Springs, CA over Palm Beach, FL anyday.

[Zippy1169]

05:16 PM on 04/04/2012

This is great news for Ohio.

I do want to comment on one thing though. In now way do I think Gays fight for Marriage and Family Equality should ever try to force a church to perform our ceremonies. I think it should be clear that a church has the right to marry who they deem appropriate. If you a Catholic and they won't marry you that's their right. Just as it is your right to leave that church and join another that will marry you and there will be churches that will marry gays. Or of course have a wonder non religious ceremony.

I think it would be a mistake for anyone to force this on any religion and would give them the right to call fowl on us since we are saying they need to stay our on civil marriage equality.

[Dieter Zerressen]

11:08 PM on 04/04/2012

As the article clearly stated Churches area already exempt from performance ANY marriages of which they don't approve - its redundant. That said, it OK to restate this exemption if it gets this kind of legislation passed in many more states.

[Zippy1169]

11:49 PM on 04/04/2012

I think I put that same thought in a follow up comment. I totally agree with you Dieter.

[rainbowrider2012]

10:17 AM on 04/05/2012

I don't know why anyone would want to get married in a church that clearly is hateful and bigoted. I would take my marriage to the courthouse where it belongs...after all, the church has nothing to do with marriage anyway!

[Zippy1169]

11:52 AM on 04/05/2012

That's one view. There are however churches that have zero issue with homosexuality and gay marriage and if you are religious and want to be married in one of those churches is great just as your choice to be married at a courthouse is great.

[redhaircrzy]

03:53 PM on 04/04/2012

Ok, someone give me a petition so I can sign right now. Glad to see that yet another state is trying to move forward past prejudices and so proud that it's the state I was raised in.

[Janette Ozoa]

04:57 PM on 04/04/2012

http://www.change.org/petitions/tell-ohio-repeal-the-gay-marriage-ban

[Breeezyboy]

01:06 PM on 04/05/2012

It's important to know that the www.change.org petition is NOT an official petition to get this amendment on the Ohio ballot. The www.change.org petition is one just to let the Ohio State Senate and the Ohio State House as well as Gov. Kasich how you feel. You still need to find and physically sign a legit petition.

[Ann Nonymous]

03:48 PM on 04/04/2012

No one's fundamental rights should be subject to the whim of the electorate in a popular vote. However, because my fellow Buckeye State voters chose to codify discrimination with the state's DOMA, such a ballot measure merely restores the equilibrium.

I'm not a militant homosexual. I just want the same right to marry the adult of my choice.

[Eric Oswald]

02:23 PM on 04/04/2012

Did anyone think about the fact that the Republicans would LOVE for this to make it on the November ballot?? Then all the conservatives who might have stayed home will come out en masse to vote this ballot intiative down and at the same time, Obama would then probably lose Ohio, which right now he is looking to carry. That could be bad for his re-election.

PS - I am a gay man in Ohio who would love for there to a repeal, but I think it's more important that Obama be re-elected.

[Eric Oswald]

03:00 PM on 04/04/2012

Ah - my mistake. I'm only now seeing that they aren't pushing for it until 2013. Relief!

[nonChristian]

03:43 PM on 04/04/2012

I agree with you. Obama re-election is more important.

High five from fellow Ohioan :)

[Lou on Vancouver Island]

12:01 PM on 04/05/2012

For sure.They have used this tactic before to ignite hatred and bring every bigot out to the polls. Glad to see that the timing is better in this crucial year.