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Ohio Gov. Bob Taft (R) said the state’s new far-reaching ban on gay marriage is necessary to protect Ohio from having to recognize gay marriages that may occur in Massachusetts in light of that state’s recent high court ruling legalizing same-sex unions. (Photo by Paul Vernon/AP)




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LEGAL BRIEFS

Legislative News
Ohio governor signs gay marriage ban into law


Friday, February 13, 2004

COLUMBUS, Ohio (AP) — The state’s new far-reaching gay marriage ban could rob institutions such as Ohio State University of the edge they have in recruiting top talent, the university says. Gov. Bob Taft signed the bill Feb. 6, saying its adoption was urgent because the nation’s first legally sanctioned same-sex weddings could occur as early as this spring in Massachusetts. Ohio’s bill also prohibits state employees from getting marital benefits spelled out in state law for their unmarried partners, whether homosexual or heterosexual. Only state employees who negotiate such benefits in collective bargaining contracts will be allowed to get them. Taft, who signed the bill in private, issued a rare statement explaining his reasons. “It is necessary for us to act now to safeguard Ohio’s marriage laws,” Taft said. “Ohio could have same-sex couples who were ‘married’ in Massachusetts taking legal action in Ohio to recognize that marriage and to obtain the resulting benefits.” Taft, a Republican, denied assertions that the law promotes intolerance. He said families and parents need an environment that offers “children, and ultimately our society, the best opportunity to thrive.”

Conservatives aim at Colo. judges in response to gay marriage
DENVER (AP) — Upset over decisions on gay marriage, school vouchers, congressional redistricting and the Pledge of Allegiance, Colorado Republicans are backing plans that would allow much greater scrutiny of judges and subject them to term limits. The legislation comes amid a national campaign by Colorado Springs-based Focus on the Family and other conservative groups that urges lawmakers to crack down on so-called activist judges. “I’ve felt for a long time that we need a better balance between the independence and accountability of our judges,” said state Senate President John Andrews (R-Centennial). The National Conference of State Legislatures, a nonpartisan research group, doesn’t have details on legislative efforts aimed at judges in other states. But experts note that President Bush has complained about activist judges several times. Last week, after Massachusetts’ highest court said gays are free to marry, Bush warned he may end up backing a constitutional amendment to ban gay marriage being proposed by Rep. Marilyn Musgrave (R-Colo.).

Ariz. committee OKs bill to allow domestic partners
PHOENIX (AP) — A bill endorsed last week by a state Senate committee would allow registered domestic partners to make health decisions for patients unable to do that for themselves. The Health Committee voted 7-2 for the bill (SB1203), which also must clear the Family Services Committee before reaching the full Senate. State law already specifies that spouses, adult children, siblings and close friends can serve as health care surrogates to be consulted by health care providers if the patient has not made other legal arrangements or appointments for that purpose. Last year, Tucson became the first Arizona city to provide a registry for domestic partners, and Republican Sen. Toni Hellon said she was “proud to be from a city that recognizes there are loving commitments out there of all kinds.”

Utah House committee OKs anti-gay marriage bill
SALT LAKE CITY (AP) — A House committee last week endorsed a bill that would ban gay marriage. The bill defines marriage as between a man and a woman and prohibits recognition of same-sex marriages, common law marriage or civil unions allowed in other states. Its sponsor is Sen. Chris Buttars (R-West Jordan). Buttars noted the recent Massachusetts high court ruling that firmly upheld the right of gay people in that state to marry. “But we’re in Utah,” he said. “I do not believe we’re bound by the liberal values in other states.” As he has in previous presentations and debates, Buttars urged lawmakers not to fret over likely constitutional challenges to the bill. “I would hope ... you don’t allow yourselves to be held hostage to any such threats,” he said. Rep. LaVar Christensen, who is sponsoring a bill that would amend the Utah Constitution to ban same-sex marriage, cautioned the committee about “democratic despotism” of activist courts that trump the will of the people.

N.M. House votes to restore anti-discrimination protections
SANTA FE (AP) — The House voted last week to restore to tens of thousands of New Mexico workers the anti-discrimination protections that were accidentally erased last year. A divided House also agreed that the gay rights section of the Human Rights Act — which is already law — should apply to businesses with four or more workers. Currently, only companies with 15 or more workers must comply with the provision, which prohibits discrimination based on sexual orientation or gender identity. The bill was approved 38-25 over the protests of lawmakers who said it would leave small businesses open to lawsuits that were expensive to defend even if they were groundless. “If we’re talking about protection, we’ve got to look at the employers’ protection as well,” said Rep. Donald Bratton (R-Hobbs). Supporters of the bill argued that last year’s mistake left 34 percent of the state’s private sector businesses outside the law.



 

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