Jan 30, 2004  |  By: JOE CREA  | COMMENTS     

In the aftermath of President Bush’s State of the Union address, in which he strongly hinted at support of a constitutional amendment on gay marriage, 15 state legislatures around the country have begun debating sweeping bans on recognition of gay unions, while a smaller number of states are weighing pro-gay measures aimed at stopping the rush to amend.

A bill blocking state recognition of gay marriage and barring state workers from receiving partner benefits passed the Ohio Senate last week and is likely to be signed by the state’s Republican governor. Meanwhile, legislators in Indiana and Arizona succeeded in blocking bills that sought to amend their state constitutions to ban same-sex marriage.

While the Ohio bill is intended to prevent the state from recognizing a gay marriage performed in another state, the bill strongly notes, “specific statutory benefits of marriage” are against the “strong public policy of the state.”

State Sen. C.J. Prentiss (D-Cleveland), who voted against the measure, called the bill “the most draconian violation of many rights” and tried to add a bereavement amendment to the measure at the last minute that was eventually tabled.

“Since I believe that everyone is human, has a heart, can cry, I thought my colleagues would have said ‘yes’ to the bereavement bill and not expose their homophobic feelings, but I was wrong,” Prentiss said.

The controversial measure, House Bill 272, dubbed the Defense of Marriage Act by supporters and the Denial of Benefits Act by opponents, has Ohio leaders divided.

Auditor Betty Montgomery, a moderate Republican who wants to be Ohio’s next governor in 2006 supports the state’s new measure while Attorney General Jim Petro, another Republican gubernatorial contender, opposes the bill calling it “a little too broad” adding that “binding unions” between gay couples should be afforded some protections.

“I don’t think it should be against the strong public policy of the state to show respect and a little bit of tolerance for all people, and that may include people who make a strong commitment to one another and who happen to be of the same gender,” Petro told the Cleveland Plain Dealer.

Petro did not return Blade calls seeking comment.

Orest Holubec, a spokesperson for Republican Gov. Bob Taft, said the governor is prepared to sign the measure into law.
Prentiss noted that the private sector is expressing concern that one of the country’s most far-reaching gay marriage bans could hurt their bottom line.

Patrick Guerriero, executive director of the Log Cabin Republicans, strongly condemned the actions taken by the Ohio Legislature and again criticized Bush’s State of the Union remarks in which the Republican president assailed “activist judges.”

“I think more damaging than the exact wording, was the signal [the president’s remarks] sent to legislators around the country,” Guerriero said. “We knew that legislative leaders had been holding back from pushing forward with any legislation and sadly, within hours of the president’s speech, we saw the most onerous of them pass the Ohio Senate.

“We now have places like Ohio turning back the clock not just on gay marriage but on basic civil rights for gay and lesbian Americans.”

When signed by Gov. Taft, Ohio will become the 38th state to pass some sort of DOMA measure.

Activist says GOP using wedge issue
State legislators are scrambling to respond to the Massachusetts Supreme Judicial Court ruling last November mandating that state offer marriage benefits to gay couples, setting off a heated national debate over a proposed amendment to the U.S. Constitution that would define marriage as the union of one man and one woman.

“I really do believe that all this state activity is due to a very well-coordinated campaign to exploit the marriage issue in the 2004 elections,” said Matt Foreman, executive director of the National Gay & Lesbian Task Force.

“It’s no coincidence that these are being launched in key battle ground states: Maryland, Ohio, Michigan, Wisconsin,” Foreman said, citing the expected role those states would play in this year’s presidential election. “I believe that this is part of the right-wing forces in the country, which now sadly dominate the Republican Party. It’s a ‘brilliant’ and consistent use of wedge issues in society to advance a very base political interest.”

Fifteen states, many of them with DOMA laws already on the books, are weighing anti-gay marriage ballot measures this year. And at least seven states are proposing new measures that would prevent gay marriage through a state constitutional amendment.

Constitutional amendments have been introduced in Georgia, Oklahoma, Kentucky and Michigan; one is expected soon ...