1st Suit Filed Against Domestic Partner Benefits

The first lawsuit has been filed against a state university's domestic partner benefits policy under the Ohio DOM constitutional amendment. The plaintiff (naturally) is a Cincinnati state representative. The following from Saturday's Columbus Dogpatch.

"DOMESTIC PARTNERS
Miami benefits against the law, parent’s suit says
Wednesday, November 23, 2005
Alan Johnson
THE COLUMBUS DISPATCH

In the first legal challenge under Ohio’s same-sex marriage constitutional ban, a state lawmaker yesterday sued Miami University, alleging that it provides domestic-partner benefits to employees in a "marriage-mimicking relationship."

State Rep. Thomas E. Brinkman Jr., a Cincinnati Republican whose son and daughter are Miami students, filed the lawsuit in Butler County Common Pleas Court. It contends that the benefits are an unlawful use of state tax dollars.

Brinkman’s attorney is David Langdon, the Cincinnati lawyer who wrote the two-sentence constitutional amendment defining marriage as solely between one man and one woman. Ohio voters approved the amendment 62 percent to 38 percent in November 2004.

The suit alleges that Miami is violating the Ohio Constitution because it has "created and given recognition to a legal status of ‘domestic partnership’ for a certain form of same-sex cohabitation."

Further, the suit points out that the amendment not only prevents same-sex marriages but also blocks the state and all political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage."

Richard Little, communication director at Miami, said the university will fight the lawsuit.

"Benefits are tied to a business contract to an employee from our standpoint," he said. "Benefits are expanded to be competitive in the marketplace. They are not a marriage benefit."

Ohio State University also offers domestic-partner benefits, as do other academic institutions across the state.

"We don’t have an immediate plan to file companion lawsuits, but I certainly wouldn’t rule it out," Langdon said.

"I think ultimately the Supreme Court’s going to decide it. It’s a question of resources in filing lawsuits against other universities."

The suit requests a permanent injunction against Miami and its board of trustees, but Langdon said he doesn’t expect action in the case for several months.

Attorney General Jim Petro’s office would not comment on the lawsuit.

Petro, who opposed the amendment last year on the grounds that it was overly broad, will help defend Miami against the legal challenge."

I'm glad this is finally being litigated. The amendment might only be two sentences long, but they were poorly written. I can't believe I'm going to say this.... I agree with Jim Petro.