In follow up to my post on Lambda Legal (and other self-anointed "gay elites") perhaps being in a snit over the federal law suit filed last week by a Norfolk, Virginia, now a couple in Ohio has filed a federal lawsuit in that state. Obviously, if Lambda Legal and the ACLU want to monopolize the filing of such lawsuits, they need to get on the ball. ABC 5 News reports on the new suit in Ohio. Here are details:
CINCINNATI - Two Cincinnati men who married in Maryland last week filed a federal lawsuit Friday claiming it is unconstitutional for Ohio not to recognize their marriage. While the marriage of John Arthur and Jim Obergefell of Over-the-Rhine is legal in Maryland, it is not in Ohio.
The suit, filed by the couple, states the way the law treats marriages between opposite-sex couples is unfairly different from the way it treats marriages between same-sex couples. "It's blatant discrimination," said the couple's attorney Al Gerhardstein. "It's a denial of equal protection."
The suit points to an example of a marriage between first cousins. In Ohio, it is illegal. But if first cousins go to another state and marry where it is legal, Ohio will recognize their out of state marriage as valid.
"Equal protection demands that opposite-sex couples and same-sex couples should be treated the same," Gerhardstein said in a release. "John and James were validly married in Maryland. If they were an opposite sex couple, Ohio would recognize their marriage. Being a same-sex couple is no longer a good enough reason to deny them equal rights."
While Lambda Legal has its reasons for having lawsuits coordinated,
as I noted before, there is growing frustration in states like Virginia where those who
some call the "gay elites" sit safely in gay friendly jurisdictions like
New York and Washington, D.C., and lecture those faced with no rights
or legal protections, give them a pat on the head and then tell Virginians
and others "be patient, we know best." One must not forget that
when the Hollingsworth v. Perry suit was filed, these same elites argued
against the case being brought.
The reality in Virginia is that only federal court rulings will bring marriage equality in the near term since the Virginia GOP has gerrymandered General Assembly districts in such a manner that public approval of gay marriage can and will be flouted as the Virginia GOP continues to prostitute itself to the Christofascists.
1 comment:
I read you earlier post, and agree with many of your points. I can also see some advantages to a coordinated strategy. They're not wrong, that the wrong case took to the wrong court could result in a very negative precedent that could be cited by other courts.
But in the end, everyone is entitled to their day in court.
This case, however, is one Lambda the professional geyz should have been all over. To me, this sounds like a perfect case. A marriage that would otherwise be illegal to certify in Ohio, is recognized if licensed in a state where it is legal. Man, that just has equal protection written all over it. I think even Scalia (if he hadn't gone crazy) would have to go along with.
Also, this case doesn't seem to be demanding the right to marry in Ohio...so it's an incremental thing that sets up the next step. Anything can happen in court, but I don't think the cases get any better than this, and a ruling that equal protection requires recognition by non-equal-marriage states would be a huge step.
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