VICTORY
On February 6th, 2004 Governor Bob
Taft signed H.B. 272, the Defense of Marriage Act (DOMA) into law.
Governor Taft issued this press release after making Ohio the 38th
state to pass DOMA legislation.
Governor Taft's Press Release
Thanks so much for contacting your
legislators! It really does make a difference!
What is DOMA (Defense of Marriage Act)?
HB272 or DOMA will strengthen and clarify Ohio's statutory
definition of marriage. If DOMA does not pass, Ohio will run the risk of allowing
the courts to impose their own eroded definitions of marriage. The recent decision
of the Massachusetts Supreme Judicial Court in Goodridge vs. Department of Public Health
has created a Constitutional crisis for every state under the Full Faith and Credit Clause
of the U.S. Constitution. Ohio [like Massachusetts] is only one of 13 states without
the protection of DOMA legislation. Immediate action by the Ohio General Assembly is
essential to protect the institution of marriage in our state!
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Provisions of HB272
1. Sec. 3101.01(A) amendment: "A marriage may
only be entered into by one man and one woman." This language would be added to
age requirements and restrictions on marrying a close relative.
2. Sec. 3101.01(C)(1): "Any marriage between persons
of the same sex is against the strong public policy of this state. Any marriage
between persons of the same sex shall have no legal force or effect in this
state…"
3. Sec. 3101.01(C)(2): "Any marriage entered
into by persons of the same sex in any other jurisdiction shall be considered and treated
in all respects as having no legal force or effect in this state and shall not be
recognized by this state."
4. Sec. 3101.01(C)(3): This section prohibits the specific
statutory benefits of legal marriage to nonmarital relationships. However, it
states, "Nothing in division (C)(3) of this section prohibits the extension of
specific benefits otherwise enjoyed by all persons, married or unmarried to nonmarital
relationships."
For example, the ability to bequeath property by a will is
a benefit enjoyed by all persons, married and unmarried. This action would not be
prohibited under HB272. This bill would also not institute any prohibition over
private companies from extending health care benefits to nonmarital relationships.
The bill is limited to "public acts, records, or judicial proceedings of this
state."
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Status
Ohio House Bill 272 [HB272]: Ohio's
Defense of Marriage legislation
Passed the Ohio House of Representatives: 73-23
Approved by Ohio Senate 18 -15
Signed by Governor Bob Taft on February 6th, 2004
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Reasons to support HB272
1. MASSACHUSETTS The U.S. Constitution [Article IV, Sec. 1]
states, "Full Faith and Credit shall be given in each state to the public acts,
records and judicial proceedings of every other State."
Therefore, unless Ohio has a clear strong public policy on
this issue, civil unions recognized in another state [e.g. Vermont or Massachusetts] would
have to be recognized in Ohio.
2. CLARIFICATION
Ohio Revised Code 3101.01(A) currently states, "Male persons of the age of eighteen
years and female persons of the age of sixteen years…may be joined in
marriage.." It technically doesn't specify that they have to be joined to each
other. Amending this section to require that "a marriage may only be entered
into by one man and one woman" will serve to clarify the intent and Ohio's historical
commitment to the institution of marriage as a union between a man and woman as husband
and wife.
3. JUDICIAL ACTIVISM In
Lawrence v. Texas, this past summer a majority of the U.S. Supreme Court specified that
that "Persons in a homosexual relationship may seek autonomy for these purposes
(i.e., 'marriage and family relationships'), just as heterosexual persons do." This
opened the door for judicial activism and enticed the Massachusetts Supreme Judicial Court
to overstep their authority under the "separation of powers."
A complete copy of HB272: http://www.legislature.state.oh.us/BillText125/125_HB_272_I_Y.html
[Note: Underlined language represents a change to state law.]
More Information on DOMA Legislation
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Immediate Action is Needed
CONGRESS
1. Immediately contact your U.S. Congressman
and U.S. Senator. Urge their support for the Federal Marriage Amendment to the U.S.
Constitution. [HJR 56] This will be the most effective way to reign in the
courts from creating a destructive back door access to the institution of marriage.
Find your U.S. Congressman: http://www.house.gov/
Find your U.S. Senator: http://www.senate.gov/
SHARE
2. Share this legislative alert with others. It makes a difference when elected
officials hear from their constituents!
CONTRIBUTE
3. Contribute through prayer and financial gifts. Your support can help reach more
people and help make an impact in Ohio. Think about it. You were able to learn more about
this issue and make a difference from another person's prayers and gift. Can you help us
reach one more? click here to
contribute
NOTE:
Senate roll call on DOMA:
Yeas
Amstutz,
Austria,
Blessing,
Carey,
Coughlin,
Randy Gardner,
Harris,
Hottinger,
Jacobson,
Jordan,
Mumper,
Nein,
Padgett,
Schuler,
Schuring,
Spada,
Wachtmann,
White
Nays
Armbruster,
Brady,
Dann,
DiDonato,
Fedor,
Fingerhut,
Robert Gardner,
Goodman,
Hagan,
Mallory,
Miller,
Prentiss,
Roberts,
Stivers,
Zurz
House roll call on DOMA:
Yeas
Aslanides, Blasdel, Book, Brinkman, Buehrer, Callender, Calvert, Carmichael, Cates,
Cirelli, Clancy, Collier, Core, Daniels, DeBose, DeGeeter, DeWine, Distel, Domenick,
Driehaus, Clyde Evans, Faber, Fessler, Flowers, Gibbs, Gilb, Grendell, Hagan, Hartnett,
Harwood, Hoops, Householder, Hughes, Husted, Jolivette, Kearns, Key, Kilbane, Latta,
Martin, McGregor, Niehaus, Oelslager, Olman, Thomas Patton, Peterson, Price, Raga,
Raussen, Reidelbach, Reinhard, Schaffer, Schlichter, Schmidt, Schneider, Seaver, Seitz,
Setzer, Sferra, Geoffrey Smith, Taylor, Trakas, Wagner, Walcher, Webster, White, Widener,
Widowfield, Willamowski, Williams, Wilson, Wolpert, Young
Nays
Allen, Barrett, Beatty, Brown, Carano, Chandler, Hollister, Jerse, Koziura, Mason, Miller,
Otterman, Sylvester Patton, Perry, Redfern, Skindell, Shirley Smith, Dan Stewart,
Strahorn, Sykes, Ujvagi, Woodard, Yates
Not voting:
Boccieri, David Evans, Jimmy Stewart,
State Representative Boccieri is in the military reserves
and was recently called to serve overseas. If your State Representative did not
vote, you may contact the House Clerk's office to inquire if he was present and/or excused
from the vote. House Rule #56 states, "Every member present when the question is put
shall vote unless excused by the House...A request to be excused shall be accompanied by a
brief written statement of the reasons for making such request, which shall be acted upon
by the House without debate."
Ohio House Clerk: 614-466-3357
If your Representative was present, but not "excused" you may want to contact
him and ask why he didn't vote.
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