OHIO VOTERS TO DECIDE ON NATION'S BROADEST MARRIAGE AMENDMENT: From the Associated Press

Ohio has the toughest of 39 state laws banning same-sex marriage. Now voters are being asked to back it up with the broadest of about a dozen proposed or passed state constitutional amendments on gay marriage.

Ohio's Issue One on the Nov. 2 ballot bans civil unions and legal status to all unmarried couples. Analysts say it could affect benefits policies of private employers as well as public and other legal agreements including joint home ownership.

"I don't think there's another one out there that's written more broadly," said Daniel Smith, a University of Florida political scientist who studies voter initiatives. "This is not only going to affect gays and lesbians."

Still, the amendment's language is so vague, including phrases such as "intends to approximate," that legal experts say it's impossible to predict how courts would interpret it. All that's guaranteed, they say, is years of litigation.

Polls have indicated the amendment will pass by a wide margin. ...

The amendment's author, Cincinnati attorney David Langdon, said he crafted it to go beyond the Ohio Defense of Marriage Act, which is limited to the benefits of marriage granted by law, such as the right to refuse to testify against a spouse in court.

With its gay marriage law, Ohio became the second state to deny some benefits to unmarried employees' partners.

After the law was passed in February, public universities and cities offered health insurance coverage to employees' domestic partners. Passage of the amendment wouldn't rescind those agreements but would prevent more government institutions from making what campaign director Phil Burress calls "an end run around marriage."

It also would solidify Ohio law that says two unmarried people can't jointly adopt a child, he said. ...

Opponents say the ban would apply to private employers because courts--as a public entity--would not be able to "recognize" or enforce a private contract that includes domestic partner benefits. Supporters deny the amendment's sweep is so broad.

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posted by Eve at 5:12 PM | link

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