Ohio Plans Unspeakably Cruel Appeal Of Dying Man’s Last Wish

By Ian Millhiser on Jul 25, 2013, ThinkProgress

John Arthur is dying. He is in the terminal stages of Lou Gehrig’s disease and has entered hospice care. Arthur is also gay, and in a 20 year relationship with a man named Jim Obergefell. Because the couple’s home state of Ohio will not allow them to marry, Arthur and Obergefell recently flew to Maryland together and were legally married on the tarmac — just weeks after the Supreme Court’s landmark marriage equality decision in United States v. Windsor. Arthur was unable to rise from his hospice bed.

In his final days, Arthur wants to honor his commitment to his husband. He wants his own death certificate to list Obergefell as his “surviving spouse.” And he wants to die knowing that his partner of 20 years can someday be buried next to him in a family plot bound by a directive that only permits his lawfully wedded spouse to be interred alongside him. And, on Monday, a federal judge ruled that Arthur should indeed have the dignity of dying alongside a man that Ohio will recognize as his husband.

And now, Ohio Attorney General Mike DeWine (R) wants to take that dignity away from Mr. Arthur. The day after a judge issued a temporary restraining order requiring Ohio to list Arthur’s husband as his “surviving spouse” on his death certificate, DeWine announced that he would appeal this decision and try to strip a dying man of his final wish.

There are marriage equality cases with sweeping national implications. This is not one of them. The judge’s order is limited exclusively to Arthur and Obergefell. Indeed, as the judge explains, “there is absolutely no evidence that the State of Ohio or its citizens will be harmed by the issuance” of an order requiring Ohio to acknowledge the two men’s marriage. “No one beyond Plaintiffs themselves will be affected by such a limited order at all.”

There are also marriage equality cases where a great deal of money is at stake. But this is not one of those either. In Windsor, plaintiff Edith Windsor sought $363,053 in estate taxes she was forced to pay because the federal government would not acknowledge her marriage to a woman. Arthur, by contrast, hardly has an estate to tax. He and his husband had to raise donations to cover the cost of their flight to Maryland.

Yet, while Ohio has nothing to gain from refusing to comply with the judges’ order, Arthur and Obergefell have a tremendous amount to lose. Thanks to DeWine’s appeal, Arthur will spend his last days unsure whether he and his husband can someday lie together in his family burial plot. The two men’s final moments will be poisoned by uncertainty over their lawsuit. And Obergefell will likely be forced to spend his first weeks as a widower caught up in discussions with his lawyers about the litigation itself. The couple also could lose their case. Most of the judges on the appeals court that will hear their case are Republicans.

There is a common refrain among marriage equality’s opponents that discrimination is necessary to remove some kind of “threat” equality poses to straight couples’ marriages. This case is a put up or shut up moment for these voices. Who, exactly, will divorce because Ohio will acknowledge one gay couple’s marriage? What strife will result when Obergefell someday is laid to rest next to Arthur? Where is the wife that will leave her husband because Arthur died alongside his? Who does DeWine think he is serving by filing this appeal?

Someday very soon, Obergefell will go home, lie in an empty bed, and confront for the first time the prospect of a life without his husband. In that moment of loss, he believes he will find some comfort if the State of Ohio acknowledges that he feels the same pain that he would have felt if he were married to a woman. That’s what DeWine wants to take away. And it will gain the people of Ohio nothing.

Update

A spokesperson for DeWine clarifies that he does not intend to appeal this temporary order because, the spokesperson says, such an order is not generally appealable. Nevertheless, DeWine also plans to “continue to defend Ohio’s constitutional amendment and law banning same-sex couples from marrying and banning the state from recognizing such marriages,” according to BuzzFeed’s Chris Geidner.

In other words, while DeWine does not plan to appeal the judge’s recent temporary order, he still plans to put up a full legal fight against Arthur and Obergefell’s right to be permanently recognized by Ohio as husbands.


This material [the article above] was created by the Center for American Progress Action Fund. It was created for the Progress Report, the daily e-mail publication of the Center for American Progress Action Fund. Click here to subscribe.

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NV Assembly brings Nevada one step closer to marriage

equality.fwToday, the Nevada State Assembly approved SJR13, continuing the multi-year process of placing on the 2016 ballot a question to repeal Nevada’s current ban on same-sex marriage and replace it with a law granting marriage equality to all Nevadans. The same bill passed the state senate last month and now must be passed in the next legislative session in 2015 to continue the process.

Through phone calls, letters, and lobbying, you made sure your state assemblyperson knew that Nevadans stand on the side of fairness and equality.

This incredible victory is a testament to the leadership of Assemblyman James Healey and Assemblyman Elliot Anderson.

  

Now it’s time to say thanks.

These leaders have shown what equality really means – they shared their stories, opened up their lives, and lived the values of true leadership – all to ensure that SJR13 passed.

HRC is proud to work with our legislative allies and progressive organizations on the ground in Nevada. The journey is not over. We’ll need your help to reelect those legislators who stood up for fairness and equality and to win again in the next legislative session.
Sincerely,


Marty Rouse
Human Rights Campaign, National Field Director

P.S. There was more good news out of Carson City today when Governor Sandoval signed a law that adds gender identity and expression to Nevada’s hate crimes law.

Texas Judge Forbids Lesbian Woman From Living With Her Partner

In a post at Think Progress last Friday, we once again learn that the REPUBLIBAN’s culture war against the LGBT community is still raging —

By Ian Millhiser on May 17, 2013 at 1:30 pm

Carolyn Compton is in a three year-old relationship with a woman. According to Compton’s partner Page Price, Compton’s ex-husband rarely sees their two children and was also once charged with stalking Compton, a felony, although he eventually plead to a misdemeanor charge of criminal trespassing.

And yet, thanks to a Texas judge, Compton could lose custody of her children because she has the audacity to live with the woman she loves.

According to Price, Judge John Roach, a Republican who presides over a state trial court in McKinney, Texas, placed a so-called “morality clause” in Compton’s divorce papers. This clause forbids Compton having a person that she is not related to “by blood or marriage” at her home past 9pm when her children are present. Since Texas will not allow Compton to marry her partner, this means that she effectively cannot live with her partner so long as she retains custody over her children. Invoking the “morality clause,” Judge Roach gave Price 30 days to move out of Compton’s home.

Compton can appeal Roach’s decision, but her appeal will be heard by the notoriouslyconservative Texas court system. Ultimately, the question of whether Compton’s relationship with Price is entitled to the same dignity accorded to any other loving couple could rest with the United States Supreme Court.


This material [the article above] was created by the Center for American Progress Action Fund. It was created for the Progress Report, the daily e-mail publication of the Center for American Progress Action Fund. Click here to subscribe.  Image credit to http://timetowrite.blogs.com

What I’ve Been Reading Lately— Monday, 3/25/2013

Lean in, Women; Corporations and Government, Brush Off Your Hands

Veena Trehan, Op-Ed: Fifty years ago, Betty Friedan’s “Feminine Mystique” explained how wives were not fulfilled by homemaking and childbearing. Woman couldn’t get credit, were fired when their pregnancy showed and held mostly assistant or teaching positions in the 1960s. We’ve come a long way. Today, women comprise 58 percent of college students, 33 percent more college graduates than men, and a strong presence in most industries. Yet, they make up only 20 percent of Congress, 4 percent of Fortune 500 companies’ CEOs, and 15 percent of senior executives.

Senate Passes Monsanto Protection Act Granting Monsanto Power Over U.S. Govt.

Anthony Gucciardi, News Report: In case you’re not familiar, the Monsanto Protection Act is the name given to what’s known as a legislative rider that was inserted into the Senate Continuing Resolution spending bill. Using the deceptive title of Farmer Assurance Provision, Sec. 735 of this bill actually grants Monsanto the immunity from federal courts pending the review of any GM crop that is thought to be dangerous. Under the section, courts would be helpless to stop Monsanto from continuing to plant GM crops that are thought even by the US government to be a danger to health or the environment.

Drone Warfare is Neither Cheap, Nor Surgical, Nor Decisive

William Astore, Op-Ed: Today’s unmanned aerial vehicles, most famously Predator and Reaper drones, have been celebrated as the culmination of the longtime dreams of airpower enthusiasts, offering the possibility of victory through quick, clean and selective destruction. Those drones, so the (very old) story goes, assure the U.S. military of command of the high ground and so provide the royal road to a speedy and decisive triumph over helpless enemies below. Fantasies about the certain success of air power in transforming, even ending, war as we know it arose with the plane itself.

Don’t Like Your Health Insurance? Make Your Own

Nina Rogozen, News Report: Millions of Americans lack adequate health care, using emergency rooms as a costly alternative or getting no care at all. The Patient Protection and Affordable Care Act (ACA), often called “Obamacare,” opened the door for an affordable option. The December 31, 2012 deal between Congress and the administration that avoided the so-called “fiscal cliff” has, at least for the moment, closed that door for 26 states. The ACA funds private, nonprofit health insurers called Consumer Operated and Oriented Plans—CO-OPs. It originally set aside $3.4 billion for low-interest loans—seed money for at least one health cooperative in each state, plus Washington, D.C.

Capitalism in Crisis: Richard Wolff Urges End to Austerity, New Jobs Program, Democratizing Work

Amy Goodman, Video Interview: As Washington lawmakers pushes new austerity measures, economist Richard Wolff calls for a radical restructuring of the U.S. economic and financial systems. We talk about the $85 billion budget cuts as part of the sequester, banks too big to fail, Congress’ failure to learn the lessons of the 2008 economic collapse and his new book, “Democracy at Work: A Cure for Capitalism.” Wolff also gives FOX news host Bill O’Reilly a lesson in economics 101.

America Split in Two: Five Ugly Extremes of Inequality

Paul Buchheit, Op-Ed: The first step is to learn the facts, and then to get angry and to ask ourselves as progressives and caring human beings, what we can do about the relentless transfer of wealth to a small group of well-positioned Americans. End the capital gains giveaway, which benefits the wealthy almost exclusively. Institute a Financial Speculation Tax; both to raise needed funds from a currently untaxed subsidy on stock purchases and to reduce the risk of the irresponsible trading that nearly brought down the economy.

Thirteen Offensive Things Justice Scalia’s Compared to Homosexuality

Ian Millhiser, News Report: Tomorrow, the Supreme Court will hear the first of two cases which could end discrimination against same-sex couples and ensure that all Americans can marry the person they love. Whatever happens in those two cases, one thing is all but certain: Justice Antonin Scalia will vote to maintain marriage discrimination and he will spend much of this week’s oral arguments making insulting comments about LGBT Americans. After the offensive things Scalia compared homosexuality to in his past opinions, Scalia concludes his Lawrence dissent with a plea that he is not in the least bit anti-gay. “Let me be clear,” Scalia writes, “that I have nothing against homosexuals.”

Asia and a Post-American Middle East

Yuriko Koike, Op-Ed: When the consequences of the U.S.-led invasion of Iraq ten years ago are fully assessed, the importance of the subsequent rise of political Islam there—and throughout the wider Middle East—may well pale in comparison to that of a geostrategic shift that no one foresaw at the time. That shift, however, has now come into view. With America approaching energy self-sufficiency, a U.S. strategic disengagement from the region may become a reality. China’s dependence on Middle East energy imports means that it is almost certain to seek to fill any regional security vacuum.

How to Avoid Fake Organic Products

Anthony Gucciardi, News Report: Thanks to corporate loopholes and profit-driven manufacturers, it’s harder than ever to really know what you are putting into your body — or perhaps even more importantly the mouths of your children. That said, it is possible to make sure you’re getting what is not just labeled organic and shipped from a contaminated facility in China, but actually high quality. The fact of the matter is that the decision to switch to organic food is one that signifies a serious change in lifestyle across the board, leading to a wealth of information and serious optimizations for your health.

Dozens Arrested as Keystone XL Protests Erupt Across the U.S.

News Report: One month after the largest climate rally in U.S. history urging President Obama to deny the permit for the Keystone XL pipeline’s northern segment, protesters in dozens of cities throughout the U.S. are confronting Keystone XL’s corporate backers directly. Thirty-seven have been arrested over the last 10 days for disrupting business as usual at TransCanada and their investors’ offices, with more actions planned over the next couple of days.

Debt Friendly Stimulus

Robert J. Shiller, Op-Ed: With much of the global economy apparently trapped in a long and painful austerity-induced slump, it is time to admit that the trap is entirely of our own making. We have constructed it from unfortunate habits of thought about how to handle spiraling public debt. People developed these habits on the basis of the experiences of their families and friends: when in debt trouble, one must cut spending and pass through a period of austerity until the burden (debt relative to income) is reduced.

Fox: Americans Need Assault Weapons to Protect Themselves from an Iranian Invasion, Al Qaeda

Igor Volsky, News Report: During a roundtable discussion on Friday, Fox News’ Lou Dobbs agreed with a network contributor who argued that Americans need to access military-style assault weapons to protect themselves from an Iranian invasion. “What scares the hell out of me we have a president, as we were discussing during break, that wants to take away our guns, but yet he wants to attack Iran and Syria. So if they come and attack us here, we don’t have the right to bear arms under this Obama administration,” Angela McGlowan, a former lobbyist for News Corp., said in the midst of a conversation about violence in Syria.

Climate Change Now Seen as Security Threat Worldwide

Jim Lobe, News Report: Defense establishments around the world increasingly see climate change as posing potentially serious threats to national and international security, according to a review of high-level statements by the world’s governments released here Thursday. The review, “The Global Security Defense Index on Climate Change: Preliminary Results,” found that nearly three out of four governments for which relevant information is available view the possible effects of climate change as a serious national security issue.

Tea Party Aligned S. Carolina Candidate Bankrolled by Kentucky Natural Gas Exec

Michael Beckel, News Analysis: Natural gas executive James Willard Kinzer of Kentucky is one of more than 100 small business owners listed online as supporting Curtis Bostic, the former Charleston County council member who appears to have advanced to a runoff against former Gov. Mark Sanford following Tuesday’s 16-way GOP primary in South Carolina’s 1st Congressional District. But he’s much more than that. Not only did Kinzer donate the legal maximum to Bostic’s underdog campaign, he pumped $30,000 into a pro-Bostic super PAC called the “Coastal Conservative Fund.”

BBC-Guardian Exposé Uses WikiLeaks to Link Iraq Torture Centers to U.S. Col. Steele and Gen. Petraeus

Amy Goodman, Video Feature: A shocking new report has been released by The Guardian newspaper and BBC Arabic detailing how the United States armed and trained Iraqi police commando units that ran torture centers and death squads. It’s a story that stretches from the U.S.-backed involvement in Latin America to the imprisoned Army whistleblower Bradley Manning. Amy Goodman is joined by Chief Reporter Maggie O’Kane

Beware the New Corporate Tax-Cut Scam: LIFT is a Big LIE

Dave Johnson, Op-Ed: The executives who run the giant multinationals want to be let off the hook for paying taxes on profits they make outside our borders. As an Apple executive said to The New York Times, giant multinationals “don’t have an obligation to solve America’s problems.” And to prove it, American corporations are holding $1.7 trillion in profits outside the country—just sitting there—rather than bringing that money home, paying the taxes due and then paying it out to shareholders or using it to “create jobs” with new factories, research facilities and equipment.

Full Show: What Has Capitalism Done for Us Lately?

Bill Moyers, Video Interview: Sheila Bair, the longtime Republican who served as chair of the Federal Deposit Insurance Corporation (FDIC) during the fiscal meltdown five years ago, joins to talk about American banks’ continuing risky and manipulative practices, their seeming immunity from prosecution and growing anger from Congress and the public. Also, Richard Wolff, whose smart, blunt talk about the crisis of capitalism the first time around now answers questions sent in by viewers, diving further into economic inequality, the limitations of industry regulation and the widening gap between a booming stock market and a population that increasingly lives in poverty.

An Open Letter to Mitch McConnell, From a Kentuckian

Carl Gibson, Op-Ed: Kentuckians live by the phrase, “United We Stand, Divided We Fall.” It’s emblazoned on our flag, and shows two men, a frontiersman (Daniel Boone) and a statesman (Henry Clay) standing together. They may be standing on opposite sides of the seal, but their embrace symbolizes a spirit of cooperation and caring for your fellow man even though you may sometimes disagree with him. Yet, as Senate Minority Leader, Mitch McConnell proudly announced that his chief goal as the top Republican member was not to create jobs or help schools or look out for struggling middle class, but to deny President Obama a second term.

GMO Boycott: Major Supermarkets Say NO to GM Salmon

Anthony Gucciardi, News Report: Whether or not the FDA chooses to approve genetically modified salmon for sale in the marketplace, supermarkets themselves have decided to take a stand in the form of a mass boycott. One that would serve to crush the profits of the unlabeled seafood abomination. In a move that signifies the growing opposition to genetically modified creations from a grassroots level all the way to corporate understanding of consumer demand, chains like Whole Foods, Trader Joe’s, Aldi, and others are now all reporting that they will refuse the sale of AquaBounty Technology’s modified salmon.

Faced with F-35 Failures, Costs; Congress Says to Push On

William Boardman, News Report: The F-35 is a case study of government failure at all levels—civilian and military, federal, state, local, even airport authority. Not one critical government agency is meeting its obligation to protect the people it presumably represents. Senator Patrick Leahy, D-Vt., who wrote the F-35 critique above, is hardly unique as an illustration of how government fails, but he sees no alternative to failure. The F-35 is a nuclear-capable weapon of mass destruction that was supposed to be the “fighter of the future” when it was undertaken in 2001.

Hillary Clinton Joins Fight for Marriage Equality

Americans from all walks of life are expressing their support for marriage between loving and committed gays and lesbians. Now,  former Secretary of State Hillary Rodham Clinton has joined the Human Rights Campaign in our public campaign for marriage equality.

“We are honored to have Secretary Clinton’s moving statement as part of our Americans for Marriage Equality series. Now that she has left office and can speak publicly about the issue that is so important to all of us, Hillary shares her experience as Secretary and what she learned while representing our country around the world, and what she has come to believe.” —Human Rights Campaign

Marriage equality is no longer a partisan issue. It’s time to spread the message that marriage for gay and lesbian couples is at the heart of American values.