Same-sex marriage ban’s biggest effect has been in political arena
Sunday, November 13, 2005
Alan Johnson

A year after Ohio’s much-debated constitutional ban on same-sex marriage took effect, the fireworks have fizzled.

There have been no lawsuits, no challenges and no visible fallout for businesses and universities, despite dire predictions.

Ohio State University and four other academic institutions — as well as many private businesses — continue offering benefits to same-sex couples just as they did before Ohioans voted overwhelmingly Nov. 2, 2004, to define marriage as solely between one man and one woman.

"It has stopped anyone who thought they could go to the courts and get around our marriage law," said Phil Burress, head of Citizens for Community Values, the Cincinnati group that engineered the vote on the constitutional amendment known as Issue 1. "It stopped them dead in their tracks."

But there are powerful impacts — and hints of problems.

• The amendment blurred the line on domestic-violence law, allowing some lawyers to argue that it does not recognize abuse against unmarried women in relationships as it does for those who are married. Legislation to correct the ambiguity was introduced in April in the Ohio House; a fourth hearing is scheduled this week.

• Ohio State reports the ban has had a "chilling effect" on recruiting professors and other professionals.

"It stretches beyond the concerns of the gay community," said Larry Lewellen, OSU associate vice president for human resources. "It signals an intolerance for diversity that worries people of color and others."

• Some businesses might be avoiding Ohio because of the ban.

Mary Mason, president of Missing Lynx Systems Inc., a California high-tech startup company, wrote to Gov. Bob Taft last year, saying her firm considered Ohio in its expansion plan but was unlikely to relocate here because of the marriage ban.

"Do not hang out a sign on Ohio that reads, ‘We are hostile to you and you,’ " Mason said.

Other possible consequences — that it would hamper private companies and endanger property ownership, inheritance and pensions — have not materialized.

At the same time, however, the amendment supercharged both sides in the debate.

Burress’ organization has become a powerhouse in state and national politics. Citizens for Community Values helped Texans organize their same-sex marriage ban, which was overwhelmingly approved Tuesday. It was the 19 th state to approve the measure.

"We have a place at the table, finally," Burress said.

Next on the agenda: passage of a national ban on same-sex marriage.

Other groups, such as the Patriot Pastors, also gained momentum.

"It took an assault on marriage to wake people up, especially the evangelical movement," Burress said.

On the other side, the amendment’s passage was the catalyst for opponents to organize, including Equality Ohio, a statewide, grass-roots group that came together after the election.

"We need a strong, long-term viable organization that is going to speak on our behalf," said Lynne Bowman, executive director.

"We have always been on the defensive, reacting to legislation that is taking away our civil rights. The community decided, ‘No more.’ "

Bowman said the major impact is that a large number of Ohioans "do not feel welcome anymore. We do not feel welcome in our own home."

"When it comes down to ground zero, we’re citizens of the United States, and we deserve the same constitutional protections as everyone else."

The impact of the amendment hit home personally for Nick Staup, 38, and Rolando Ramon, 52.

The Westerville couple went to Canada — which recognizes marriages of same-sex couples — and were wed Nov. 28, 2003. They fly a Canadian flag in the back yard of their home.

Both are part of a group called the Ohio Freedom to Marry Coalition.

"We went to Canada to be married because we wanted to see what it’s like to be American, to be included," said Staup, an employee at a call center for a communication company.

"You cannot treat Americans differently," he added.

Ramon, who works as a chef for The Limited, said his dream is that their marriage will be recognized in Ohio someday. But he said he didn’t let passage of the marriage amendment affect him.

"I won’t let it happen. I’m proud of what I am. . . . I was in the closet too long to go back now.

"Issue 1 gave us strength to move on and let us know how happy we are as a gay couple," Ramon said.

ajohnson@dispatch.com