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Buckeye State Poised to Become 38th State to Enact Defense of Marriage Act

by Jody Brown
January 22, 2004

(AgapePress) - Members of Ohio's Senate have joined with those in the House in giving approval to a bill that would ban same-sex "marriages." Should the bill become law, Ohio would become the 38th state in the nation to enact a Defense of Marriage Act -- a critical number for those who are pushing for a Federal Marriage Amendment.

The bill that was passed by the Ohio Senate on an 18-to-15 vote is considered to be more far-reaching than the DOMA passed by most of the other 37 states. Like other DOMAs, the Ohio version limits marriage to one man and one woman. But it goes a step further: it prohibits state agencies from extending marital benefits to "domestic partners," which typically includes those in homosexual relationships. And in attempt to counter a 1934 Supreme Court ruling requiring states to recognize marriage from other states, HB 272 explicitly declares that same-sex marriages are "against the strong public policy of the state."

The bill has been returned to the Ohio House of Representatives for two minor clarifying amendments. The House passed the legislation earlier on a bipartisan 73-23 vote. Ohio Governor Bob Taft has indicated he will sign the legislation, pending a legal review.

An Ohio pro-family group is commending the Senate for acting swiftly in light of the current legal climate in the courts. Phil Burress, president of Cincinnati-based Citizens for Community Values (CCV), says time is of the essence.

"With the Massachusetts Supreme Judicial Court attempting to force same-sex marriage not only on its citizens but every other state in the nation, the urgency could not have been greater to push this bill to passage," Burress says in a press release.

During testimony before the state Senate regarding the legislation, the executive director of the Christian Coalition of Ohio pleaded with lawmakers to protect the sanctity of marriage.

"[T]here is nothing radical about validating marriage as a union between only one man and one woman," Chris Long told the Senate Finance Committee. "What is radical is the notion of abandoning the enduring ideal of marriage in order to recklessly pursue the agenda of a vocal few who desire to have their lifestyle affirmed."

Long said that without a DOMA on the books, marriage in Ohio is vulnerable. "All it takes is one judge who is sympathetic to [homosexual activists'] radical agenda to completely redefine marriage in Ohio," he warned. "The prospect of leaving the future of marriage in Ohio in the hands of the courts is inexcusable."

Advocates of a Federal Marriage Amendment to the U.S. Constitution will be watching closely as the final version of HB 272 makes its way to Governor Taft's desk. One of those is David Miller, vice president of CCV, who says the process for passing a Federal Marriage Amendment should begin in earnest.

"Marriage has always been limited to the union of a man and a woman, and not until very recently has anyone -- especially activist courts -- challenged it or attempted to redefine it," Miller says. "A constitutional amendment must be passed in order to keep revisionists from destroying this cornerstone of society."

Three-fourths of the states -- 38 of the 50 -- would be required to ratify any amendment to the U.S. Constitution before it could be enacted. Should Taft sign HB 272 into law, Ohio would become the 38th state to pass a Defense of Marriage Act.

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