Lawsuit Challenges Ohio School's Domestic Partner Benefits Program
by Jim Brown
November 29, 2005
(AgapePress) - - Miami University in Oxford, Ohio, is being sued over its policy providing benefits for so-called "same-sex domestic partners." State Representative Tom Brinkman has filed suit against the school's benefits program, claiming it violates a 2004 Ohio constitutional amendment banning homosexual marriage.
The university argues that since same-sex couples are unable to marry, their relationships should be given legal status. But Brinkman's attorney, Jeff Shafer with the Alliance Defense Fund, feels Miami University is undermining traditional marriage and trampling state law.
"The recently enacted Ohio Marriage Amendment passed by the voters last October makes it quite clear that that sort of regime is unconstitutional," Shafer says. Furthermore, he contends, "The university is essentially thumbing its nose at the Constitution and at the voters in maintaining this program."
Brinkman, a Cincinnati Republican, has two children who attend Miami University and, according to his lawyer, does not object to homosexual employees receiving benefits. "The problem lies in the fact that they have assigned a particular legal status to a relationship that intends to mimic marriage," the ADF attorney says, "and the Constitution disallows that sort of legal status."
In order to address that problem, the Miami University administrators "need to eliminate the policy as it now stands," Shafer asserts, "and any adjustment they make to the policy would simply need to comply with the Constitution."
Reportedly, about 30 people so far have taken advantage of some of Miami University's domestic partner benefits.
Jim Brown, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.
