Brinkman Takes on Miami University
State Representative Tom Brinkman (R-OH) has sued Miami University (Ohio) alleging that the university is unconstitutionally giving health benefits to employees living as domestic partnerships in violation of the Ohio Constitution. Section 15.11 of the Ohio Constitution states:
Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions. This state and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage.
Brinkman’s argument is that the domestic partnership benefit granted by Miami University recognizes a legal status of non-marriage that intends to grant an effect of marriage (university health benefits) to gay or lesbian couples. Moreover, Brinkman could also argue that mere recognition of a domestic parternship violates the Marriage Amendment as only marriages between one man and one woman are constitutionally valid.
It will be interesting to see the outcome of the case. In my view, Brinkman has a strong case against the Miami University. If Miami were to lose, then other Ohio universities with similiar policies (e.g., The Ohio State University) would be required to withdraw their domestic partner benefits. More to come in the days ahead.
Hat tip: Dark Angel82 at Free Republic.