The Columbus-based LGBT advocacy group Equality Ohio, its recently formed marriage equality arm Why Marriage Matters, and two national groups, the ACLU and the Human Rights Campaign, announced that they will actively oppose a two-year effort, organized by grassroots group FreedomOhio, to place an issue on the ballot this November overturning the state’s “Defense of Marriage” amendment. That amendment was inserted into the state’s constitution by voters in the 2004 election.
Instead, Equality Ohio and its partners will begin spearheading their own drive to go to the ballot in 2016.
While EO, HRC and the ACLU have made no secret of their reluctance to get behind FreedomOhio’s efforts, citing what they feel is the prematurity of the effort and the insufficient education of and support of voters, Michael Premo of Why Marriage Matters gave a new reason to Columbus’ Outlook Magazine as the key reason for not just its lack of cooperation but its active opposition.
He cited problems with the petition/ballot language to overturn the 2004 amendment. The language was approved by the state ballot board in April 2012, giving FreedomOhio the go-ahead to begin collecting signatures.
Contacted by CoolCleveland.com, Premo told us that his organization is primarily concerned with the final amendment’s clause, which says “no religious institution shall be required to perform or recognize a marriage.” He says their lawyers have red-flagged the word “recognize.”
He adds that although it appears that this came out of nowhere, their lawyers have been looking at it for a while. “We didn’t make this decision lightly which is why we didn’t make this public before.”
Their concern, he says, is a flurry of lawsuits, similar to those conservatives have lobbed at the affordable care act, trying to expand the definition of “religious institution” to schools, hospitals and other service organizations run by religious institution, allowing them to deny their services to LGBT people.
“In all states that have passed marriage equality, there has been language that no institution would be forced to perform a marriage, but this language is unprecedented,” he says. “It enshrines discrimination into the constitution. If this passed in Ohio, other states might look and say it worked there, it could work for them. It’s so critically flawed we could not support it.”
Ian James and James Gutierrez-Winnett are the two Columbus political consultants who hatched the idea for Freedom Ohio in January 2012, concerned about the foot-dragging and lack of progress on marriage equality in Ohio. They enlisted help informally via social networking and soon had a team of volunteers across the state. They’ve been gathering signatures and educating voters for nearly two years.
They say they now have about 650,000 signatures, with 385,000 required to land a place on this November’s ballot. They’re going for a million and have until the end of June to collect them. And they say the concern about a broad definition of “religious institution” is specious.
“They [EO] were asked to provide specifics, and they always spoke in speculative concerns, such as ‘It could lead to court cases,’” says James. We’ve heard those threats before … from Phil Burress [founder of Cincinnati-based conservative group Citizens for Community Values] and the religious fundamentalists. We also had our constitutional lawyer offer to work with them in person, phone, email, skype. They never darkened his door, called, wrote, or initiated a video conversation.”
As far as the definition of “religious institution,” he says, “Here’s the thing: A ‘religious institution’ is considered to be so when a majority of its work is evangelizing and/or proselytizing. Placing a crucifix, Star of David or crescent moon and star over a door doesn’t make a building a religious institution. It’s about the work, not the affiliation.”
James and Winnett say their work with proceed, regardless of what Equality Ohio and their allies do, while Premo says Why Marriage Matters has just begun its process of education — the work FreedomOhio has been doing for two years — with a series of townhall meetings around the state. (They will be in Cleveland at Cleveland Public Theatre at 6 pm on Tue 3/4.)
Although its opposition to the ballot language would nullify the signature gathering work already done, Premo says he is hopeful that the FreedomOhio volunteers will get on board with starting all over with this brand-new effort.
“We’re already reaching out to them,” he says. “We’re approaching this from an understanding and compassion for work they have done. We hope they will come to our volunteer efforts and take the same level of dedication and effort they have applied to signature gathering.”
James says that even though Equality Ohio wants to start from ground zero with itself in the leadership role, FreedomOhio is moving on toward its one million signatures and continuing its education campaign. He expresses his suspicion that “out-of-state groups” — primarily the Human Rights Campaign wants to use Ohio as an ATM to provide resources for efforts in other states they perceive as being surer shots to OK marriage equality.
“FreedomOhio moves forward,” says James.” They may delay, but they will not stop the campaign. What, they’re STILL not going to donate? FreedomOhio has been fortunate to have the support of volunteers who have helped build support from Ohio voters. FreedomOhio moves forward, knowing the language is sound. ”
Man signs marriage equality petition at Cleveland Pride, June 2012: Photo by Anastasia Pantsios