The Facts About Issue 1

 

Q. Why is Issue 1 on our ballot?

 

A. The answer is very simple. Right now there are legal actions in 11 states to change or undermine the definition of marriage. In Massachusetts, those who wish to change the definition of marriage were successful in convincing four out of seven judges to create same-sex “marriage” for that state. Other officials have defiantly refused to apply the well established definition of marriage in their states, a defiance which threatens to result in legal chaos. The actions of these officials are being defended in some courts even as you read this sentence.

 

Right here in Ohio, the main opponents of Issue 1, many of whom already live in unmarried sexual relationships, believe that Ohio needs to change our definition of marriage, either now, or in the future. But do you hear the opponents of Issue 1 stating their goal to the public? The silence is deafening.

This is because they know that the people of Ohio would reject the goal of undermining or redefining marriage in our state.

 

That’s one reason why over 550,000 Ohioans signed petitions to allow a vote on a Marriage Protection Amendment. Since judges are bound by the state constitution in a way that they are not bound by statutes, passage of Issue 1 would first and foremost insulate our definition of marriage from judicial re-interpretation, undermining or being overturned outright.

 


 

Q. Is the Marriage Protection Amendment a reasonable response to the problem of judicial activism and the ongoing efforts all across America to change our definition of marriage?

 

A. Issue 1 is a very reasonable response. The passage of Issue 1 would represent great progress in protecting the institution of marriage for the citizens of Ohio, both for ourselves and for our children. The passage of Issue 1 would place Ohio right in the mainstream company of 213 million Americans whose states have already moved to recommit themselves to the American definition of marriage through the passage of Defense of Marriage Act (DOMA) statutes, and the total of 17 states that are expected to have Marriage Protection Amendments in place after the November 2nd election.

 

Nothing could be more reasonable than Ohio joining 37 other states in their effort to re-affirm our definition of marriage, either thorough DOMA laws or through constitutional amendments. This bill ensures that activist judges from far away places will not undermine the unique place we have given marriage for generations.

 


 

Q: What do homosexual activists and revisionists really want and where can marriage redefinition lead our society?

 

A: One revisionist recently chastised the OCPM saying, "It is shameful to put up barriers to love, no matter whom the love is between." 

 

Surely, we thought, no one means ALL barriers. She just thinks the proper gender requirement is wrong. So we asked if she was suggesting we eliminate other "discriminatory" state laws that limit how old someone must be before they can get married or the ones that say you can't get married if you are already married to someone else or the ones that limit the kinship of the ones you can marry. 

 

To our shock, she actually said YES! "I do think we should eliminate state laws that say you can't get married to more than one person, or the [ones] that limit the kinship of those being married, as long as all the parties are adults capable of giving their full consent...If both people are adults who love each other, and their lives will be more fulfilling because of the marriage, it's up to them. Incestous [sp] relationships are not a new thing, they're even chronicled in the Bible."

 

To her credit, age limits are still OK. "I don't support the elimination of age of consent laws, as a child is not yet experienced enough to understand the decision they are making, and it is very easy for an adult to influence and coerce a child into something they don't understand." [signed: Carin]

 


 

Q: Why are both parts of the amendment needed in order to protect marriage in Ohio?

 

A: Most of the opposition to Issue 1 is targeted at the second sentence of the amendment. The problem with their position is that they are attempting to separate the two sentences when they are actually one in the same. The first defines marriage and the second identifies marriage as having a unique place in our society and protects it from any counterfeits.

 

There are many who would like to change the definition of marriage today. Without the second sentence, the door is left open to anyone - be it by judicial, legislative or executive means - creating any marital-type relationship that has all the qualities of marriage and just calling it something else such as a "civil union" or "domestic partnership." If someone wants to undermine or redefine marriage, then the door must be left open to other names. Otherwise, both parts are needed.

 

For example, the State of Ohio reserves the right to issue drivers licenses. No political subdivision within the state is allowed to create their own with other rules, such as allowing 12 year olds to drive, and then call it something different like a vehicular operators permit. This amendment prohibits the same circumvention with marriage.  

 


 

Q. Will Issue 1 keep Ohio companies from hiring the people of their choice and make Ohio less attractive to new families and employees?

 

A. There is nothing in Issue 1 that would keep a state institution in Ohio from offering an attractive employment package to prospective employees. Furthermore, Issue 1 does not apply to private employers. The Federal Employee Retirement Income Security Act (ERISA) of 1974 protects the right of private companies to provide employee benefits to whomever they wish. And NO Ohio laws or amendments can override it. It's deceitful to say so.

 

 It is true that some government employees live in unmarried sexual relationships. But should the state allow or promote official creation of “imitation marriage” employee categories or legal status just for those few? No. Prospective employees can be offered other inducements, such as higher pay or other benefits not related to their choice of an unmarried sexual partner(s) if their talents or abilities are critical to an employer.

 

Some state institutions, such as universities, may wish to grant “domestic partner benefits,” that is to give the same kind of benefits that a husband or wife might receive to unmarried individuals in a live-in sexual relationship. But a large majority of Ohioans believe this is wrong and that state approval or tax dollars should not be used in this way.

 

Issue 1 would further protect the unique place of marriage, strictly limiting the benefits of marriage to those who are married and keep them from being given to unmarried heterosexual or homosexual individuals, if the intent was to copy the design of marriage, thereby circumventing marriage laws and accessing its benefits through a back door. Sound reasonable? Sure, but not to some.

 

In a recent editorial board meeting with the Dayton Daily News, one hostile questioner actually blurted out, "Do you realize that if Issue 1 passes, individuals who are not married will not be able to obtain marital benefits?" Incredibly astute, wouldn't you say? But that fact is what incensed the individual.

 

Sometimes when public officials and institutions move to offer marriage-like benefits to employees in unmarried sexual relationships, they will do it secretly or with little public notice. Ohio State University trustees were sadly representative of this fact this summer when, in apparent violation of Ohio’s “Sunshine Laws” they, with no public notice or debate, voted to offer “domestic partner” benefits to their employees. Ohio newspapers and even Attorney General Jim Petro harshly criticized the university for its lack of openness in taking such a controversial and divisive step. For details see http://gopusa.com/ohio/news/osutrustees0801.shtml

 

Furthermore,  the question must be asked whether Issue 1 opponents truly believe that the best way for Ohio to grow economically is to offer special state recognition and tax dollar subsidies to people who are just shacking up. If so, they should state it openly.

 

The fact is that most Ohioans realize that if we want to attract folks to come to Ohio to make their living and raise their families here, then Issue 1 makes perfect sense. By not changing our definition of marriage, we send a message of stability and commitment to the values that most Americans hold dear. That is perhaps one reason why economic powerhouses like Nevada have passed a Marriage Protection Amendment and why other states like Utah, Michigan, Georgia, Kentucky and six others are on the verge of protecting marriage in their states.

 

The Bottom Line

 

One Ohio executive recently wrote the Ohio Campaign to Protect Marriage, “The bottom line is this: Marriage is good for the citizens of Ohio and Ohio employers. In fact, as you can read in the White Paper, Why Supporting Marriage Makes Business Sense, "Since married employees are generally happier, healthier, and more dependable than single or cohabiting employees, employers should adopt policies that promote stable marriages for their employees.’ Here is a copy for you.”

The OCPM would like to share this with those who are interested in promoting and protecting marriage. See http://www.corporateresourcecouncil.org/white_papers.html

 


 

Q: Will Issue 1 take away any benefits currently afforded to state or government employees?

 

A: Any legal contracts in force at the time of passage remain legal until the contract expires, as with any other legal contract in the state regardless of the parties. Legally binding contracts cannot be nullified by the passage of any law. So since most of the state universities contract their employment through union negotiations, those union contracts remain valid until expiration, thereby allowing any domestic partner benefits to continue. If passed, the amendment will prohibit the state or political subdivisions from subsequently attempting to change or recognize a change in the definition of marriage. Because state universities are considered state institutions, they would not be allowed to create their own definition of marriage or attempt to approximate it after the passage of the amendment.

 


 

Q: Does Issue 1 prohibit individuals from bequeathing their property through a will to whomever they wish? 

 

A: Absolutely not. The second part has absolutely nothing to say about the right of anyone to bequeath whatever he/she wants to another individual. All these matters are the subjects of legal instruments, which have their operation completely independent of the nature of the relationship of the affected parties. A judge asked to enforce any of these contracts or legal instruments need not give the first moment's consideration to what kind of personal relationship the parties have. The question won't be asked if they are married or not, if there is a will involved. If there is no will, then the state legislature has already dictated in state law how the estate will be distributed.

 


 

Many, many Ohioans have worked hard for six months to place on our ballot an amendment that will confirm the truth of marriage as the union of one man and one woman and that will take that truth out of the reach of activist judges or any other force that would seek to destroy it.  We are almost there!

 

The same-sex activists who are opposing us know that the overwhelming majority of Ohioans want to protect the truth of marriage as understood by every major world religion and confirmed by every enduring society in the history of civilization.  They therefore have stopped talking about marriage, and have turned to distortions and outright lies to scare people into not voting to approve this amendment that will protect marriage.

 

We must expose their lies so that you can help others discern the truth.

 

Lie #1:  Issue 1 will prevent private companies from offering health care benefits to their employees.

 

Answer:  The proposed amendment pertains to the “state and its political subdivisions” only.  There is no mention of private companies, and there is no reasonable way to construe that the language would affect private companies.  Further, federal law (the Federal Employee Retirement Income Security Act [ERISA]) specifically protects the rights of private companies to offer benefits to whomever they wish and prohibits States from interfering with that right. It's a nothing but a scare tactic to say otherwise.

 

Lie #2:  Issue 1 will prevent senior citizens from executing contracts such as wills, powers of attorney and mortgages.

 

Answer:  All these matters are subjects of legal contracts, the enforcement of which is completely independent of the marital relationship of the parties of the contracts. A judge asked to enforce any of these contracts would give no consideration at all to the relationship between them.  This is an unconscionable attempt to scare our senior citizens.

 

Lie #3:  Issue 1 will interfere with the right of single persons and unmarried couples to adopt children.

 

Answer:  Ludicrous!  The proposed amendment in no way pertains to, affects or changes Ohio’s existing adoption laws. 

 

Lie #4:  Issue 1 will prevent unmarried young people from entering into a mortgage together and purchasing a home.

 

Answer:  The same as Lie #2, but in this case they are targeting younger couples.  A mortgage is a contract, and mortgagers (lending institutions) are not allowed to consider the relationship of the mortgagees when qualifying them for a loan.

 

Lie #5:  Issue 1 threatens maternity benefits for unmarried parents.

 

Answer:  In matters of health benefits, including maternity benefits, private companies and governments are not allowed to discriminate on the basis of marital status.  Clearly, then, the proposed Marriage Protection Amendment has no bearing on maternity benefits for anyone, married nor not married! 

 

So what does Issue 1 do?  The first sentence simply and clearly takes the truth of marriage, as the union of one man and one woman only – a truth already written into Ohio law – and embeds it in our constitution, thereby protecting it from judges or any other force that would seek to distort that truth.  The second sentence simply guarantees that the state and its political subdivisions will not circumvent the intention of the first sentence by creating “civil unions” or some other relationship that imitates marriage in all but name. 

 

That’s all. That’s common sense.  And history proves that’s absolutely necessary for the preservation of our society.

 

 

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