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Ohio Supreme Court rejects legal challenge to same-sex marriage
Proposed ban would forbid any recognition for same-sex couples
Published Thursday, 28-Oct-2004 in issue 879
COLUMBUS, Ohio (AP) – The Ohio Supreme Court rejected the last pending legal challenge to placing a constitutional amendment banning same-sex marriage and recognition of same-sex couples on the Nov. 2 ballot.
The court ruled 6-1 on technical grounds, saying it did not have jurisdiction over the claim, that opponents did not make their claim far enough ahead of the election and that a lower court had already ruled on the same issues.
“This thing is definitely going to go forward,” said David Langdon, an attorney representing Cincinnati-based Citizens for Community Values, which gathered the signatures to place the issue on the ballot.
Opponents had argued the initiative was invalid because it lacked the required summary and certification from the Ohio attorney general, but they said they weren’t surprised by the ruling.
Last month, an appeals court also rejected opponents’ attempt to stop the amendment.
“After the court of appeals’ decision, from the campaign’s perspective, we made the decision to move forward to defeat the issue” at the polls, said Alan Melamed, spokesperson for Ohioans Protecting the Constitution.
The group has started airing TV commercials. Backers of the issue have launched a statewide radio ad campaign.
The amendment bans same-sex marriage and prevents local or state government from recognizing same-sex couples in any fashion.
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