Posts Tagged ‘Ohio’
Posted by paulfromwloh on Friday,December 9th,2016
.. how about Ohio ?? ..
.. my native state would be nice , for sure . Ohio is , however , an initiative / referendum state . Any move to put through a right – to – work law in Ohio would be immediately under attack on the ballot . But ….
.. put it into the state budget . Ohio has a constitutional quirk , even with the initiative / referendum process . Any issue that is included in the state budget is , however , NOT subject to an initiative . So , then , it would be blocked …
.. anywhere else ?? …
.. [h/t — m.NationalReview.com]..
.. [link] to the news article ..
.. Missouri is one . Missouri is highly likely to have a GOP governor , once Jay Nixon and his sorry carcus are gone . Peter Kinder , the current LG , would be an excellent candidate . Also , the Missouri GOP has nearly a 3/5ths majority in the legislature , enough to override any possible veto ..
.. West Virginia — the GOP controls both houses of the Legislature , but not the Governor ‘s chair . Not yet , at least . That is yet to come …
— [update] — Wisconsin has adopted its Right – to – Work bill , and Gov. Scott Walker has signed the bill into law , at last , making the Badger State the 25th state with a Right – to – Work law . Yeah !! …
.. after elections next year , Missouri should become state # 26 . LG Peter Kinder [R] is a strong favourite for the Governor ‘ s race . He has no major opposition in the GOP primary , and is [so far] the strong favourite in the general election race . Presuming he wins , Kinder would very strongly and likely sign the Right to Work bill into law ….
Posted in legal question, legal strategy, personal opinion | Tagged: constitutional quirk, initiative, Missouri, Ohio, referendum, right to work, West Virginia, Wisconsin | Leave a Comment »
Posted by paulfromwloh on Saturday,October 1st,2016
.. news has come to light that the F.B.I. has had a fair bit of success in recovering emails and other documents from the private email server of Bill Clinton and Hillary Rodham Clinton . Why am I not surprised …
.. our nation ‘ s Federal Bureau of Investigation is one of the foremost investigative bodies in the world . There are limits to what it can do , but it can do a great deal ..
.. [h/t — Newsmax.com]..
.. [link] to the blog post ..
.. revering documents from an email server is normally easy . Howevery , the Clintons ‘ email server was ” erased . ” Also , the server was changed to put it on a capability to erase documents every 60 days . That makes the task of document recovery far harder . However , it is not impossible …
.. It appears that the FBI has indeed pulled this off . More to come …
Posted in personal opinion | Tagged: C.P.D., City of Cleveland, Cleveland Police Deparment, Cuyahoga County, evidence, grounds, Ohio, special prosecutor, Tamir Rice, Tamir rice case, Tim McGinty | Leave a Comment »
Posted by paulfromwloh on Sunday,August 28th,2016
.. we once had good welfare reform law ..
.. unfortunately , we now have the Age of Obama . Even the states , yes , even the GOP – led states , are taking off on monkeyshines of food stamp eligibility and waivers …
.. what they should be doing is using strict asset tests . My home state [Ohio] does so , and they do not kid around . Most other states do , unfortunately , and the food stamp rolls have exploded nationally as a result ..
.. [h/t — HotAir.com]..
.. [link] to the blog post ..
.. we could reform welfare , once again , get people who do not need it off of the damn rolls , and boost the benefit to a somewhat higher level … the hitch ? — we need to get the First Wuss out of office . The sooner he is gone , the better we can get rid of budgetary and immoral crap such as this …
.. Michigan is a case in point . Sure , they wanted the added money . But the ObamaCraps forced them to play by their rules , not Michigan ‘ s . So the asset tests were waived for several years . However , it did not last for long . There were several thousand [yes , THOUSAND] tales of people [such as lottery winners , for example] still getting food stamps and welfare benefits even after winning lottery prizes . No , I am not talking about small change , either . Try $10,000 on up , to say the least …
.. Maine was another example . Even Maine , under the conservative GOPer Paul lePage , took the added money . Then the tales of people with luxury cars , motor homes , vacation homes , and those folks were still getting benefits . So , after his re – election , LePage had had enough . He called the ObamaCraps ‘ bluff , and won . He reimposed strict asset tests [at a level of $5,000 per person] to cull the monkeyshines . It still happens , though , but nowhere near as much …
Posted in personal opinion | Tagged: asset test, calling a bluff, Department of Agricuture, food stamps, Government, home state, Maine, Michigan, ObamaCraps, Ohio, Paul LePage, Rick Snyder, states | Leave a Comment »
Posted by paulfromwloh on Sunday,June 19th,2016
.. Officer Michael Brelo was found not guilty of voluntary manslaughter in the deaths of two Greater Clevelanders the other day ..
.. [h/t — Twitchy.com]..
.. [link] to the tweets / blog post ..
.. this case resulted from a police chase that started in downtown Cleveland . Two perpetrators took off in their car , and one hell of a lot of cops [more than a dozen] took off after them . They were chased eastward , towards the suburbs of East Cleveland and Euclid , and they were finally stopped by stop sticks …
.. what happened next is what has caused such an uproar . The police officers opened fire on the couple ,for whatever reasons I do not know . That couple was unarmed . Officer Brelo jumped up on the couple ‘ s car , and continued to fire at them . Both of them [the couple] died as a result of the altercation …
Posted in body of law, judgement (law enforcement), judgement (moral), personal opinion | Tagged: Common Pleas Court, Crime, criminal justice, criminal trial, Cuyahoga County, indictment, judge, judgement, Ohio, Trial, verdict | Leave a Comment »
Posted by paulfromwloh on Sunday,April 3rd,2016
. there is being cheap , and then there is …
.. this is [was] insane ..
.. I will use my home state of Ohio as an example . Also , my home county OF Cuyahoga County . Ohio and Arizona are roughly the same size . However , Ohio has 88 counties , while Arizona has only 15 . Just 15 . so , Arizona ‘ s counties are far larger than Ohio ‘ s ..
.. [h/t — Rare.US]..
.. [link] to the blog post …
.. my home county [Cuyahoga County , in Ohio] is 1,250 square miles , but about 65% of that is water [Lake Erie] . Maricopa County [Arizona] , which had all of these problems , has nearly 8,400 square miles . Maricopa has 3 cities [ ] that are of 500,000 people or more , and Phoenix [the state capital , and also the county seat] is nearly 2.5 million people . Phoenix , for example , is eventally going to pass Chicago as our country ‘ s 3rd largest city . That is , if Las Vegas does not catch and pass them first ..
.. in Cuyahoga County , we have about 1,600 voting precints . Yup , the whole county . Each one has a voting station of its very own . I have worked the polls a number of times , so I know that very , very well . Yet some idiot thought that it would be a great idea for Maricopa County to go down from 200 polling stations to just 60 stations ..
.. Just 60 polling stations . How incredibly stupid was that move ..
.. the Feds and the State of Arizona are going to be tripping over themselves to investigate this mess . I don’t blame them , for once . I would trust the state , though , far more than the FEds . Remember the OCs , and the legal poisoning of the Department of InJustice ..
.. you folks need more polling stations in Maricopa County . One whole hell of a lot more . 60 polling stations for a county of roughly [4.2] million people over a land area of about 9,200 sq miles . Un – uh ..
.. [p.s.] — when it comes to law enforcement , at LEAST give ” Sheriff joe ” Arpaio a break . Given how damn big Maricopa County really is , he has a lot to do ..
Posted in body of law, personal opinion | Tagged: Arizona, Cleveland, Cuyahoga County, el cheapo, Maricopa County, Ohio, Phoenix, voting precinct, voting station | Leave a Comment »
Posted by paulfromwloh on Monday,March 14th,2016
.. i am a damn strong srout and stubborn conservative ..
.. but in this instance , I agree with the kids …. and with Bernie Sanders …
.. the beef is this . the 17 year olds want to vote . Normally , they do not get to do so . But , if they turn 18 before the general election , then , under Ohio law , they do get to vote [if they are registered] , but on candidates only . No voting in the primary on issues ; that is a big no – no .
.. Well , it seems that earlier this year Ohio Secretary of State [Chief Elections Officer] Jon Husted changed his interpretation of the law . Since the young people were electing delegates to nominate a POTUS nominee , then they could not vote at all . Boy , was Husted wrong ..
.. [h/t — Newsmax.com]..
.. [link] to the news article ..
.. Husted ‘ s interpretation is in clear contravention to decades of Ohio law , and Ohio State Supreme Court precedent . Whoops ..
.. a state judge slapped him down , and rightfully . Well , originally , Husted was going to appeal . He has changed his mind ..
.. I am thankfull that he has done so . His judgement on the law was badly mistaken . It was not the law when I first registered to vote 34 years ago . If you were 17 , but turned 18 before the general election , they then could vote in the primary [but not on issues ] . It still is …
Posted in personal opinion | Tagged: court precedent, Franklin County Court of Common Pleas, Jon Husted, legal interpretation, legal precedent, Ohio, Ohio Secretary of State, ohio Supreme Court | Leave a Comment »
Posted by paulfromwloh on Thursday,March 3rd,2016
.. marijuana is still illegal in Ohio . It always has been , and likely always will be …
.. somehow , I do not think that the interest groups would be dumb enough to put it on the 2016 general election ballot . You want to give an extra kick in the butt to conservative and GOP turnout at the polls ?? …
.. [h/t — CBSSeattle.com]..
.. [link] to the news article …
.. be dumb enough to work to put it on the November 2016 ballot . The pro – family groups will view it as manna from heaven …
Posted in body of law, personal opinion | Tagged: cannabis, hemp, initiative, issue, legalization, marijuana, Ohio, referendum, weed, Welfare | Leave a Comment »
Posted by paulfromwloh on Thursday,January 28th,2016
.. simple — no indictment ..
.. no case is this simple . Nor is this one ..
.. [h/t — news.yahoo.com]..
.. [link] to the news story ..
.. it does not mean that these officers [Timothy Loehrmann and Frank Gramback] are out of t the woods . It is far from the tht case . These guys must now face departmental charges [most likely] for their actions . If so , they could face suspension , or , possibly , termination from the force ..
Posted in personal opinion | Tagged: Cuyahoga County, grand jury, no true bill, Ohio, Timothy mcGinty, true bill, use of force, use of force decision | Leave a Comment »
Posted by paulfromwloh on Wednesday,October 21st,2015
.. the radicals in the ” Black lives Matter ” movement , that is who ..
.. the Rice family has engaged lawyers and other activists in Cleveland , as well as from around the nation . They have been engaging in endless rounds of agitation . Their target has been Tim McGinty , the Cuyahoga County Prosecutor , who will make the final decision on the case . So far , the Rice family has not been happy , to say the least ..
.. [h/t — DailyCaller.com]..
.. [link] to the blog article ..
.. it has not been for lack of trying that the family has fought with the prosecutor . The Rice family has taken advantage of an obscure Ohio law to bring forth charges , and place them in front of a Cuyahoga county Common Pleas Court judge. The judge ordered charges be brought , but even he cannot make the final decision . the Prosecutor does so ..
.. there is more to come , to be sure …
Posted in personal opinion | Tagged: affadavits, county prosecutor, Cuyahoga County, Cuyahoga County Common Pleas court, obscure Ohio law, Ohio, Tamir rice case, Tim McGinty | Leave a Comment »
Posted by paulfromwloh on Monday,August 10th,2015
.. actually , it is not hard .
.. provide photo I.D.s free of charge to those who do not have them .
.. most likely there will not be many folks to what this applies . Many of them will likely be of low income , so they will not have much money . But the required documents should not be hard to find and provide …
.. what about a ballot challenge ? .. there would likely be one , but in Ohio ,there is a way to block it . Just change the provisions of the state I.D. program , and put it in the state budget . it can even be done in a supplemental budget bill , if needed …
.. why ? in Ohio , if the policy changes are included in provisions to the state budget , then there can be no ballot measure to repeal it .
.. [h/t — LegalInsurrection.com]…
.. [link] to the blog opinion ..
.. yes , there will be court challenges . Thankfully , Ohio is in the Midwest [and in the 6th Appeals Circuit] . The 6th Appeals Circuit is one of the most conservative circuits in the country , which will help to blunt any court challenges …
Posted in personal opinion | Tagged: ballot issue, ballot issue blocked, constitutional provision, Ohio, Ohio Constitution, repeal issue, state budget, state i.d., voter id, Wisconsin | Leave a Comment »
Posted by paulfromwloh on Sunday,August 2nd,2015
.. I know from my hometown of Lakewood , Ohio ..
.. Lakewood is a city of 54,00 , nestled right next to Cleveland along the shores of lake Erie . It is only 4.8 square miles in size , so it is densly populated . Also , there is little to no industry . But it is a very prime place for people that want to live there ..
.. there is little to no tolerance for the quality of life crimes that NYC is now tolerating . If somebody even thought of trying to pull such a stunt , they would either get a stiff ticket , or , more likely , they would be thrown in jail ..
.. [h/t — CBSnyc.com]…
.. [link] to the news story …
.. the city services are fantastic , especially the schools . However , those services come at a price . The property taxes are extremely high , higher than anywhere else in the county [Cuyahoga Cty , to wit] other than a very chi – chi suburb on the east side of town ..
.. but the people of my hometown expect a lot . They desire a high quality of life , and do pay for it through the nose . Thankfully , throughout much change in the city in the last 50 years , the quality of life has generally remained high …
Posted in personal opinion | Tagged: Cleveland, Cuyahoga County, Greater Cleveland, hometown, Lakewood, Ohio, quality of life | Leave a Comment »
Posted by paulfromwloh on Thursday,January 8th,2015
.. yeah , a school fundcing case battle ..
.. but , for once , even the DemoCraps are pissed at the State Supreme Court . I do not blame them …
.. they are learning that there is a cost to the fantasyland dreams of the Supremes . Especially when there Is a real – world impact on the cost of programs that they want , and the voters ‘ willingness to pay for them …
.. [h/t — JonathanTurley.org]..
.. [link] to the blog entry …
.. fortunately for Washington state , unlike many states in this situation , they have the initiative and referendum method of petitions . If the voters get too pissed , then Washington state government could be turned upside down in order to rein in the State Supreme Court …
.. it also is a campaign issue , whether the Justices are appointed or elected . It is the case because then the folks responsible for the appointments or elections can be held responsible for their actions …
.. — update — my home state of Ohio went through this about 20 years ago . Thankfully , the great mass of the legislature [mostly GOP , but a fair # of Dems] finally had enough of the State Supreme Court ‘ s antics . The activist justices either retired , or were ” retired ” in an election . Their activist ruling was a chief issue in their undoing ..
.. Also , Ohio is an initiative / rererendum state . Even if the State Supreme Court had wanted to impose a sweeping mandate on the legislature , the voters would have rebelled , and placed an initiative on the ballot to repeal their activist stunt . That is , if the legislature did not impeach and remove the justices first …
Posted in personal opinion | Tagged: contempt, initiative, legislature, Ohio, petition process, referendum, State Supreme Court, Washington State | Leave a Comment »
Posted by paulfromwloh on Tuesday,November 4th,2014
.. basically , the races are pretty much over in Ohio ..
.. you can largely thank DemoCrap Governor candidate Ed Fitzgerald [D-Cuyahoga County] for this incipient debacle in – waiting …
.. [h/t –– ColumbusDispatch.com]..
.. [link] to the news story // poll result …
.. the only statewide office holder that has to sweat it out is state Treasurer Josh Mandel . Mandel is ahead only 8 points on DemoCrap nominee Connie Pillich . otherwise , the other statewide candidates are ahead by double digits …
.. In John Kasich ‘ s case , he is up 28 points on Fitzgerald . 28 points …. Ouch ! …
.. that includes the state supreme court races . After Tuesday , the State Supreme Court should still be 5 conservatives , 1 RINO , and 1 loonie leftie DemoCrap …
— [update] — from the article –> the early vote downstate in greater Columbus [Franklin County & surrounding counties] is great news for the GOP … the numbers are the reverse of 2010 , and the GOP ground game is going great guns … not only can they get the total #s for early votes by county , they can also get the county vote by party for Dem , GOP , and other ….
Posted in personal opinion | Tagged: Columbus Dispatch, Ohio, poll result, statewide office holder | Leave a Comment »
Posted by paulfromwloh on Tuesday,October 28th,2014
.. I think that I can safely make my predictitons , now …
.. [-] Governor & Lt. Governor — John Kasich and Mary Taylor
This will set Kasich up to be a presidential contender , that is , if he really wants to do so . There is some question whether he really does or not . Taylor , well , she could emerge as a candidate for Governor in 2018 . She will be one of many , especially from a deep GOP bench …
.. [-] Treasurer — Josh Mandel
Mandel could be setting himself up for a rematch with US Senator Sherrod Brown in 2018 . Then , Brown will be forced to run in an off – year election , and without presidential support on the ballot . A matchup like that favours Mandel , especially coming out of NE Ohio …
A Republican coming out of NE Ohio [Mandel] is huge trouble for the DemoCraps . Their margin out of Cuyahoga County is usually cut drastically , and the surrounding counties are much larger [Lake , Lorain , Geauga , Summit , & Medina] and far more GOP – friendly …
.. [-] Auditor — Dave Yost
Yost may end up going for either AG or for Treasurer . Not sure , do not know him all that well …
.. [-] Secretary of State — Jon Husted
good question on his future prospects . May want to try for Governor or Lt. Governor , maybe AG …
.. [-] Congress
currently — 12 GOP , 4 DemoCrap …
the only district that might have a chance of flipping is the downstate one around Columbus , the one that is currently held by Congresscritter Joyce Beatty . it is only a minority – influence district [about 32% black] , and is surrounded by heavily GOP – friendly turf …
.. [-] State House
currently — 60 GOP , 39 DemoCrap ..
the GOP should add seats . The only question is how many ? I am thinking 3 to 5 , maybe even 6 . Such a total [63 to 66] would be devastating for the Dems . Here is why :
 it takes a 3/5 majority to override a Governor ‘ s veto . A legislature that is fe3ling its oats could buck the Gov and jam though legislation of its liking …
 social or business legislation can be tacked onto the new [or a revision] budget bill . Any budget bill adopted with a 3/5ths vote cannot be repealed by a referendum or initiative (as Senate Bill 5 was)…
 also , a regular bill adopted with a 3/5ths vote of both chambers takes effect immediately . It too cannot also be repealed by referendum …
.. [-] State Senate
currently — 23 GOP , 10 DemoCrap …
it is kinda hard for the GOP to add any seats . They control pretty much every seat that they can . However , there are 1 or 2 marginal Dem seats that can be picked off in an off – year election . I think that the GOP will grab one of them , maybe both ….
.. so , you see what I think . The DemoCraps are trying . The Downballots [SecState , AG , Auditor] are advertising , but that will not be of much help . The Governor candidate for the DemoCraps [Ed Fitzgerald] has not aired one TV ad …
.. not One . That is a prescription for a mega – blowout , folks . How big ? maybe 15% in margin , possibly 20% , or more ….
.. we will see ….
Posted in personal opinion | Tagged: Ed Fitzgerald, governor, John Kasich, Lieutenant Governor, mary Taylor, Ohio, politics, prediction | Leave a Comment »
Posted by paulfromwloh on Monday,August 4th,2014
.. nothing major in the Senate , at least this year …
.. the state – wide races are the ones that are up . Most of the DemoCraps are little – known weenies , ones who will rise or fall with the fate of their top – of – the – ticket Governor ‘ s candidate …
.. right now , it looks real bad for the Dems …
.. [h/t — m.NationalReview//Campaign-Spot]..
.. [link] to the campaign news …
.. remember , this is from Quinnipiac University [New York] . So , it is a DemoCrap – leaning poll …
.. John Kasich is leading Cuyahoga Cty Exec Ed Fitzgerald 51% to 36% … The internals in the poll are worse …. Much worse … Kasich is up big on independents , and is doing better among Dems than this poll will admit . Also , Kasich is leading by 2% among women , which is disastrous for a DemoCrap [meaning Fitzgerald]…
Posted in accountability, congressional oversight, personal opinion | Tagged: Ed Fitzgerald, John Kasich, Ohio, politics, poll, Quinnipiac University | Leave a Comment »
Posted by paulfromwloh on Wednesday,June 11th,2014
.. and , no , this is not Sheriff Joe Arpaio getting involved …. yet .
.. what I am talking about is Maricopa County [that means Phoenix] . Phoenix is Arizona ‘ s state capital , so the rest of Arizona ‘ body politic has to be paying attention . Yes , they will pay the bills . They may not want to , but they will do it . Especially in an election year . Most states , including Arizona , have a rainy – day fund . They can dip into this for unanticipated expenses . These kinds of bills sure as hell meet the definition thereof . Maricopa will not be the only one . There will be others …
.. [h/t — AzFamily]..
.. [link] to the story / video …
.. what I am talking about is child abuse . These kids are just being dumped onto the streets of Phoenix (and Maricopa County) . There is plenty of real estate for them to cover . Maricopa County is well over 8,500 square miles in land area . Where I live in Ohio [Cuyahoga County] is 1,250 square miles , and 2/3rds of that is Lake Erie .
.. Also , it is hot as hell this time of year . Average temps during the day in Phoenix are around 105 to 115 degrees , folks . It may be ” dry heat , ” but it is still dangerous as hell , especially to the unacclimated , and most of all , kids …
.. the Maricopa County Attorney is talking about going after the Feds . Specifically , going criminally after the folks who are doing the dumping , and I would suspect , even more . Dumping those kids on the streets in this heat , with no escort or supervision , just to get rid of them , is criminal . It is child endangerment , in my state , in any state …
.. If he has a good working relationship with the US Atty in Phoenix , then the US Atty can go after the folks who are higher up the food chain … and that means all the way up , including , potentially Obama . Yes , POTUS . This is a criminal dereliction of duty , and it is crying out loudly for a federal criminal investigation . A US Atty would be perfect for it , and the visibility would help protect him or her …
Posted in body of law, investigation, personal opinion | Tagged: Arizona, child abuse, child care, child endangerment, County Attorney, Crime, criminal charges, criminal investigation, Cuyahoga County, Education, expenses, federal jurisdiction, local jurisdiction, Maricopa County, medical care, Ohio, rainy - day fund | Leave a Comment »
Posted by paulfromwloh on Monday,May 12th,2014
.. well , Ohio has joined the primary party ..
.. no major surprises in the primary races ..
.. the big thing here in Ohio is that 1 – term Cuyahoga County Executive Ed Fitzgerald is the DemoCrap nominee for Governor against incumbent Republican John Kasich . Kasich is a fairly health favourite for re – election against the underqualified Fitzgerald , who does not deserve to move up just because he is making the trains move on time and un – corruptly ..
Posted in personal opinion | Tagged: Ed Fitzgerald, governor, John Kasich, Ohio, primary, statewide race | Leave a Comment »
Posted by paulfromwloh on Saturday,April 5th,2014
.. you might wonder about this ?? …
.. what is the big deal ??
.. [h/t — Twitchy]..
.. [link] to the blunderbuss …
.. believe you me , it is a very big deal . What it is is that people that signed up for ObamaCrapCare in California [on CoveredCalifornia] are being automatically signed up to vote , if they are not already …
.. this is similar to the drill with ” Motor Votor , ” where people who get their driver licenses either new or renewed get themselves authomatically registered to vote … So ?
.. the voter in California is supposed to have no party indicated on the voter registration card . One declares their party affiliation (similart to Ohio) when one wishes to vote in the party primary of one ‘ s choice . They are not supposed to be marked as a ” DemoCrap ” already …. This one was marked , already …
.. wanna bet that it was not the only one ?? …
Posted in personal opinion | Tagged: California, declaration, Michelle Malkin, Ohio, party affiliation, party primary, Twitchy, voter registration | Leave a Comment »
Posted by paulfromwloh on Saturday,April 5th,2014
.. an oxymoron .
.. not a natural act , against the natural order of humanity .
.. immoral . Our system of laws and our Constitution derive from our system of morality . Judeo – Christian morality teaches teaches that man shall not be with man , and woman shall not be with woman . It is not the way that people are supposed to be …
.. things may be legal , but that does not mean that they can be or that they are moral …
.. Our Constitution and the Amendments thereof are guarantees of individual rights , not group rights .It does not matter if the group is as small as a family unit of 2 , or as large as a group of larger than two . The Constitution was established to protect the rightsof the individual , not the group . The Amendments are the same , unless they state differently . They do not …
.. Neither the 5th Amendment nor the 14th Amendment establish a right to so – called ” gay marriage . ” it is that simple . They were designed and written to protect the rights of the individual , not the rights of the group ….
.. The Full Faith and Credit Clause gives the states the right to enact so – called ” gay marriage ” laws , or not . It does not allow them the right to impose them on each other . Judges have no right nor the power to do so . To do so is judicial law – making , a crime punishable by impeachment and removal from the bench …
.. the Defense of Marriage Act was enacted by Congress and was signed into lawby Wilhelm der Fibmeister in order to stop the state of Hawaii from its possible or potential [at the time] recognition of the act of ” gay marriage ” to impose it by the Full Faith and Credit Clause on the other states . It was that simple ..
.. if the states wish to recongnize the institution of marriage to be between one man and one woman , they should have that right . The U.S. Constitution gives them that right . Even modern judicial judgement and scrutiny [such as strict scrutiny] does not and should not block the states from protection of traditional marriage , if it is their wish ….
.. it seems that a judicial radical downstate [Federal District Court judge Tim Black] is going , or is about to make my home state of Ohio go through this immoral circus . At least he realizes that he is in a conservative judicial circuit . If he did not , the Sixth Apppeals Circuit would step in and slap him down …
Posted in constitutional opinion, legal opinion, legal strategy, personal opinion | Tagged: Appeals Court, Constitutional amendment, Defense of Marriage Act, evil, Fifth Amendment, Fourteenth Amendment, Full Faith and Credit Clause, Hawaii, immoral, Ohio, unnatural, us constitution | Leave a Comment »
Posted by paulfromwloh on Friday,April 4th,2014
.. Earl Ray Tomblin is the current Governor of West Virginia . How long he wants to remain in that job is really open to question ..
.. When Election Day comes this fall , no state is likely to get hit by the ” Red ” tide (relatively speaking) more than West Virginia . It has been forever since either chamber of the West VA legislature has been in GOP hands . This fall , that is likely to change . the West VA House is currently narrowly in DemoCrap control . That will likely flip to Red . The West Va Senate is a little more delicate . Iff it gets close enough , some of the Dems could be persauded to switch sides . Then , most likely , both chambers will be in GOP hands …
.. Tomblin will have to wipe his own fanny the next time out . West Virginia is almost suredly to be Red in the next Presidential election , so the topof the ticket will be no help . That candidate and Tomblin will both be wrapped around the failed policies of His Lordship , so it will be interesting to see whether he runs for re – election , or not . There will be no U.S. Senate race the next time , so Joe Manchin will not be able to save his fanny , either …
.. Bye , Bye , Earl !!
.. [h/t — m.NationalReview]..
.. [link] to the blog post …
Posted in personal opinion, policy disaster, political blunder, political strategy | Tagged: Ohio, Pennsylvania, pro death, pro life bill, Pro-Life, Veto, West Virginia | Leave a Comment »
Posted by paulfromwloh on Sunday,December 29th,2013
.. being from NorthEast Ohio , you would think that I would be a Cleveland Browns fan …
.. if you would guess that , you would be right ! …
.. I have been a Browns fan [and , yes , an Indians fan , and a Cavaliers fan ] since I was a little kid . It did not seem like that was all that long a time ago . Except that I am 49 years old . It makes me feel older , not old .
.. Well , it seems like the Brownies [sarcasm included] have made another smooth move … they have fired their head coach , Rob Chudzinski . Why ?
.. You think that they would give the guy a fair shake ? Yes ? No . I believe that they did not do so . Well , it is time to move on .
.. they were 4 & 12 this year , which sucks , but 5 Pro Bowlers … 4 on offense , with 2 on the offensive line .. there is something to work with …
.. A new QB in the draft is a must [the #4 draft slot helps] , and there will plenty of them in the draft . Also , the Browns have 12 draft picks … 2 in each round , except rounds 2 and 5 [i think] … so do not be surprised if the Browns draft more than one QB in the draft . It would be unusual , but not unheard of .
.. Also , the Brownies [there is that sarcasm , again] have tons of salary cap space to ” carryover ” [yes , it sometimes pays to save , and not blow it all] , and added to the salary cap , will give them loads of $$$ to spend next year , if they want]..
.. forget about a QB in free agency , ditto most WRs and RBs … the good ones are either locked up already , or are franchised or transitioned by their current teams , or can be , if their deal is up …
.. ironically , you can pick up somebody good … if you do your homework .
.. in free agency , hit the O – Line . They have 2 Pro – Bowlers already . Even one more would help a ton . More quality would help , greatly . It would give a boost to the running offense , which , to be honest , is pathetic .
.. Another big stud or 2 WR would help alot . Giving Cameron and Gordon some friendlies would help everybody … and give defenses nightmares …
.. the Browns have an excellent defense .. but it can be better .
.. BOLO a stud pass rusher [LBs are preferable , but a DE would work] ..
.. what do you think ? …
Posted in personal opinion | Tagged: Brownies, Browns, Cameron, Cleveland Browns, Gordon, Ohio, Pro Bowl, Rob Chudzinski | Leave a Comment »
Posted by paulfromwloh on Thursday,November 21st,2013
.. the company in this news piece is from my ” neck of the woods . ”
.. [link] this one is a link from the original news piece link at the Washington Free Beacon . This [link] is a YouTube recording of the local news piece [WEWS TV (ABC)] .
.. This company (PSC Metals) is originally a very small business . They have since grown to a multi – hundred million dollar operation , with over 1,000 employees . They have done the ” math , ” and have decided that it is cheaper for them to send their employees into the health exchange in Ohio . In Ohio , because of Ohio ‘ s refusal to create one , they will have to join the crowd dealing with the mess because Ohio ‘ s exchange is one that was created by the federal government . That is not the only problem .
.. Ohio is the home state of law Professor Scott Adler [Case Western Reserve University] . He and Cato scholar Michael Cannon wrote the seminal paper on the illegality of the offering of tax credits by federally – created exchanges in states that refused to create one themselves . Ohio , no doubt , has a court case similar to Oklahoma ‘ s ” Pruitt v HHS , ” which challenges the legality of those tax credits and penalties , and is much further along .
.. I am willing to guess that that one , or the one in D.C. , or both , will result in injunctions blocking the tax credits and penalties for those federally – created exchanges . When that happens , effectively , the game is over . It would affect nearly 36 states , in which the Feds created the health benefits exchanges . The other 14 states and DC ‘ s would be untenable , due to the uncompetitive advantage .
Posted in media opinion, personal opinion | Tagged: Case Western Reserve University, Cleveland, Feds, Michael Cannon, Ohio, Oklahoma, Tax credit, United States | Leave a Comment »
Posted by paulfromwloh on Monday,November 11th,2013
.. I know , I know , talking about this more localized stuff can drive folks nuts . Unlike some other big cities (Detroit , in
… Frank Jackson, mayor of Cleveland, Ohio … (Photo credit: Wikipedia)
bankruptcy) , or New York City (in moral bankruptcy) , Cleveland is at least facing up to its problems and is attempting to deal with them . Not always successfully , mind you . But , these folks are trying .
.. Clevelanders re – elected Frank Jackson to a well – earned third term as mayor . He may not have been an advocate of the casino gambling issue , but he grabbed ahold of it , and put it to use . The Caesars Palace casino is , unlike the other 3 Ohio casinos , being used for ecnomic development , and as an economic driver of such . It was used to revedevop two prime pieces of real estate , and is the base for the development of a third . He was the quaterback of the effort to finance and build the new Medical Merchandise Mart . Not bad for a little heralded city councilman from the Near East Side
Posted in personal opinion | Tagged: Caesars Palace, Cleveland, Detroit, Frank Cameron Jackson, Frank G. Jackson, Frank Jackson, New York City, Ohio | Leave a Comment »
Posted by paulfromwloh on Tuesday,October 15th,2013
… more than that , I believe what he is doing is unconstitutional …
… The State of Ohio has what is known as a Controlling Board . What it is is a (Fiscal) Contrl Board , that can make minor
English: The Great Seal of Ohio. (Photo credit: Wikipedia)
changes , within fiscal years , or between fiscal years . Oh yea , this stuff is authorized and approved by the Constitution of the State of Ohio . But what Gov. Kasich is proposing to do is waaaay off base .
.. John Kasich wants to utilize the Ohio Controlling Board to approve the rerouting of federal obamacrapcare funding to allow for the expansion of ObamaCrapCare to poor Ohioans . Normally , this is something that the Governor signs off on , after legislation is passed by the Ohio General Assembly [the Ohio House and the Ohio Senate , each voting to approve the bill] . It is also something that can be placed into Ohio ‘ s two – year biennial budget . However , it was not done in either case .
.. from PJMedia ‘ s Paula Bolyard …
Despite Tea Party Opposition, Kasich Will Bypass Ohio Legislature to Expand Medicaid
This week, Ohio Governor John Kasich’s administration asked the seven-member Ohio Controlling Board to appropriate federal Obamacare funds for the purpose of Medicaid expansion, bypassing the state legislature.
The Obama administration approved Ohio’s request to amend its Medicaid program so that people making up to 138 percent of the federal poverty level ($32,499 for a household of four) would be covered. The state’s Medicaid director, John McCarthy, submitted the request Sept. 26 with a corresponding request for the Controlling Board to appropriate the federal funds without the approval of the Republican-controlled legislature, which has stalled Kasich’s plans for Medicaid expansion.
The Controlling Board consists of the chairs of the Senate and House Finance Committees (currently Republicans) and a
John Kasich (Photo credit: Wikipedia)
Republican and Democrat from both houses. The director of the OMB (a Kasich appointee) serves as the board’s president. Generally, the board’s duties include transferring funds between line items or fiscal years, allowing for emergency funding, and approving grants and loans made by the Department of Development. There is speculation that the two Democrats and the Kasich appointee would vote for the Medicaid expansion, so Kasich would only need to secure one additional Republican vote to win approval from the board. Senate President Keith Faber, a Republican, said he believes Kasich has the authority to turn the decision over to the Controlling Board. “I’m certainly a defender of legislative rights, and I would think a better solution would be a legislative option, but the governor does have that authority,” he said.
However, questions remain about the authority of the board. The Ohio Revised Code prohibits the Controlling Board from carrying out any action “which does not carry out the legislative intent of the general assembly.” But Kasich spokesman Rob Nichols justified the action, saying, “Only the General Assembly can authorize Medicaid to spend funds in this way, either through a bill or the Controlling Board.” Kasich, vacationing in Europe, was not available for comment, the Dispatch reported.
Despite Kasich’s heavy-handed lobbying and arm-twisting on behalf of Medicaid expansion, the Republican legislature stripped the provision from Kasich’s biennial budget and has failed to act on his demands to expand the program to an estimated 270,000 additional Ohioans.
In 2011, Ohioans overwhelmingly voted for a ballot initiative to pass the Ohio Healthcare Freedom Amendment, designed to protect citizens from the Affordable Care Act. Despite vocal opposition from Tea Party groups and many other conservative groups in the state, Kasich has continued to push for the expansion, collaborating with a variety of progressive groups to promote the measure. Amy Brighton, co-founder and co-coordinator of Medina Tea Party Patriots, said, “Obviously, the idea of a representative government doesn’t mean anything to Kasich and his Administration, since they are seeking to intentionally defy the will of Ohioans who overwhelmingly voted to pass the Healthcare Freedom Amendment in 2011.”
Kasich’s aggressive move to force Medicaid expansion without legislative approval comes as Republicans are working on reforms to existing programs to help the uninsured in the state. On Thursday, Senate Republicans unveiled a Medicaid reform plan that would increase oversight, contain costs, and improve outcomes for patients. House Republicans have said they are working on more fiscally responsible plans to reform existing programs in order to better serve those without access to medical services.
But Greg Moody, director of the Governor’s Office of Health Transformation, stressed the urgency of the situation. “To be able to get this done by Jan. 1, we are at the point where we do need to act now,” he said.
Rep. Ron Amstutz, chairman of House Finance and Appropriation Committee, released a statement critical of Kasich’s move to subvert the legislature.
“I have grave concerns about the place, the time and the substance of this proposed Controlling Board action,” Amstutz said. “Based on our solid track record of passing tough bills, I would expect a far superior and more creative solution by legislative enactment than what I fear may result from effectively crimping the legislative process.”
Amstutz, a leading candidate to replace term-limited House Speaker William Batchelder, has worked through the summer and in the early days of the legislative session on plans to reform the state’s medical care for the poor.
Brighton, from Medina Tea Party Patriots, said this decision could hurt Kasich’s re-election chances. “It’s interesting that Kasich would succumb to Pelosi-esque tactics to implement Medicaid expansion,” she said. “After forcing the healthcare law on the American people, Pelosi and the House Democrats faced electoral consequences. I guess Kasich is willing to take that chance.”
Kasich defeated Democrat Ted Strickland in the 2010 election by two points — 77,000 votes. That year, the Libertarian Party candidate garnered 92,000 votes, or two percent of the total. In 2014, a third-party candidate may play the spoiler for Kasich if he continues to lose support from the conservative base in a state where 57% of Republicans voted for conservative candidates and 10% voted libertarian in the 2010 Republican primary.
.. LEC here again — I do not think that the Ohio Supreme Court will allow this to happen . Governor Kasich ‘ s action through the Controlling Board will be challenged , I will guarantee that . The approval of H.H.S. to repurpose ObamaCrapCare funds is meaningless .
.. Where it applies is where it hits Medicaid . Each state ‘ s Medicaid program must be approved by it ‘ s state ‘ s legislature . Ohio ‘ s Medicaid program has been , but the proposed ObamaCrapCare expansion has not . The Ohio Legislature specifically acted to delete the expansion of the Medicaid program from the new budget that took effect July 1st , 2013 . That will stand up for quite a big in the eyes of the Ohio Supreme Court .
.. Ohio ‘ s Supreme Court is heavily conservative . It consists of 7 people , basically 5 conservatives , 1 loonie leftie , and 1 R.I.N.O. . It consists of 2 women (both GOP , both conservative , including Chief Justice Maureen O ‘ Connor) , and 5 men . They will decide whether the act of the Controlling Board is legal , as well as constitutional . I believe that it is not either one . The expansion will be delayed , until the Court can hear the case , and then make a decision .
.. Look for Chief Justice O ‘ Connor to write the opinion ….
Posted in constitutional opinion, legal opinion, personal opinion | Tagged: Governor Kasich, John Kasich, Kasich, Keith Faber, Maureen O ' Connor, medicaid, Ohio, Ohio Constitution, Ohio General Assembly, ohio house, ohio revised code, ohio senate, Rob Nichols, Ron Amstutz, State Controlling Board, William Batchelder | Leave a Comment »
Posted by paulfromwloh on Friday,October 11th,2013
.. what i am referring to are Culinary Workers union protests at one of the largest non – union hotels that is left in the region . The Cosmopolitan is a large hotel , around [2,995] rooms , and it is owned by , of all people , Deutche Bank . Originally , Hyatt Hotels (the Pritzker family company) was going to build this monster , but the 2008 recession scuttled the plans . DB bought the hotel / condo / parking garage / casino complex for around $1.2 billion . .
.. Casinos are a big business . Ohio now has casino gambling , although the effect of the business is limited . There is no casino competition in Ohio . There are only 4 casinos , one each in Cleveland , Toledo , Columbus , and Cincinnati . Caesars owns and manages 2 , while Hollwood owns and manages the other 2 .
.. In Ohio , like the other states , casino gambling is tightly regulated . Ohio patterned its regulatory setup after New Jersey , where the regulatory setup is generally considered to be the best in the country . Right now , casino gambling in Ohio is set in the state ‘ s constitution , so it will not grow for quite some time . In other states , it is quite different .
.. In Nevada , the casino industry is huge . Las Vegas is the nation ‘ s and the world ‘ s casino gambling capital . Any gambling – related company that is anyone is there in Nevada . The size of the casinos . Geez whiz ! . They are as large as (the second coming) of the MGM – Grand , with over , you heard me right , [xx] rooms . Wow !
.. It will not be easy for the Culinary Workers . Most of the city ‘ s casino workers [porters , dealers , service , etc] are members of one union or another . However , the Culinary (Food Service) Workers are the largest and the most influential . They are , like most unions , heavily DemoCrap – leaning . No big surprise there .
.. However , Nevada is unlike other states . Nevada has a significant – sized Latino community , and it is growing still . However , Clark County , in which Las Vegas sits , has resumed growing like crazy after the 2008-2011 recession . It is also , unlike the People ‘ s Republic of Taxifornia , much more Republican – leaning . Dean Heller , a Republican , is one of the U.S. Senator (with Dingy Harry Reid being the other) . Governor Brian Sandoval , a latino Republican , and former federal district court judge , is leading the way .
.. Nevada is a right – to – work state , but its efects are limited . A stronger right – to – work law would be very , very helpful . It will take a GOP legislature to do that . That would be nice . Also , it would take some balls among the casino hotel companies to stand up to the union thuggery . Once they do , their hold on the industry will be broken , and done so for good …
Posted in economic opinion, financial opinion, legal opinion, personal opinion | Tagged: Brian Sandoval, Casino, Cleveland, Culinary Workers Union, Dean Heller, Las Vegas, Nevada, New Jersey, Ohio | Leave a Comment »
Posted by paulfromwloh on Saturday,August 17th,2013
.. he is in the right , and the activist judge and the Department of InJustice are both very badly in the wrong .
.. When you have a great number of illegals causing a great deal of crime , what hey will hide in areas where they will not stand
… Sheriff Joe Arpaio … (Photo credit: Wikipedia)
out . They will try to blend in , and be near family , and in areas where there are a signigifcant number of fellow latinos . So , what is a tough – as – nails law enforcer to do ?
.. Fight . Fight like Hell . Enforce the law , and do so in an equal opportunity manner . It will be one that will piss a great many people off . Tough cookies . That is what these folks are there for .
.. Arizona is similar in size to my home state of Ohio . Ohio has 88 counties . Arizona has only 15 counties . Ohio is along a peaceful and placid border , that being a water border with Canada . Arizona and its fellow states are a land border , and that one is most definitely violent and chaotic and unsecure , with Mexico .
.. We need to do a great deal more , and in a lot more areas in order to aid the immigration problem . The Border Patrol needs to be greatly increased in size to help . Different ideas need to be used , such as drones , and sensors , and others , in order to stretch both personnel and resources . Political support needs to be maintained , so that the improved acts are not reversed . That is what needs to be done .
Sheriff Joe Files to Oppose Racial Profiling Monitor
Saturday, 17 Aug 2013 07:42 AM
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Outspoken Arizona Sheriff Joe Arpaio is opposing the appointment of an independent monitor and other moves to address a judge’s finding that his agency racially profiled Latinos, according to a court filing on Friday.
The move could result in a judge ordering the Maricopa County Sheriff’s Office to comply with constitutional requirements that ban the practice.
In May, U.S. District Judge Murray Snow found that Arpaio’s office singled out Latinos, and that deputies unreasonably prolonged detentions, marking the first finding by a court that the agency engages in racial profiling.
Arpaio’s office is appealing.
Snow delayed issuing orders in the case in June after both parties indicated they wanted time to work toward an agreement.
The joint filing on Friday indicated the judge would have to provide more guidance during an Aug. 30 status conference given the lack of agreement on a proposed consent decree.
In the filing, the parties indicated they have “engaged in good faith discussions” and were able to reach agreement on some terms but remained at odds over several major points, including having a court-appointed monitor oversee the department’s compliance with the court’s ruling.
Snow’s May ruling came after a small group of Latinos sued the Sheriff’s Office for violating their constitutional rights.
The sheriff rejected a similar proposal last year when the U.S. Justice Department leveled racial profiling allegations against the agency.
Arpaio says allowing a monitor means every policy decision would have to be cleared through an observer and would nullify his authority.
“If the court were to appoint a monitor, the role and authority of such monitor must be reconciled so that the monitor’s role does not supplant the elected sheriff’s authority under the Arizona Constitution and Arizona statute,” lawyers wrote in the latest filing.
However, during the June hearing, Judge Snow made it clear that he planned to assign a federal monitor who would have significant authority to oversee retraining of deputies, among other changes at the office.
Arpaio’s office also opposes the plaintiffs’ proposal to create an advisory board aimed at improving the department’s relationship with the Latino community, as well as an effort it said would force deputies to “subjectively guess as to the race of a driver or passenger.”
Maricopa County Supervisor Mary Rose Wilcox, a Democrat, said she wasn’t surprised by the 81-year-old sheriff’s reluctance to agree to key terms but added, “the remedies are coming, like it or not.”
“Without a monitor, who can trust the agreements are being met?” she asked.
Judge Snow’s ruling doesn’t altogether bar Arpaio from enforcing the state’s immigration laws, but it does impose a long list of restrictions on the patrols. They include prohibitions on using race as a factor in deciding whether to stop a vehicle with a Latino occupant and on detaining Latino passengers only on the suspicion that they’re in the country illegally.
The case that led to Snow’s ruling focused on Latinos who were stopped during both routine traffic patrols and special immigration patrols known as sweeps.
During the sweeps, deputies flood an area of a city — in some cases, heavily Latino areas — over several days to seek out traffic violators and arrest other offenders. Immigrants who were in the country illegally accounted for 57 percent of the 1,500 people arrested in the 20 sweeps conducted by Arpaio’s office since January 2008.
The federal Justice Department filed a lawsuit last year that also alleges racial profiling in Arpaio’s immigration patrols. The federal government’s suit, however, claims broader civil rights violations, such as allegations that Arpaio’s office retaliates against its critics and punishes Latino jail inmates with limited English skills for speaking Spanish. Arpaio has denied the claims.
Read Latest Breaking News from Newsmax.com http://www.newsmax.com/US/Arpaio-sheriff-profiling-monitor/2013/08/17/id/520903#ixzz2cGQVSAiy
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Posted in legal opinion, personal opinion, political opinion | Tagged: Arizona, Arpaio, G. Murray Snow, Joe Arpaio, Maricopa County Sheriff's Office, Ohio, Racial profiling, United States federal judge | Leave a Comment »
Posted by paulfromwloh on Wednesday,August 14th,2013
.. in the state in which a base is located .
.. In Ohio , where I am , a base of this size , where there is likely to be such a gay soldier / airman population is at Wright – Patterson Air Force Base . Wright – Pat (for short) is huge , with many thousands of officers and airmen and airwomen . It also has detachments from the other services . These folks , though , have a problem .
.. For them , they have wither to live on base , or within a reasonable distance of the base . That means about 30 to 40 miles . Down there (Wright – Pat is downstate , just northeast of the City of Dayton , actually in Fairborn) , that means those folks live entirely within the state of Ohio . Where , matter of fact , that so – called “Same Sex Marriage” is both illegal , as well as unconstitutional . Huge Oops !
.. Somehow , I do not think that even a significant chunk of the Senate (in Democratic hands , for now) , much less saying the House (which is GOP – controlled) are going to be too thrilled with such a stunt . Circumventing local laws , where marriage is governed , and allowed servicemen and servicewomen to abrogate those local laws is not going to go over very well .
.. You might think why I picked on Wright – Pat ? It is , by far , the largest military base in the state of Ohio . No other one is really in its size class . Also , one other factor . Guess in whose congressional district parts of the base are located ?
.. John Boehner . Yea , Speaker of the House John Boehner . Whoops .
Posted in legal opinion, moral opinion, personal opinion | Tagged: air force, amendment, army, ban, circumvention, constitution, Democratic Party (United States), good order and discipline, House, John Boehner, marines, Marriage, military, navy, Ohio, organization, Republican, same sex relationships, Same-sex marriage, Speakers, state law, United States, Wright-Patterson Air Force Base | Leave a Comment »
Posted by paulfromwloh on Wednesday,July 24th,2013
[h/t — hotair.com]
Federal judge orders Ohio to recognize gay marriage performed in Maryland
posted at 11:21 am on July 23, 2013 by Allahpundit
Yes, he’s an Obama appointee.
Addressing the constitutional question, Black explained, “Although the law has long recognized that marriage and domestic relations
Image via CrunchBase
are matters generally left to the states, the restrictions imposed on marriage by states, however, must nonetheless comply with the [U.S.] Constitution.”
To that end, the court examined the Supreme Court’s decision striking down part of the Defense of Marriage Act this June in United States v. Windsor, the 1996 decision in Romer v. Evans, and in other decisions addressing differential treatment found to be unconstitutional under the Constitution’s guarantee of equal protection of the laws.
Looking at Ohio’s bans on recognizing same-sex couples’ out-of-state marriages, while acknowledging its recognition of the marriages of opposite-sex couples who would not be allowed to marry in Ohio, Black concluded, “The purpose served by treating same-sex married couples differently than opposite-sex married couples is the same improper purpose that failed in Windsor and in Romer: ‘to impose inequality’ and to make gay citizens unequal under the law.”
Needless to say, if other courts follow this lead, we’ll have coast-to-coast legal gay marriage as a matter of Full Faith and Credit with the only limitation on gay couples their ability to travel to a pro-SSM state temporarily to get hitched. The Windsor decision that the court cites here in support of its ruling held that section 3 of DOMA, which bars the federal government from recognizing gay marriages performed in pro-SSM states, is unconstitutional. The point of the Ohio ruling is that section 2 of DOMA, which allows states to refuse to recognize gay marriages performed in other jurisdictions, should also be deemed unconstitutional under the logic of Windsor. Is that true, though? Read pages 18-21 of Kennedy’s majority opinion. He’s making two arguments, really. One is that, as the Ohio judge notes, the legislature can’t impose special restrictions on gays consistent with the Equal Protection Clause. The other, though, is that Congress overreached with DOMA by intruding on the states’ sovereign prerogative to regulate marriage as they see fit. It’s not just an equal protection ruling, it’s a federalism ruling too. And unlike Section 3, Section 2 of DOMA attempts to preserve state sovereignty by allowing each state to decide for itself whether gay marriages from other jurisdictions will be recognized there, which might be a complicating factor for Kennedy if this case works its way up to SCOTUS. It shouldn’t be, says the Ohio judge — equal protection under the Fourteenth Amendment trumps states’ rights, especially when you have a history of full faith and credit for out-of-state marriages as precedent — but only Kennedy knows which way that shakes out.
Speaking of full faith and credit, a key passage from the Ohio court’s ruling:
[U]nder Ohio law, as declared by the Supreme Court of Ohio in 1958, out-of-state marriages between first cousins are recognized by Ohio, even though Ohio law does not authorize marriages between first cousins. Mazzolini v. Mazzolini, 155 N.E.2d 206, 208 (Ohio Sup. Ct. 1958) (marriage of first cousins was legal in Massachusetts and therefore is legal in Ohio regardless of the Ohio statute to the contrary).
Likewise, under Ohio law, out-of-state marriages of minors are recognized by Ohio, even though Ohio law does not authorize marriages of minors. See Hardin v. Davis, 16 Ohio Supp. 19, at *22 (Com. Pl. Hamilton Co. May 18, 1945) (“But, although first cousins cannot marry in Ohio, it has been held that if they go to another state where such marriages are allowed, marry, and return to Ohio, the marriage is legal in Ohio”); see also Slovenian Mut. Ben. Ass’n v. Knafelj, 173 N.E. 630, 631 (Ohio App. 1930) (“It is true that, under the laws of Ohio, if she were his first cousin he could not marry her; but they could go to the state of Michigan, or the state of Georgia, and perhaps many other states in the United States, and intermarry, and then come right back into Ohio and the marriage would be legal”); see also Peefer v. State, 182 N.E. 117, 121 (Ohio App. 1931) (where underage couples leave the state to marry in a state in which their marriage is valid and return to Ohio, the marriage cannot be set aside based on Ohio’s law against marriage of underage people); see also Courtright v. Courtright, 1891 Ohio Misc. LEXIS 161, at *7, aff’d without opinion, 53 Ohio 685 (Ohio 1895) (marriage between persons considered underage in Ohio married in a state where their marriage is legal “cannot be set aside, either because it was not contracted in accordance with the law of this state, or because the parties went out of the state for the purpose of evading the laws of this state”).
Ohio decided long ago that Full Faith and Credit means honoring marriages performed in other jurisdictions even if those marriages conflict with Ohio’s moral and legal preferences. Why should gay marriage be different?
All of that said, there may be an opportunity here for social conservatives. The big problem with a Federal Marriage Amendment, which seeks to ban gay marriage nationwide, is that not only is it opposed by gay-marriage supporters, it’s even opposed by some gay-marriage opponents who resist it as an infringement on federalism. The Ohio court ruling yesterday brings the federalism argument over to the social conservative side: Why shouldn’t the states, the laboratories of democracy, be allowed to follow their own rules on SSM rather than the rules of another state? There may be meaningful support in Congress and at the state level for an initiative that makes section 2 of DOMA a constitutional amendment. I give it near-zero chance of passing, but it’s a better talking point for opponents of SSM than the FMA is.
LEC here — I am a regular reader of HotAir . I was not aware of this , and am grateful to Ed Morrisey and AllahPundit for getting ahold of it . It is the height of outrageous . It is extremist judicial activism . The equal protection clauses of the 5th amendment and the 14th amendment are meant to protect individuals , not groups . Ensuring group rights via this gross misuse of the 14th amendment is criminal judicial activism . It should have and must have no place in U.S. law , or in Ohio law .
[here] is the link to the Buzzfeed.com article that has the legal documents in the case .
Posted in Investigative, legal info, legal opinion, personal opinion | Tagged: Defense of Marriage Act, DOMA, Equal Protection Clause, Federal Marriage Amendment, Ohio, Same-sex marriage, United States, Windsor | Leave a Comment »