Impact of DOMA, Proposition 8 rulings in the Tri-State - Cincinnati News, Weather, Sports from FOX19 NOW-WXIX

Local impact of Supreme Court rulings on DOMA, Prop. 8

CINCINNATI, OH (FOX19) -

FOX19 sat down with two local professors to explain how the Supreme Court rulings on the Defense of Marriage Act and Proposition 8 will impact the Tri-State.

Currently Ohio, Kentucky, and Indiana all have laws on the books defining marriage as between one man and one woman.

"The court went to great lengths today to point out that its decision did not affect states in those positions," explained Phil Sparkes, Director of NKU's Chase Local Government Law Center.

Sparkes says instead of making a broad judgment about same sex marriage the U.S. Supreme Court went with a fairly narrow ruling.

"The Prop 8 case gave the court an opportunity to make a declaration about the constitutionality of same sex marriage and the court decided not to take the invitation and passed it back to the lower courts," he said.

"What the court says, as it typically as in this area, is that historically and traditionally marriage and some other domestic issues has been the kind of domain, if you will, of the states," explained UC law professor Ronna Greff Schneider.

They say the lines are now gray, however, for gay couples who have a legalized marriage in one state and then move to a state with a ban in place.

"The court did not strike down the provision of DOMA that permits states to deny recognition of same sex marriages performed in other states," Sparkes told FOX19.

"That issue has not been resolved by the U.S. Supreme Court and I think that is the real tricky one for subsequent litigation," echoed Schneider.

While the Supreme Courts' decision does not directly impact the Tri-state, Sparkes says it represents a major societal shift in a relatively short timeframe.

"In a mere seventeen years we have gone from a time when the Defense of Marriage Act was the common understanding in all 50 states that marriage was between one man and a woman to a situation today where in 13 states the court recognizes that those states have the right to define marriage differently if they want to," Sparkes said. 

While cities like Cincinnati have anti-discrimination laws on the books protecting people despite their sexual orientation, the ACLU says it is still legal in Ohio to fire someone or deny housing to someone who identifies as gay or lesbian. 

Copyright 2013 WXIX. All rights reserved.

  • FOX19 HeadlinesMore>>

  • Police searching for missing endangered Springboro teen

    Police searching for missing endangered Springboro teen

    Saturday, June 23 2018 5:37 PM EDT2018-06-23 21:37:30 GMT
    Frista Gibbons (provided by: Springboro PD)Frista Gibbons (provided by: Springboro PD)

    The Springboro Police Department is requesting the public’s assistance in locating a missing and endangered juvenile.

    Full Story >

    The Springboro Police Department is requesting the public’s assistance in locating a missing and endangered juvenile.

    Full Story >
  • Sanders says she was told to leave Virginia restaurant

    Sanders says she was told to leave Virginia restaurant

    Saturday, June 23 2018 11:48 AM EDT2018-06-23 15:48:09 GMT
    Saturday, June 23 2018 5:36 PM EDT2018-06-23 21:36:49 GMT
    White House press secretary Sarah Sanders acknowledges in a tweet that she was asked to leave a Virginia restaurant Friday night. (Source: AP Photos)White House press secretary Sarah Sanders acknowledges in a tweet that she was asked to leave a Virginia restaurant Friday night. (Source: AP Photos)

    White House press secretary Sarah Sanders acknowledges in a tweet that she was asked to leave a Virginia restaurant Friday night.

    Full Story >

    White House press secretary Sarah Sanders acknowledges in a tweet that she was asked to leave a Virginia restaurant Friday night.

    Full Story >
  • Administration seeks to expand immigrant family detention

    Administration seeks to expand immigrant family detention

    Saturday, June 23 2018 12:26 AM EDT2018-06-23 04:26:10 GMT
    Saturday, June 23 2018 5:36 PM EDT2018-06-23 21:36:00 GMT
    (AP Photo/Eric Gay, File). FILE - In this July 31, 2014, file photo, an artificial turf soccer field sits in the middle of the Karnes County Residential Center in Karnes City, Texas. The immigration detention facility has been retooled to house adults ...(AP Photo/Eric Gay, File). FILE - In this July 31, 2014, file photo, an artificial turf soccer field sits in the middle of the Karnes County Residential Center in Karnes City, Texas. The immigration detention facility has been retooled to house adults ...
    (AP Photo/Eric Gay, File). FILE - In this July 31, 2014, file photo, an artificial turf soccer field sits in the middle of the Karnes County Residential Center in Karnes City, Texas. The immigration detention facility has been retooled to house adults ...(AP Photo/Eric Gay, File). FILE - In this July 31, 2014, file photo, an artificial turf soccer field sits in the middle of the Karnes County Residential Center in Karnes City, Texas. The immigration detention facility has been retooled to house adults ...

    The Trump administration is calling for the expanded use of family detention for immigrant parents and children who are stopped along the U.S.-Mexico border.

    Full Story >

    The Trump administration is calling for the expanded use of family detention for immigrant parents and children who are stopped along the U.S.-Mexico border.

    Full Story >
Powered by Frankly