Ohio AG certifies petition for Freedom to Marry and Religious Freedom Amendment

The Ohio AG has approved the petition
filed by Freedom to Marry Ohio. The
next step is the Ohio Ballot Board.

Ohio Attorney General Mike DeWine has certified the petition for the Freedom to Marry and Religious Freedom Amendment.

This means that it will be sent to the Ohio Ballot Board to ensure the amendment contains a single issue and, if so, petitioners can begin to gather the signatures necessary to put the measure on the ballot.

Interestingly, today a federal judge is expected to issue a ruling on whether or not Ohio must recognize the marriages of gay couples who marry in other states.

Ohio voters approved a state-wide gay marriage ban in 2004.

According to the summary, the amendment would repeal and replace Section 11 to Article XV of the Ohio Constitution to:

• Allow two consenting adults not nearer of kin than second cousin, and not having a husband or wife living, the freedom to enter into a marriage regardless of gender.
• Define religious house of worship as one where the primary activity is religious worship and provides that no house of worship or its clergy shall be required to perform a marriage.
• Provide that all legally valid marriages shall be treated equally under the law.

Here is the press release with a link to the petition:

(COLUMBUS, Ohio)—Ohio Attorney General Mike DeWine today determined that the proposed Freedom to Marry and Religious Freedom Amendment seeking to amend Article XV, Section 11 of the Ohio Constitution submitted the required 1000 valid signatures of Ohio electors and a summary of the amendment that is a "fair and truthful "statement of the proposed law.

Attorney General DeWine has sent letters to both the committee that represents the petitioners and Ohio Secretary of State Jon Husted.

"Without passing on the advisability of the approval or rejection of the measure to be referred but pursuant to the duties imposed on the Attorney General's Office under Section 3519.01(A) of the Ohio Revised Code, I hereby certify that the summary is a fair and truthful statement of the proposed constitutional amendment," Attorney General DeWine stated in a letter to the petitioners.

Once the summary language and initial signatures are certified, the Ohio Ballot Board must determine if the amendment contains a single or multiple issues. The petitioners must then collect signatures in 44 of Ohio's 88 counties, equal to 5 percent of the total vote cast in the county for the office of governor at the last gubernatorial election. Total signatures collected statewide must also equal 10 percent of the vote cast for the office of governor in the last gubernatorial election

The full text of today's letter and of the amendment petition may be found at www.OhioAttorneyGeneral.gov/BallotInitiatives.

Ohio Cannabis Rights Amendment certified to Ballot Board

Press release:

(COLUMBUS, Ohio)—Ohio Attorney General Mike DeWine today certified the petition for the proposed constitutional amendment submitted by the Ohio Rights Group.

On May 7th, the Ohio Attorney General's Office received a written petition to amend the Ohio Constitution by adding the Ohio Cannabis Rights Amendment. The submission was certified today as containing both the necessary 1,000 signatures from registered Ohio voters and a "fair and truthful" summary.

"Without passing upon the advisability of the approval or rejection of the measure to be referred,…I hereby certify that the summary is a fair and truthful statement of the proposed constitutional amendment," DeWine stated in a letter to the Ohio Ballot Board.

Once the summary language and initial signatures are certified, the Ohio Ballot Board must determine if the amendment contains a single issue or multiple issues. The petitioners must then collect signatures for each issue from registered voters in each of 44 of Ohio's 88 counties, equal to 5 percent of the total vote cast in the county for the office of United States President at the last presidential election. Total signatures collected statewide must also equal 10 percent of the total vote cast for the office of president at the last presidential election.

The full text of today's letter and of the amendment petitions submitted can be found at www.OhioAttorneyGeneral.gov/BallotInitiatives.

Ballot Board attempts to block health care freedom amendment

This in via email:

For Immediate Release
Friday, April 9, 2010


Ballot Board Attempts to Block Health Care Freedom Amendment

Constitutional Rights Legal Center to File Action with Ohio Supreme Court

Columbus - Secretary of State Jennifer Brunner and the Ohio Ballot Board today ruled a proposed constitutional amendment aimed at protecting Ohioans from forthcoming health care regulations should be split into two parts. As a result, the board rejected the proposed amendment and told its sponsor, the Ohio Liberty Council, to start over.

The move places the Ohio Liberty Council in the untenable position of restarting the amendment language approval process and collecting two sets of 402,275 signatures by June 30. The group will ask the Ohio Supreme Court to block the Ballot Board's action.

"The Ohio Ballot Board got it wrong today," said Warren Edstrom of the Ohio Liberty Council. "We will ask the Ohio Supreme Court to uphold our amendment language and correct this error."

Maurice Thompson, executive director of the 1851 Center for Constitutional Law, drafted the amendment language and represented the Ohio Liberty Council at today's hearing. "The Ballot Board's decision is contrary to the law and its past precedent," said Thompson. "I am at a loss to find any logical reason for the board's decision other than its own policy preferences. Board members cited concerns with the single subject rule regarding the amendment. However, if different parts of an amendment address a common purpose, the single subject rule is satisfied. And, this amendment's common purpose is to allow Ohioans the right to choose their health care."

On March 22, the Ohio Liberty Council began the process of the placing a health care freedom constitutional amendment on the November 2010 ballot. The group filed petition summary language and nearly 3,000 signatures from registered voters in 48 counties with the Ohio Attorney General, who later approved the language as truthful and accurate.

The amendment provides that:

* In Ohio, no law or rule shall compel, directly or indirectly, any person, employer, or health care provider to participate in a health care system;

* In Ohio, no law or rule shall prohibit the purchase or sale of health care or health insurance; and

* In Ohio, no law or rule shall impose a penalty or fine for the sale or purchase of health care or health insurance.

The Ohio Liberty Council is a statewide coalition of non-partisan grass roots groups in Ohio including Central Ohio 9/12 Project, Cincinnati Tea Party, Young Americans for Liberty, Dayton Tea Party, Ohio Freedom Alliance and many more grass roots organizations. By working together, the member groups of the Ohio Liberty Council seek to achieve real results to protect and promote liberty in Ohio. More on the Ohio Liberty Council can be found at http://www.ohiolibertycouncil.org.

The 1851 Center for Constitutional Law is non-profit, non-partisan legal center dedicated to protecting the constitutional rights of Ohioans from government abuse. The 1851 Center litigates constitutional issues related to property rights, voting rights, regulation, taxation, and search and seizures. More on the 1851 Center can be found at http://www.ohioconstitution.org.

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