But does Ohio's ban spell discrimination in that state? In the latest ruling related to the amendment, a court has ruled that the Ohio marriage amendment cannot be used to deny visitation rights to a parent who has entered a same-sex relatonship.
From the Cincinatti Post, "Ruling: Gay marriage ban doesn't nix custody":
COLUMBUS - A mother plans to appeal a magistrate's decision that she cannot use the state's constitutional ban on gay marriage to take away her former partner's visitation rights, the mother's lawyer said Thursday.
"Granting custody of a minor child to a nonparent is done every day," Krippel wrote in the June 22 opinion. "The granting of custody to these nonparents is not against public policy."
The ruling makes clear that granting custody is not related to defining a marriage, said Camilla Taylor, an attorney with Lambda Legal Defense and Education Fund, a gay rights legal advocacy group representing Leach.
It shows "you can't use a constitutional amendment as a weapon to attack a cherished relationship between a child and an adult that that child considers a parent," Taylor said.
As well you shouldn't.
There are principled people in this state who support gay marriage, and want to defeat the Virginia Marriage Amendment. Their arguments are weakened when others appeal to irrational fear of "unintendend consequences". Arguments are best fought on their own merits.
In this particular case, the child was the offspring of a homosexual couple. And why did this couple have joint custody rights? from the article:
At Fairchild's request, the Franklin County Domestic Relations Court gave Leach parenting rights in 2001, saying the women "shall be treated in the law as two equal parents of their minor child."
They sought the agreement so Leach could make medical decisions for the boy in Fairchild's absence, Fairchild said.
These two people were in love, and wanted to raise a family. They received protection to make medical decisions that was legally binding, and the Ohio amendment, which is essentially the same as Virginia's amendment, had no effect on that agreement to provide for medical decisions. A good thing to remember the next time you hear otherwise in the next few months -- and I'm sure you will.