Brinkman v. Miami University
Encyclopedia
Brinkman v. Miami University, et al. (2007 Ohio 4372) was a lawsuit filed by Ohio
State Representative Tom Brinkman Jr. on November 22, 2005, against Miami University
. Brinkman claimed Miami's same-sex partnership policy was in violation of Ohio's constitution
al ban on same-sex marriages.
and dental insurance, ticket discounts and tuition remission to same-sex domestic partners of faculty and staff members in July 2004. In November 2004, Ohio voters passed the state Ohio State Issue 1
, an amendment to the Ohio Constitution
that banned recognition of same-sex unions "in... this state and its political subdivisions."
Brinkman filed a lawsuit in the Court of Common Pleas
of Butler County
. Brinkman argued that Miami's offering of benefits to domestic partners of its employees "created and recognized a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage."
David Langdon, a conservative activist who wrote language for the Marriage Amendment, has stated that this is the first suit against a university's domestic partnership policy since the amendment took effect. Ohio State University
, Cleveland State University
, Youngstown State University
and several other Ohio universities also offer domestic partner benefits but are not named in the suit.
The suit was dismissed in November 2006. Brinkman appealed, and in 2007 the Ohio Court of Appeals affirmed the dismissal. Brinkman did not appeal the case to the Ohio Supreme Court
.
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
State Representative Tom Brinkman Jr. on November 22, 2005, against Miami University
Miami University
Miami University is a coeducational public research university located in Oxford, Ohio, United States. Founded in 1809, it is the 10th oldest public university in the United States and the second oldest university in Ohio, founded four years after Ohio University. In its 2012 edition, U.S...
. Brinkman claimed Miami's same-sex partnership policy was in violation of Ohio's constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
al ban on same-sex marriages.
Background
Miami began offering benefits, including healthHealth insurance
Health insurance is insurance against the risk of incurring medical expenses among individuals. By estimating the overall risk of health care expenses among a targeted group, an insurer can develop a routine finance structure, such as a monthly premium or payroll tax, to ensure that money is...
and dental insurance, ticket discounts and tuition remission to same-sex domestic partners of faculty and staff members in July 2004. In November 2004, Ohio voters passed the state Ohio State Issue 1
Ohio State Issue 1 (2004)
Ohio State Issue 1 of 2004, is a ballot measure that amended the Ohio Constitution to make it unconstitutional for the state to recognize or perform same-sex marriages or civil unions...
, an amendment to the Ohio Constitution
Ohio Constitution
The Ohio Constitution is the basic governing document of the State of Ohio, which in 1803 became the 17th state to join the United States of America. Ohio has had two constitutions since statehood was granted....
that banned recognition of same-sex unions "in... this state and its political subdivisions."
Brinkman filed a lawsuit in the Court of Common Pleas
Ohio Courts of Common Pleas
The Ohio Courts of Common Pleas are the trial courts of the state court system of Ohio.The courts of common pleas are the trial courts of general jurisdiction in the state. They are the only trial courts created by the Ohio Constitution . The duties of the courts are outlined in Article IV, Section...
of Butler County
Butler County, Ohio
Butler County is a county located in the state of Ohio, United States. As of 2010, the population was 368,130. Its county seat is Hamilton. It is named for General Richard Butler, who died in 1791 fighting Indians in northern Ohio. Butler's army marched out of Fort Hamilton, where the city of...
. Brinkman argued that Miami's offering of benefits to domestic partners of its employees "created and recognized a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage."
David Langdon, a conservative activist who wrote language for the Marriage Amendment, has stated that this is the first suit against a university's domestic partnership policy since the amendment took effect. Ohio State University
Ohio State University
The Ohio State University, commonly referred to as Ohio State, is a public research university located in Columbus, Ohio. It was originally founded in 1870 as a land-grant university and is currently the third largest university campus in the United States...
, Cleveland State University
Cleveland State University
Cleveland State University is a public university located in downtown Cleveland, Ohio. It was established in 1964 when the state of Ohio assumed control of Fenn College, and it absorbed the Cleveland-Marshall College of Law in 1969...
, Youngstown State University
Youngstown State University
Youngstown State University, founded in 1908, is an urban research university located in Youngstown, Ohio, United States. As of fall 2010, there were 15,194 students and a student-faculty ratio of 19:1. It is recognized as being one of the premier schools in the country, comparable to Ivy League...
and several other Ohio universities also offer domestic partner benefits but are not named in the suit.
The suit was dismissed in November 2006. Brinkman appealed, and in 2007 the Ohio Court of Appeals affirmed the dismissal. Brinkman did not appeal the case to the Ohio Supreme Court
Supreme Court of Ohio
The Supreme Court of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members, a chief justice and six associate justices, each serving six-year terms...
.