Ohio Court Dismisses Lawsuit Challenging Same-sex Benefits

A Butler County court has dismissed a lawsuit filed by a state legislator who challenged Miami University’s same-sex partner benefits policy based on Ohio’s 2004 constitutional amendment banning gay marriage.

Common Pleas Judge Charles Pater ruled on Monday that state Rep. Tom Brinkman Jr., R-Cincinnati, had no legal standing to sue the university as a taxpayer.

“The court has affirmed that Mr. Brinkman’s daily life is unaffected when the domestic partners of lesbian and gay university employees have health insurance and he therefore has no standing to bring a lawsuit,” said James P. Madigan, staff attorney for Lambda Legal, a national advocacy group that represented two Miami faculty members, in a news release.

Brinkman said the dismissal was “based on a technicality” and he would appeal.

In the decision, the judge wrote, “‘Arguably, Brinkman is correct, but he lacks the requisite, adverse legal interest in the dispute.”

Brinkman, the father of two Miami students, has said he doesn’t want his tuition and tax money going to support the policy. The suit, filed last year, contended the benefits violated the state constitution.

“It’s almost one of those things where the operation was successful but the patient died. This time, we have a chance to resuscitate the patient through the appeals court,” Brinkman said.

Miami had asked the court to dismiss the suit in December, saying Brinkman’s interpretation of the constitution was in error.

“Miami University is pleased with this judgment. It means we can continue to provide these benefits uninterruptedly,” said spokeswoman Claire Wagner. “The university offers domestic partner benefits because we believe it’s the right thing to do and because it allows us to attract high-quality faculty and staff.”

The university began offering the domestic partners of faculty and staff access to health and dental insurance, tuition remission and ticket discounts four months before voters approved the amendment.

As of last year, about 30 people had taken advantage of the benefits, the university has said. Overall, the school pays $50 million in annual benefits for faculty and staff, spending an estimated $100,000 on domestic partner benefits.