CAPITOLCREATIVE

Ohio Alliance of YMCAs

40 West Long St, Columbus, OH 43215 BRIEFNAME November 2014 www.ohioymcas.org

A legislative newsletter for CEOs, CVOs, Staff, and Partners of the Alliance of YMCAs

IN THIS ISSUE

Statehouse Family Feud a Success!

Election Takeaways

Lame Duck Chaos Begins

Will the New Legislature and Governor Get Along?

Governor Begins School Mentoring Program

Legislature Elects New Leadership for each House

th 6 Circuit Court Upholds Marriage Ban

STATEHOUSE FAMILY ENJOY THIS ISSUE? Feel free to share this newsletter FEUD A SUCCESS! with anyone who you think may find it useful. On November 18, the Ohio Alliance of YMCAs hosted the 2nd annual Ohio Statehouse Family Feud, where Republican and Democratic legislators battled it out in good fun to benefit Ohio YMCA Youth in Government. The Democrats fought to keep the trophy from last year, but the Republicans QUESTIONS, were victorious. Over 100 lobbyists and legislators turned out to watch COMMENTS, IDEAS? the legislators play the Feud, and were generous in helping us raise dollars to support Youth in Government! Contact Beth Tsvetkoff at [email protected]. YIG Chair Rep. Lynn Wachtmann passed the gavel to the new co-chairs Sen. , Rep. Christina Hagan, and Rep. Michael Stinziano. Also follow Beth on Twitter at www.twitter.com/BethTsvetkoff, Thank you to everyone who volunteered, participated, and attended! or at www.ohioymcas.org.

For more information about YMCA Youth in Government, or to begin or expand a delegation at your Y or school, contact Charlie Myers at [email protected] or 419-632-1000.

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ELECTION TAKEAWAYS LAME DUCK

Turnout was down. According to unofficial numbers released from the CHAOS BEGINS secretary of state’s office, turnout was just a little more than three million, or about 39.99%, of the voting population in Ohio. In 2010, the As Ohio House Speaker William G. last gubernatorial election, turnout was nearly four million, or about Batchelder heads into the final 49.22%. two months of his 38-year legislative career, he described Getting an amendment on the ballot just got easier. The unofficial the upcoming lame-duck session vote for governor was about 3,010,760. Adding an amendment to the this way: “You never know what Ohio Constitution requires 10% of the total votes cast for governor, the hell is going to happen next.” meaning ballot issues will need just over 300,000 valid signatures to get That about sums it up. on the ballot. Previously, it was 385,247 signatures. The post-election sprint to the The Green Party is now a minor party. Green Party candidate Anita end of the legislative session Rios received about 3.3% of the total vote for governor, giving the Green began this month with what’s Party party status for the next four years. Current law puts the threshold commonly called the lame-duck at 2%, while recent legislation, SB 193 (Seitz), raised that threshold to — a period when legislation and 3% (though the bill currently is being litigated). amendments fly fast as leaders try to clear the decks and fulfill Lots of new faces. There are 29 incoming freshmen into the Ohio last-minute political wish lists. House. There are four new members in the . Those numbers are up from the 130th General Assembly, when fewer than 20 seats in Senate President Keith Faber, R- both chambers changed hands. Celina, said the list of bills still pending in Senate committees Not their first rodeo. They may be called freshmen, but there are a goes on for ten pages. number of "new" members very familiar with the General Assembly. Robert Cupp, the new representative for the 3rd Ohio House District, Republican Gov. may previously served in the Senate. David Leland in the 22nd House District be disappointed. He is not a fan previously served in the House, as did , the new of lame-duck sessions and has representative for the 27th District. In the Senate, Kenny Yuko returns to asked the legislative leaders to the General Assembly two years after term limits forced him from the keep it short. Ohio House. A look at some of the issues that Continuing their legislative careers. There are three lawmakers could pop up in the lame-duck switching from one chamber to the other in this incoming freshmen class, session is below. up from two in the 130th. Jay Hottinger and Sandra Williams move from the House to the Senate, while Tim Schaffer is returning to the House Municipal tax uniformity: A after an eight-year stint in the Senate. business-backed bill designed to bring more uniformity to Ohio’s Bad day to be a Redfern. Not only did Rep. Chris Redfern (D-Catawba complex system of municipal Island) lose his re-election bid and his ride as income taxes is likely to pass, chairman, but his wife, Kim, lost a bid for the State Board of Education’s despite continued objections from 2nd District, and brother Rick garnered 36% of the vote in a failed bid to cities including Columbus. unseat Rep. Cheryl Grossman (R-Grove City). Red-light cameras: The House The races were not very competitive. Most of the legislative races already has passed a bill to saw the winner emerge by a least 5 percentage points. eliminate the cameras. The Senate is considering a different Women increase, African Americans decrease. The number of route, but the result would be the women in the 131st General Assembly will increase, going from 31 in the same — the cameras used by 130th to 33 in the 131st. The number of African Americans, however, is Columbus and other cities largely falling, going from 17 in the 130th to 15 in the 131st, in part because of would go away. Rep. Roland Winburn’s (D-Dayton) loss and the departure of Sen. Nina Turner (D-), who ran for secretary of state.

Reported by Hannah News Service Continued on page 3

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Continued from page 2 WILL THE NEW LEGISLATURE Towing: A bill aimed at cracking AND GOVERNOR GET ALONG? down on predatory towing practices already has passed the Republican Gov. John Kasich will start his second term with his party House, and another dealing with controlling its largest legislative majorities in decades. unclaimed cars held by towing companies is in the Senate. But with Republicans winning a record 65 House seats in this month's election and maintaining a solid 23-10 Senate majority, Kasich may find it Guns: Lame-duck sessions are even harder to win legislative approval of some high-profile proposals, always ripe for gun legislation. including Medicaid expansion and increasing taxes on oil and gas fracking. SB 338, which makes a number of gun-related changes, including A more conservative legislature also could be more likely to pass reducing the training needed to measures Kasich may be leery to see come to his desk, such as "right-to- obtain a concealed-carry license work" legislation that would prohibit employers from requiring workers to from 12 hours to eight, is likely to pay union dues. Kasich is rumored to be interested in running for see action. It remains uncertain president in 2016, which, if true, would create additional pressure for him whether a stand-your-ground to avoid hot-button issues. provision that passed the House will be moved in the Senate. A number of Republican lawmakers said they expect to maintain good relations with the governor – perhaps even better than when he began his Redistricting/term limits: first term in 2011. But they also said they don't intend to march in lock Faber has indicated interest in step with the administration on every issue. passing a redistricting plan that would set up a bipartisan panel to "When he first came in and kind of started laying out his plans, I think draw legislative and congressional some people might have thought he was being too aggressive," said maps. Batchelder has shown Senate Majority Leader , a Strongsville Republican. "And now, more interest in expanding Ohio’s some of the people from his own party might think he's not aggressive eight-year legislative term limits, enough – read into that 'not conservative enough.'" likely to 12 years. However, with the Governor's accomplishments and landslide re-election Pay raises: Ohio judges, state victory, Patton said, GOP lawmakers "might be more prone to listen to his lawmakers, county elected opinions on a variety of issues" compared to when Kasich first took office. officials, and township trustees have not seen a pay raise since Rep. Bob Hackett, a London Republican, agreed, saying he believed 2008, and the only way to get lawmakers will work with Kasich better during his second term even one is if the legislature approves though the House will be more conservative. Between 20-25% of House it. Such votes are always dicey, Republicans, Hackett said, are on the "extremely far, tea-party-type but when they do happen, they right." But, he said, "that leaves a high percentage of the Republicans often take place during the lame- that are more, you know, reasonable." duck session.

Rep. Kristina Roegner, a Hudson Republican, disputed that only Death penalty: Attorney General lawmakers on the far right support proposals such as a right-to-work bill. Mike DeWine and Ohio She said while conservatives will work cooperatively with the governor on prosecutors want to shield the many issues, "No one elected us to be rubber stamps." identities of drug suppliers and physicians involved in Ohio’s The administration, for its part, rejects the notion that Republican gains in execution process. Both Faber the Statehouse will create additional difficulties for the governor, said and Batchelder said they are Kasich spokesman Rob Nichols. looking at the plan for the lame- duck session, without which, What the legislature does during Kasich's second term will depend on the DeWine says, the state will not be Republican House and Senate leaders, who control which bills are voted able to resume executions. on. Senate President Keith Faber, a Celina Republican, said he has a "close working relationship" with the governor.

Reported by the Cleveland Reported by the Columbus Dispatch Plain Dealer

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GOVERNOR LEGISLATURE ELECTS NEW BEGINS LEADERSHIP FOR EACH HOUSE

SCHOOL Members of the House Republican Caucus for the 131st General Assembly MENTORING this month elected Rep. Cliff Rosenberger (Clarksville) as the next speaker of the House, while the Senate GOP Caucus re-elected Senate PROGRAM President Keith Faber (Celina) to a second term as head of the majority in that chamber. Gov. John R. Kasich this month signed Executive Order (EO) Rosenberger will replace term-limited Republican House Speaker Bill 2014-05K creating the Batchelder (Medina), winning the position over rival Rep. Jim Butler Community Connector Advisory (Dayton), who said he believed the race was “neck and neck” going in. Board to help provide guidance to The ballot was secret and members of the caucus are not informed of the the state superintendent of public final vote tally, Butler told reporters after the election. instruction on Ohio’s new school mentoring program. House Republicans also elected Rep. Ron Amstutz (Wooster) as speaker pro tempore, Rep. Barbara Sears (Sylvania) as majority leader, Rep. Jim Community Connectors is one of Buchy (Greenville) as assistant majority leader, Rep. Mike Dovilla (Berea) the education reforms signed into as majority whip, and Rep. Dorothy Pelanda (Marysville) as assistant law last June and seeks to bring majority whip. together parents, community organizations, faith-based groups, Senate Republicans re-elected Sen. Chris Widener (Springfield) as businesses, and others to support president pro tempore, Sen. Tom Patton (Strongsville) as majority floor Ohio’s schools and mentor leader, and Sen. Larry Obhof (Medina) as majority whip. students. Community Connectors provides $10 million in 3-to-1 Rosenberger, who at the age of 33, said he is likely the second youngest matching grants that will help speaker in Ohio history. give more Ohio students access to role models who can help The Ohio Senate Democratic Caucus also announced last week the re- motivate and inspire them, as election of its leadership team to serve in the next General Assembly well as help them develop skills beginning in January. that lead to success in school and the workplace. The team will be led by Senate Minority Leader (Boardman). The other members of the team include Assistant Minority State Superintendent of Public Leader Charleta B. Tavares (Columbus), Minority Whip Edna Brown Instruction, Dr. Richard A. Ross, (Toledo), and Assistant Minority Whip Lou Gentile (Steubenville). who will ultimately award the matching grants, asked the House Democrats named Rep. (Dayton) House Democratic st governor earlier this fall to leader for the 131 General Assembly, easily winning the support of his appoint an advisory board of peers after Representative-elect David Leland (Columbus) pulled his name individuals to advise him on from consideration earlier in the day. designing and implementing the program. In response, Kasich The Democratic Caucus also named Rep. Nicholas J. Celebrezze (Parma) has appointed community leaders assistant Democratic leader, Rep. Kevin Boyce (Columbus) Democratic representing organizations like whip, and Rep. Nickie Antonio (Lakewood) assistant Democratic whip. Antioch Baptist Church in Cleveland, the Columbus Reported by Hannah News Service Partnership, the Youth Collaborative, and United Way of Greater Cleveland.

The Ohio Department of Education plans to kick-off the grant program later this year.

Reported by Hannah News Service

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6TH CIRCUIT COURT UPHOLDS MARRIAGE BAN

The U.S. Sixth Circuit Court of Appeals in Cincinnati this month became the first federal court to uphold state prohibitions on same-sex marriage, including Ohio’s, meaning the ultimate decision on the constitutionality of the bans likely is headed to the U.S. Supreme Court.

Judge Jeffrey Sutton wrote for the majority in the 2-1 decision, saying the states have the right to set rules prohibiting marriage between same-sex adults. This ruling is in direct conflict with every other court ruling on the matter since the U.S. Supreme Court decision in U.S. v. Windsor, which struck down the federal Defense of Marriage Act (DOMA). The Court recently denied certiorari to five states appealing federal court decisions striking down state bans on same-sex marriage, which effectively brought the number of states that will have legal same- sex marriage to 32.

“This is a case about change -- and how best to handle it under the Constitution. From the vantage point of 2014, it would now seem, the question is not whether American law will allow gay couples to marry; it is when and how that will happen,” Sutton wrote.

“What remains is a debate about whether to allow the democratic processes begun in the states to continue in the four states of the Sixth Circuit or to end them now by requiring all states in the circuit to extend the definition of marriage to encompass gay couples. Process and structure matter greatly in American government. Indeed, they may be the most reliable, liberty-assuring guarantees in our system of government, requiring us to take seriously the route the United States Constitution contemplates for making such a fundamental change to such a fundamental social institution.”

“Of all the ways to resolve this question, one option is not available: a poll of the three judges on this panel, or for that matter all federal judges, about whether gay marriage is a good idea,” he continued. “Our judicial commissions did not come up with such a sweeping grant of authority, one that would allow just the three of us – just two of us in truth – to make such a vital policy call for the 32 million citizens who live with the four states of the Sixth Circuit: , Michigan, Ohio, and Tennessee.”

He said neither the Due Process Clause nor the Equal Protection Clause of the Fourteenth Amendment requires states to expand the definition of marriage to include same sex couples.

“By creating a status (marriage) and by subsidizing it (e.g., with tax-filing privileges and deductions), the states created an incentive for two people who procreate together to stay together for purposes of rearing offspring. That does not convict the states of irrationality, only of awareness of the biological reality that couples of the same sex do not have children in the same way as couples of opposite sexes and that couples of the same sex do not run the risk of unintended offspring. That explanation, still relevant today, suffices to allow the states to retain authority over an issue they have regulated from the beginning,” Sutton wrote.

Judge Martha Craig Daughtrey wrote a dissenting opinion, saying, “The author of the majority opinion has drafted what would be an engrossing TED Talk or, possibly, an introductory lecture in political philosophy.”

“But as an appellate court decision, it wholly fails to grapple with the relevant constitutional question in this appeal: whether a state’s constitutional prohibition of same-sex marriage violates equal protection under the Fourteenth Amendment,” she said. “Instead, the majority sets up a false premise – that the question before us is 'who should decide?' – and leads us through a largely irrelevant discourse on democracy and federalism.”

Reported by Hannah News Service

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