Tuesday, September 17, 2002

A story released today by the United Press International reports that the Ohio Supreme Court Tuesday rejected a referendum on the issue of providing same-sex benefits to municipal employees in Cleveland Heights, refusing to order the issue on the ballot as requested by opponents who failed to garner enough signatures.

The Cleveland Heights City Council adopted an ordinance last April 15, extending certain employment benefits, including health and dental insurance, to registered same-sex domestic partners of public employees.

Tracie B. Moore circulated petitions, seeking to put the issue on the ballot in hopes voters would overturn the ordinance. She initially was told there were 12,221 registered voters in Cleveland Heights but that number actually was the total number of voters who participated in the Nov. 6, 2001, election. Later she was told the city had 26,410 registered voters, 28,478 registered voters and 35,699 registered voters.

Elections officials determined the 5,271 signatures she submitted fell short of the 5,355 needed to get the issue on the ballot and refused to consider 1,448 signatures submitted later.

"The fact that Moore claims that she and the other petitioners received varying numbers from the board of elections regarding the applicable number of registered voters makes no difference," the court wrote. "Any mistaken advice by the board did not stop the board or (Cleveland Heights Clerk of Council Thomas K.) Malone from invalidating the petition.

"Based on the foregoing, Moore has established neither a clear legal right to the requested writ of mandamus nor a corresponding clear legal duty on the part of Malone or the board to provide it. Therefore, we deny the writ."