Ohio win for partner benefits

by E Wayne Ross on August 29, 2007

Inside Higher Ed: Ohio win for partner benefits

An Ohio appeals court has rejected a suit challenging Miami University’s policy of offering domestic partner benefits to employees. The decision, which upheld a lower court’s ruling, was not based on whether such benefits are legal or conflict with the state’s ban on gay marriage, as the suit charged. Rather, the appeals court upheld a lower court’s ruling that under Ohio law, the conservative lawmaker who sued lacked the standing to do so — either as a taxpayer or as a tuition-paying parent. The court ruled that taxpayers do not have a general right to challenge any decision by a public entity. As for the tuition-paying parent argument, the court noted that tuition funds are not used to pay for the benefits, and that any parent who disagrees with a university’s policies is free to stop paying tuition. The decision and briefs are available on the Web site of Lambda Legal, a gay-rights organization that fought to defend the benefits.