News Release

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Miami University
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Court affirms dismissal of lawsuit
against Miami domestic partner benefits policy

08/29/2007

The dismissal of a lawsuit against Miami University's domestic partner benefits has been upheld by a state appeals court.

The Ohio 12th District Court of Appeals ruled that State Rep. Tom Brinkman Jr. of Cincinnati did not have legal standing to sue the university over its benefits policy.

Brinkman had argued the same-sex partnership policy violates an Ohio constitutional ban on civil unions that went into effect in 2004, and that he had legal right to sue as a taxpayer, as a parent of Miami students and as a matter of "public-right" in that the subject has great public interest.

In a decision made Aug. 27, the three-judge panel disagreed on all three arguments and affirmed the judgment of the trial court. Brinkman's suit was denied first in Butler County Court of Common Pleas last November, based on a summary judgment stating he lacked standing to sue. Brinkman then appealed.

Miami's board of trustees voted in 2004 to begin offering domestic partner benefits July 1 of that year.

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