OHIO STAY NEWS TODAY: U.S. District Court Judge Timothy Black is expected to announce today whether he will grant a stay of his April 14 ruling that Ohio’s ban on same-sex couples marrying is unconstitutional. Briefs from both sides of the Henry v. Wymyslo lawsuit were due Tuesday afternoon.

OHIO BALLOT MEASURE CLEARS HURDLE: Ohio Attorney General Mike DeWine announced Monday that he has certified as “fair and truthful” a summary of a proposed ballot measure seeking to treat same-sex marriages the same as heterosexual marriages in the state. The certification is just one of several hurdles FreedomOhio, a pro-gay group, must clear to put a question on the ballot in November. The proposed language states that marriage “shall be a union of two consenting adults not nearer in kin than second cousins…and no religious house of worship or the religious house of worship’s clergy shall be required to perform a marriage. All legally valid marriages shall be treated equally under the law.”

INDIA RECOGNIZES ‘THIRD GENDER’: The Supreme Court of India ruled Tuesday, “It is the right of every human being to choose their gender” and that people of a “third gender” should be given the rights of citizens. The decision in National Legal Services Authority v. Union of India was written and approved by two different justices than the ones who, in December, upheld the country’s laws against same-sex sexual relations. But this latest opinion concluded, “We, therefore, conclude that discrimination on the basis of sexual orientation or gender identity includes any discrimination, exclusion, restriction or preference, which has the effect of nullifying or transposing equality by the law or the equal protection of laws guaranteed under our Constitution, and hence we are inclined to give various directions to safeguard the constitutional rights of the members of the [transgender] community.”

MUSLIM CABBIES BALK AT ADS: Some taxi drivers in Cleveland are asking that they not be assigned to drive airport cabs that are displaying roof-top advertisements for this summer’s Gay Games. The Cleveland Plain Dealer reported Tuesday that “some” drivers that work with taxi fleets at the airport object to the ads, saying they violate their Muslim religious beliefs. The cab companies are working with the airport and cab stand operator to replace the drivers in that fleet.

INCUMBENT LOSS IN CALIFORNIA: Rancho Mirage City Council incumbent Scott Hines lost his bid for re-election April 8. Hines won only 17 percent of the nearly 12,000 votes cast. An openly gay candidate serving his first term on the council, Hines was the target of a hostile mailer during the campaign. Someone distributed to voters a postcard with a photo of Hines, the word “Fags,” and a message to “Send Hines Packing Back to Palm Springs, where he belongs.” But the Desert Sun newspaper suggested other factors in Hines’ loss may have been his youth (“in a city where retirees predominate”) and “questions about conflicts of interest.”

LOUISIANA CLINGS TO PAST: The Louisiana House rejected a bill Tuesday that sought to remove from the state code a law prohibiting sexual relations between people of the same sex. The U.S. Supreme Court struck down all state sodomy laws in 2003, with its ruling in Lawrence v. Texas. Louisiana can’t enforce its sodomy ban against consensual adults in private, but the House voted 27 to 67 to keep the on the “books.” According to the Times-Picayune, a group called the Louisiana Family Forum sent a letter to legislators saying the “anti-sodomy statute is consistent with the values of Louisiana residents who consider this behavior to be dangerous, unhealthy and immoral.”

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