Anti-LGBT rights groups who are against Cleveland’s new domestic partner registry are once again challenging it in the courts.

Opponents of Cleveland’s domestic partner registry, who sued the city claiming it violates the state marriage ban amendment, now want an appeals court to reinstate the case after a judge threw it out.

The suit, filed last August by a newly-founded group and a Cleveland anti-gay activist, was dismissed in November by Cuyahoga County Common Pleas Judge Joseph D. Russo.

It is nearly identical to a 2004 case which their attorneys lost against a Cleveland Heights registry.

The Heights measure was ultimately upheld by the Eighth District Ohio Court of Appeals–the same court that will hear this case.

The current suit was filed by a group calling itself Cleveland Taxpayers for the Ohio Constitution and city resident Dorothy McGuire. They are represented by attorney David Langdon of Cincinnati–who wrote the marriage ban amendment–and the anti-gay Alliance Defense Fund of Scottsdale, Arizona.

The ABJ makes the case for the repeal of the discriminatory Don’t Ask, Don’t Tell policy.

In 1993, the Rand Corp. conducted a study on the effects of allowing openly gay men and lesbians to serve in the military. It concluded they could do so effectively — if the policy received the strong support of military leaders. Put another way, troops would follow orders, the American military rising to the occasion, maintaining cohesion, as it did when Harry Truman ordered the integration of the ranks.

On Tuesday, Adm. Mike Mullen displayed the leadership the Rand analysts had in mind. The chairman of the Joint Chiefs of Staff told members of the Senate Armed Services Committee: ”No matter how I look at the issue, I cannot escape being troubled by the fact that we have in place a policy which forces young men and women to lie about who they are in order to defend their fellow citizens.”

The admiral added that he believes ”allowing gays and lesbians to serve openly would be the right thing to do.” He joined Robert Gates, the secretary of defense, in outlining the process the Pentagon would launch to end the 16-year-old policy of ”don’t ask, don’t tell,” a compromise of the Clinton era that has proved ugly and harmful in many respects.

After updating its anti-discrimination policy last year, the city of Columbus continues to make itself more welcoming to LGBT residents.

City leaders are pushing to extend health benefits to domestic partners, 10TV’s Maureen Kocot reported Wednesday.

The city was one of the first, but now one of the last employers in central Ohio, to offer the benefits to people who are living together but are not married.

Mayor Michael Coleman is in serious discussions with City Councilman Andrew Ginther to have a plan in place by the end of the year, Kocot reported.

No one is estimating how much the extended benefits would cost taxpayers.

Another step towards equality in the military.

The military’s top uniformed officer on Tuesday, Feb. 2, made an impassioned plea for allowing gays to serve openly in uniform, telling a Senate panel that it is wrong to force people to “lie about who they are in order to defend their fellow citizens.”

The comments by Adm. Mike Mullen, chairman of the Joint Chiefs of Staff, set the stage for the Defense Department’s yearlong study into how the ban can be repealed without causing a major upheaval in the military.

Defense Secretary Robert Gates, appearing with Mullen before the Armed Services Committee, announced plans to loosen enforcement rules involving the “don’t ask, don’t tell” policy that has been in effect since 1993.

The Rev. Dr. Brodie R. Mathis, pastor of Zion Baptist Church in Dayton, sees both sides of the controversial debate.

A new step forward in ending job discrimination for transgender people.

The Obama administration, in addition to appointing a transgender woman to a Department of Commerce position this month, also extended equal employment rules for government employees to cover gender identity.

While federal law prohibits federal employment decisions based on anything other than merit, and discrimination based on sex is illegal, this is the first piece of federal policy explicitly banning discrimination based on gender identity.

The policy protects current and prospective employees of the federal government, but does not cover employees of private companies, or state or local governments. Currently, under 40% of the population lives in states, counties or cities that offer job discrimination protection based on gender identity.

“This new policy is a very significant development,” American Civil Liberties Union senior legislative counsel Christopher Anders said. “The inclusion of gender identity in federal EEO [equal employment opportunity] policies is a very clear statement that the federal government will not discriminate based on gender identity. The Obama administration is demonstrating a strong commitment to an effective workforce by making clear that the federal government will not discriminate against transgender employees.”

Columbus school officials are considering adding sexual orientation to it’s non-discrimination policy for staff as well as students.

Columbus schools are moving to prohibit discrimination against any student or employee based on sexual orientation, according to a policy change that will get a first reading at a Board of Education meeting today.

In listing the types of discrimination that won’t be tolerated in education programs, activities and employment practices, the ordinance would add prejudice based on sexual orientation to the current race, creed, sex, age, color, national origin and disability.

[…]

“Sexual orientation is not included yet in state or federal nondiscrimination laws, which is why it’s so important to have them added to local policies,” said Carrie Davis, an attorney for the American Civil Liberties Union of Ohio.

Attempts to codify protections for sexual orientation sometimes have been controversial.

The ABJ discusses recent moves by Akron and Summit County to prohibit discrimination based on sexual orientation or gender identity.

The Akron City Council hardly approved radical legislation when it said yes on Monday evening to an ordinance outlawing discrimination based on sexual orientation and gender identity. If anything, the council did not go far enough, adding unnecessary exemptions that essentially reflect the view that discrimination should be permitted in certain circumstances, albeit narrowly framed.

The Summit County Council got the task right, approving its proposal without hedging, stating firmly that discrimination based on sexual orientation and gender identity will not be permitted. It followed the course taken by most of the nation’s Fortune 500 companies, by more than 20 states and 11 four-year universities in Ohio, plus 17 cities in the state.

There is a strong economic argument for the legislation. Bar such discrimination, and a community, large or small, opens the door to becoming more diverse and vibrant. It draws on a larger pool of talent and reaps the rewards. In that way, the Ohio Senate would do well to concur with similar legislation that cleared the House in September.

Not to be outdone, Akron and Summit County also passed non-discrimination ordinances that protect residents on the basis of sexual orientation and gender identity.

Discrimination in Akron and Summit County based on sexual orientation or gender identity is now illegal — sort of.

Both Akron and Summit County councils passed ordinances Monday that added these to their protected classes.

But Akron City Council — after nearly an hourlong debate — carved out exemptions for contractors with the city who either serve minors or are religion-based.

City Council approved the amended ordinance 10-2, with councilmen Mike Freeman and Jim Hurley, both of whom voiced religious concerns, as the ”no” votes.

Cleveland City Council updated its anti-discrimination ordinance last night by adding gender identity to the list of protected classes.

Cleveland’s anti-discrimination laws will grow to protect transgender citizens under an ordinance passed Monday by City Council.

Existing city codes prohibit businesses from denying jobs or housing to citizens for reasons of age, race, religion or sexual orientation.

View full sizeJoe SantiagoActivists in the lesbian, gay, bisexual and transgender community had lobbied for more than a year to include gender identity and expression.

The unanimous vote was the latest step the council has taken to demonstrate a more tolerant atmosphere — one that helped the city land the 2014 Gay Games, an international competition.

The Blade recently editorialized on some of the unfulfilled promises the Obama administration has made in regards to LGBT rights, and encouraging others to hold him accountable for those promises.

EVERYBODY knows that President Obama is under attack by conservatives. What those same critics from the right refuse to acknowledge is that the President has been pursuing pragmatism, not socialism, and that approach has not endeared him to his own base. The 1996 Defense of Marriage Act is one of many examples.

The administration is in the odd position of defending in court the statute that defined marriage as being between one man and one woman, while the President himself is calling for its repeal.

Last Monday, Justice Department attorneys filed more papers seeking the dismissal of a federal suit from California brought by two gay men who are married and challenging the federal marriage law, which prevents gay couples from securing Social Security spousal benefits and filing joint taxes, among other benefits, and from being recognized as married in states that do not have gay marriage.

Bowling Green recently joined several other cities and counties in Ohio by passing protections for LGBT residents against housing and job discrimination.

Changes to Bowling Green’s anti-discrimination laws should have little impact on most residents, but they could make all the difference for some, said John Zan­fardino, a councilman representing the city’s 2nd Ward.

“To me, an ordinance like this is just a step of progress,” he said yesterday. “Whether it results in complaints or successful complaints, I think they’ll be minimal, but I think in Bowling Green there will be fewer examples of people being told, ‘We don’t rent to your kind.’”

After listening to residents’ comments for nearly two hours, city council late Monday night voted 7-0 to expand the list of protected classes in the city’s fair housing ordinance to include sexual orientation, gender expression, gender identity, and marital status, as well as military and veteran status, physical characteristics, and genetic information.

Foes of equality have filed a lawsuit challenging Cleveland’s recently enacted domestic partner registry.

A conservative legal group is suing the city of Cleveland over its domestic partner registry, claiming it violates the state constitution.

The Alliance Defense Fund said it filed the lawsuit on Wednesday on behalf of taxpayers. The alliance is also asking the court for preliminary and permanent injunctions to shut down the registry.

Cleveland’s domestic partner registry, which began operating in May, provides an official record of same-sex relationships for employers, hospitals and other establishments.

The PD takes a stand for equality by supporting the Equal Housing and Employment Act, currently pending before the Ohio House.

After a summer of often dysfunctional budgeteering in Ohio, it’s welcome news that state legislative leaders are focused on doing something this fall that should engage the best of both sides of the aisle: an overdue law banning discrimination on the basis of gender identity and sexual orientation in Ohio.

Ohio House Speaker Armond Budish, Democrat of Beachwood, says a floor vote on the bill is a top priority. Recent amendments may have softened earlier objections from Senate President Bill Harris, a Republican from Ashland, Harris’ spokeswoman told Plain Dealer reporter Aaron Marshall.

Such discrimination already is illegal where these two gentlemen work: The Ohio House and Ohio Senate both prohibit bias based on sexual orientation. It’s time to extend that prohibition throughout the state, as 21 other states have done. Many Ohioans will be shocked to learn it’s perfectly legal in most places in Ohio to fire someone based simply on his or her sexual orientation.

Another article outlining many of the problems with the federal government’s unfair “Don’t Ask, Don’t Tell” policy.

Lt. Col. ?Victor Fehrenbach is a supremely patient man.

He fulfills his mission every day, just as he has done for 18 years, never knowing when his Air Force job will finally be terminated by the infamous “Don’t Ask, Don’t Tell” policy.

“It will probably be October,” Fehrenbach estimated. “The process takes at least four months.”

Even his personal meeting with the commander in chief last month probably won’t save his job as an assistant director of operations for the 366th Operations Support Squadron at Mountain Home Air Force Base in Idaho. But it has left him hopeful: “President Obama looks you straight in the eye. I have full faith this is a priority to him and very personal to him. He has experienced discrimination in his own life.”

The city of Lima moves forward with plans to pass legislation to protect gays and lesbians from employment discrimination.

City Council went forward in guaranteeing city employees protection from discrimination based on sexual orientation Monday, authorizing legistation that should be ready for review next month.

The Charter Review Commission discussed protecting sexual orientation within the City Charter several times before ultimately deciding on a sweeping anti-discrimination policy that allowed both more flexibility to possible changes in state and federal law and kept the issue from becoming a potential sticking point when the Charter amendments are put to voters in November.

“I think this was a good resolution because it makes it law and it addresses the concern that the Charter Review Commission had that some voters might vote against the Charter changes just off this one issue,” said Councilman Tom Tebben. “I’m pleased with the way it’s playing out and I’ll be interested to see the legistaltion the law director comes back with.”

A Dayton man who was kicked out of the military after it was revealed he was gay, had the opportuniy to speak to President Obama about the need to repeal the nation’s unfair “Don’t Ask, Don’t Tell” policy.

Lt. Col. Victor Fehrenbach, the highly decorated Air Force aviator and Dayton native who protected Washington, D.C., in the days after Sept. 11 and helped U.S. forces take the Baghdad Airport in 2003, spent Monday, June 29, at the White House, trying to convince President Barack Obama to let him keep his job.

Fehrenbach joined about 250 to 300 members of the gay, lesbian, bisexual and transgender community as part of the 40th anniversary of the Stonewall protests in New York that are widely credited with galvanizing the gay rights movement in the United States. Fehrenbach spoke to Obama for about two minutes and asked that he repeal the military’s “Don’t Ask, Don’t Tell” policy — the very policy that has endangered Fehrenbach’s 28-year Air Force career.

“I didn’t let him go,” said Fehrenbach, who has received nine air medals, including one for heroism, and flown 400 combat hours.

Criticism of President Obama’s stand on LGBT rights intesified as the administration defended the federal Defense of Marriage Act in court.

The Obama administration responded Sunday to criticism of a Justice Department brief defending the federal Defense of Marriage Act (DOMA).

In an interview with Kerry Eleveld, gay monthly The Advocate’s Washington corresponded, posted on its website, John Berry, the highest ranking openly gay official in the Obama administration, responded to the LGBT community’s growing frustration with the administration.

Gay rights advocates were outraged Friday on news the Obama administration was defending the 1996 law that allows states to ignore legal marriage performed in other states and defines marriage as a heterosexual union for federal agencies. Bloggers called the move a broken promise, and took exception to the brief’s anti-gay tone.

The U.S. Supreme Court decided not to hear a challenge to the country’s discriminatory anti-gay policy in the military.

The Supreme Court on Monday agreed with the Obama administration and refused to review Pentagon policy barring gays and lesbians from serving openly in the military.

The court said it will not hear an appeal from former Army Capt. James Pietrangelo II, who was dismissed under the “don’t ask, don’t tell” policy.

The federal appeals court in Boston earlier threw out a lawsuit filed by Pietrangelo and 11 other veterans. He was the only member of that group who asked the high court to rule that the Clinton-era policy is unconstitutional.

“I think this decision is an absolute travesty of justice and I think every judge on this court should be ashamed of themselves,” said Pietrangelo, who served six years in the Army, seven years in the Vermont National Guard and fought in Iraq in 1991. “It’s nothing short of rubber stamping legalized discrimination, the same way Nazi Germany legalized discrimination against Jews.

While marriage equality in Ohio is years away, Mike Brickner, ACLU of Ohio communications director, explains that employment and housing protections may be close at hand.

Over the past few weeks, many activists have watched with interest as Maine, Iowa and Vermont have affirmed that same-sex couples should have the same rights to marriage as heterosexual couples. In other states, such as New York and New Hampshire, legislatures are considering similar measures that may become law soon.

The spotlight this week shifted to the decision by the California Supreme Court to uphold Proposition 8, narrowly passed by voters last November. The state constitutional amendment banned same-sex marriage in California after it had been declared legal by the state Supreme Court in May 2008. However, the 18,000 gay and lesbian couples who married before Proposition 8 passed are permitted to remain legally married.

The decisions to ban same-sex marriage in California and extend equal marriage rights in other states have energized many activists across the country, including in Ohio. Tens of thousands of advocates nationwide have gathered over the past several months to protest or celebrate these recent decisions.

More and more gay and lesbian Americans are clamoring for equality and wondering just how much longer it will be until all states extend full rights to all people.

For many in the Buckeye State, marriage equality may seem like a distant fantasy — something maybe their great grandkids will see, but not something that will happen in their lifetime. Just five years ago Ohio passed the Defense of Marriage Act, which prohibits recognition of same-sex marriages in the state. Also in 2004, Ohioans passed a constitutional amendment that forbids same-sex marriage.

Given these laws, it seems unlikely that Ohio will extend marriage equality to all its residents anytime soon.  However, there is still important work to be done today to move the state in the direction of equality. Ohio lacks even the most basic protections to prohibit discrimination based on sexual orientation.

Currently, the Ohio House is considering House Bill 176, the Equal Housing and Employment Act. It would prohibit employers and housing officials from discriminating against someone because of their sexual orientation or gender identity. This bill would not grant special rights to these groups — it would ensure they are treated the same way any other Ohioan expects to be treated by a boss or landlord.

The bill would expand the 2007 executive order of Gov. Ted Strickland that protects state employees from discrimination to include private employees as well.

While marriage equality can often be a controversial subject for many Americans for a variety of reasons, most people are hard-pressed to justify firing a person simply because of who he or she dates in their personal life.  Recent polling suggests that nearly three-quarters of Ohioans believe that no one should be fired from their job or forced from housing because of their sexual orientation or gender identity.

Leading Ohio businesses have also taken a stand against employment discrimination. Companies such as Big Lots, Abercrombie & Fitch, KeyCorp and Goodyear Tire & Rubber have all adopted non-discrimination policies for lesbian, gay, bisexual and transgender employees.

While it is encouraging that these companies have taken the lead in ensuring equality for all their employees, not all Ohioans are fortunate enough to work for a company that has taken this step. With so many businesses that stress fairness for LGBT employees, Ohio’s lack of protections could impede their ability to attract progressive corporations in the future.

By recognizing every person’s basic right to fair housing and employment, Ohio would take a momentous step forward towards extending full rights to all.

Few could have imagined after the heartbreaking losses in 2004 that our state would consider adding any protections for gays and lesbians just five short years later. While marriage equality will be an uphill battle in Ohio, providing these basic protections is critical in establishing that all people are entitled to the same rights provided by the Constitution.

Celebration is in the air as Cleveland’s domestic partner registry becomes a reality.

A festive atmosphere built through the day at Cleveland City Hall on Thursday as a steady stream of couples used the first chance to register as domestic partners. The registry opened to both opposite- and same-sex couples, but a noontime rally on the City Hall steps made it clear the day carried particular meaning for the gay and lesbian community.

“It’s about protection,” said Angel Hill, 40, who registered with her female partner Ovettajoi Dixon, 34. “We want to protect each other, just as a heterosexual couple would. And I completely love her.”

“Today Cleveland has joined with a movement,” said rally organizer Sue Doerfer, executive director of the Lesbian Gay Bisexual Transgender Community Center of Greater Cleveland. “Equality is spreading much more quickly than the swine flu.”

The ACLU of Ohio applauds the legalization of same-sex marriage in Maine.

Same-sex marriage became legal in Maine on Wednesday as Gov. John Baldacci signed a bill less than an hour after the state legislature approved it.

“I have come to believe that this is a question of fairness and of equal protection under the law and that a civil union is not equal to civil marriage,” said Baldacci, a Democrat.

Columnist Deb Price tackles the perrenial problem of gay couples being denied entrance into school proms and mentions the ACLU of Ohio’s recent victory in Louisville.

[…]

Last weekend was also prom for Louisville High School in Louisville, Ohio. A gay senior had been told by school officials that “it has always been a tradition that prom is an event made for couples of the opposite sex.” The ACLU intervened, and the school backed down.

If you are a gay teen being told you can’t take the date of your choice to the prom, the ACLU has a letter that you can print out and hand to your principal to explain your legal rights. (Go to aclu.org/lgbtprom.)

[…]

Such prom-like parties are a great idea. But a school prom is a unique rite of passage. No student who wants to go should miss out.

If you are a straight high school student with a scared or shy gay friend, embrace Brittany as your role model: Take the ACLU letter to school officials and insist that gay couples be welcome at your prom.

The GPC reports on a talk by ACLU LGBT Project Director Matt Coles regarding the future of gay rights in America.

“Changing the way people think is as important as changing the law,” according to Matt Coles, who directs the American Civil Liberties Union’s Lesbian, Gay, Bisexual, Transgender and AIDS Project.

Coles spoke to nearly 50 future lawyers and community activists on the Ohio State University campus April 16. Most of his audience attends OSU’s Moritz College of Law or Capital University Law School.

The event was sponsored by Moritz Outlaw, the LGBT student group.

Coles is one of the most influential attorneys and strategists in the LGBT movement, having worked at it more than 30 years. He has been at the ACLU since 1995, serving as a lead attorney in the landmark Romer v. Evans case before the U.S. Supreme Court in 1996–the first pro-LGBT ruling the high court ever handed down, and the basis for the 2003 Lawrence v. Texas.

Fox 8 also produced an excellent story on Louisville’s recent reversal of a decision to bar same-sex couples from Prom. Check out their video!

Louisville High School is holding its annual senior prom this Saturday. One student was told he couldn’t go because his date was of the same sex.

The American Civil Liberties Union of Ohio got involved and sent a letter to the school saying the student’s rights have been violated.

Carrie Davis, a staff attorney at the ACLU, told FOX 8: “There have been a number of cases where this has happened before and the courts have said that a student has to be allowed to bring the date of their choice to their prom, that that’s protected under the first amendment right to free association and freedom of expression.”

Lousiville High School officials will now allow same-sex couples to attend prom on April 24.

Under pressure from the American Civil Liberties Union of Ohio, Louisville High School has reconsidered its refusal to allow a gay couple to attend prom.

In a letter the ACLU of Ohio sent to the school Tuesday, it states the school’s principal, two assistant principals and prom adviser refused a student’s request to bring a guest of the same sex to prom Saturday.

“This is a clear case of discrimination simply because these young people are gay,” said Carrie Davis, staff attorney for the ACLU of Ohio. “Many schools permit groups of students of the same sex to attend proms if their relationship is platonic, but Louisville officials have banned this student because he is in a same-sex relationship. Students should be free to bring whomever they choose as a guest to the prom.”

The Butler County Prosecutor correctly identifies the inherent problems with favoring married people over unmarried people in adoptions.

State law doesn’t allow for a proposed Butler County Children Services policy that would give preference in adoption placement to married couples, according to an opinion from the Butler County Prosecutor’s Office.

State law outlines the preferential order to be given to potential adoptive parents. It gives preference first to adult relatives of the child or someone named by the birth mother, then the child’s foster caregiver, then other suitable prospective families.

The local policy — created by former agency director Michael Fox then suspended by commissioners pending legal review — mirrors this list, with one exception.

Another article on the continuing saga over whether Butler County will have a policy that favors married couples in adoptions.

More than a month after a controversial Butler County adoption policy surfaced that gives preference to married couples, the fate of that rule remains in limbo.

Since news of the policy emerged in early March, an emotional debate has erupted between those who adamantly support the rule and others who say it’s unfair.

An Oxford man brought an 88-signature petition in favor of the policy to commissioners last month. A week later, a Liberty Township woman collected more than 400 names of people she said opposed the rule.

The Daily Kent Stater writes about the struggle for equal rights in the United States.

This editorial is about civil rights. It’s about equality. It’s about compassion.

The Vermont legislature voted yesterday to make gay marriage legal, becoming the fourth state to allow it. Iowa’s Supreme Court ruled it legal Friday, and it was already legal in Massachusetts and Connecticut.

People are finally coming to their senses. They’re beginning to recognize that denying a United States citizen any right that the rest have is unacceptable. That just four out of 50 states allow a right most of the population takes for granted is a crime. It’s plain discrimination.

Following Massachusetts, Connecticut, and Iowa, Vermont has become the fourth state to legalize gay marriage.

MONTPELIER, Vt. (AP) — Vermont has become the fourth state to legalize gay marriage — and the first to do so with a legislature’s vote.

The Legislature voted Tuesday to override Gov. Jim Douglas’ veto of a bill allowing gays and lesbians to marry. The vote was 23-5 to override in the state Senate and 100-49 to override in the House. Under Vermont law, two-thirds of each chamber had to vote for override.

In a unanimous decision, the Iowa Supreme Court held that the state’s statute barring same-sex marriage violates the equal protection clause of the Iowa Constitution.

Read the decision here.

Iowa’s Supreme Court struck down the state’s ban on gay marriage, saying the provision violates the constitutional rights of gay and lesbian couples.

[…]

The decision makes Iowa the first state in the Midwest and the third in the nation to legalize gay marriage. Massachusetts and Connecticut permit same-sex marriage; California did briefly before voters passed a ban in November.

[…]

Check out this column about a recent court case the ACLU won establishing the federal government unfairly discriminated against a woman because she is transgender.

Baby boomers will remember that many years ago, Bob Dillon sang the times they are a-changin’. Although we joined in enthusiastically, I doubt if any of us could have anticipated how the workplace would be a-changin’ in the 21st century. In today’s work world, employers are continually challenged to keep pace with technology, a dipping economy, a global market place, and ever-evolving and sometimes conflicting employment laws, regulations and court decisions.

One such court decision went against the Library of Congress. Although the decision is controversial, it likely provides a sneak peek into our future employment practices. The U.S. District Court for the District of Columbia found that the library discriminated against a perspective job applicant when it failed to hire her because she had undergone a sex change operation - from male to female. According to the judge, evidence demonstrated that the Library was originally enthusiastic about hiring David Schroer - until she disclosed her transexuality.

ACLU Volunteer Attorney Scott Greenwood is quoted in this article about unfair polcies preferring married over single people in adoption cases.

CINCINNATI — Child-welfare organizations and the American Civil Liberties Union are criticizing an Ohio county’s adoption and foster parent policy that gives preference to married couples.

[…]

Scott Greenwood, an Ohio attorney and a general counsel for the ACLU, said Butler County’s policy seems to go beyond hostility to gay people by also favoring married couples over unmarried heterosexuals.

“This agency certainly should recognize that married couples don’t automatically provide the stability or even safety for children in adopted or foster care,” said Greenwood, referring to the case of Marcus Fiesel.

Fiesel, a 3-year-old Butler County boy, died in 2006 after his foster parents, who were married, left him bound inside a closet for two days.