Note to State: Erase Ambiguity on Tacit Precedent

Ohio has just recently put an unwanted distinction to rest. Familiar with the 14th Amendment? While only three-fourths of the states need ratify any Constitutional amendment, the political liability of rejecting the rights of all citizens is not exactly a symbol of progressivity these days. Who can we thank for the non-approval status? For the record, those responsible weren't from the party of Lincoln:

The Ohio General Assembly originally ratified the amendment in 1867, but after Ohio voters later that year defeated a referendum to give African-Americans the right to vote, a newly elected Democratic-controlled Legislature rescinded Ohio's ratification in 1868.


Ultimately, the retraction may not have mattered:

Legal historian Michael Benedict said Ohio lawmakers' vote to rescind the amendment in 1868 was legally meaningless.

"A state cannot unratify, cannot change its decision to ratify a constitutional amendment," said Benedict, an Ohio State University history professor.


But politics are politics - and gestures, especially this one, are meaningful. Thankfully, a modern-day Democrat helped to undo the embarrassment:

After students researched the votes that led to the ambiguity about Ohio's position on the 14th Amendment, they worked with Cincinnati City Council Member John Cranley, a co-director of the Urban Justice Institute, to get [Mark Mallory, D-Cincinnati] involved.

With Mallory as chief sponsor, legislation was introduced in both houses of the General Assembly to ratify the amendment, which passed the Senate in February and the House in March, though not without controversy.


A couple of Republicans notably opposed the measure on esoteric grounds of the legal interpretations equal protection has driven over the years, culminating in one "Nay" vote in the House. That's a bit like arguing that the swastika can be revived as to its Christian iconic origins - even if such a thing weren't universally misunderstood, for goodness' sakes, leave the awful thing alone. The 14th Amendment's original intention far outweighs any controversy it has contributed to since.

So with the ratification, Ohio - an Abolitionist state - can quietly take its proper place.

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