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Valley musician's family set for Supreme Court showdown
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Pam Politsky of Warren holds a photo of her daughter, Kelly McCracken, right, and McCracken’s wife, Kelly Noe. Noe and McCracken, who lived most of her life here in the Valley before relocating to the Cincinnati area, are involved in the same-sex marriage case the United States Supreme Court will hear this year. The court will decide whether Ohio’s ban on recognizing same-sex marriages violates the U.S. Constitution.
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Kelly McCracken, 32, her wife Kelly Noe, 32, pose with their daughter Ruby Noe-McCracken, 7 months, at their home in the Cincinnati area, on Sunday, Jan. 11, 2015. McCracken and Noe were married in 2011 in Provincetown, Massachusetts. (Sam Greene/SGdoesit.com for Lambda Legal)
By JORDYN GRZELEWSKI
jgrzelewski@vindy.com
WARREN
Valley residents might recognize Warren native Kelly McCracken as the lead singer of the local band The Kellys.
In April, McCracken will take the national stage: She and other petitioners are taking the same-sex marriage fight to the U.S. Supreme Court.
The outcome of the case will determine whether Ohio, Kentucky, Tennessee and Michigan legally can ban same-sex marriage.
McCracken, 32, who now lives in a northern Kentucky suburb of Cincinnati with her wife, Kelly Noe, 32, and 9-month-old daughter Ruby, got involved with the case after she had to fight to get her name on Ruby’s birth certificate because Ohio does not recognize the couple’s marriage.
“We feel pretty discriminated against in our own state, I won’t lie,” McCracken said in an email.
“We love each other and our daughter so much, and all we want is to be able to live our life knowing that our family is accepted and that we have the same rights as any other family in America,” she said.
THE CASE
In 2013, the Supreme Court struck down part of the Defense of Marriage Act, thereby removing any federal obstacles to same-sex marriage. Now the Supreme Court will hear arguments for a bundle of cases from those four states with same-sex marriage recognition bans.
Ohio implemented its same-sex marriage ban in 2004 after a statewide referendum, and a 6th U.S. Circuit Court of Appeals panel upheld all four states’ bans in a November 2014 decision.
The Supreme Court will hear two Ohio cases: Obergefell v. Hodges, and Henry v. Hodges.
McCracken and Noe are petitioners in the Henry case, the basic argument for which is that Ohio’s ban on recognizing same-sex marriage violates the 14th Amendment’s Due Process and Equal Protection clauses.
In a petitioners’ brief filed Feb. 27, attorneys with Cincinnati law firm Gerhardstein & Branch Co., Lambda Legal Defense and Education Fund Inc. of New York and the American Civil Liberties Union Foundation of New York wrote: “Petitioners married seeking a cherished status that protects families throughout life, from cradle to grave. But Ohio refuses to respect the dignity and status conferred on Petitioners’ marriages by other states. From the start of the marriage to the birth of children to the death of one spouse and beyond, Ohio erases the legal relationships of Petitioners’ families.”
“Through its marriage recognition bans, Ohio strikes out at a class of individuals whose intimate, personal relationships have been afforded a solemn and special status by other states — men and women who love and marry a person of the same sex,” the brief continues.
If the country’s highest court sides with petitioners, same-sex marriage will be legal in more than 40 states. A decision is expected sometime in early summer.
THE KELLYS
McCracken comes from a tight-knit Warren family.
She grew up there, then in seventh-grade moved to Mecca Township, where she attended and graduated from Maplewood schools. She later moved back to Warren, where most of her family, including her mother, stepfather and father, still live. She attended Youngstown State University.
The Kellys — the band — started in 2003 with McCracken as the lead singer and songwriter, and the group, known for its indie rock originals, gained a large local following.
The Kellys — the couple — met in 2006. They kept in touch and in 2010, Noe, originally from Kentucky, relocated to Warren.
The couple married in Massachusetts in 2011, then moved to Cincinnati about two years ago. Noe works at Cincinnati Children’s Hospital and as a birth doula — someone who provides childbirth support. McCracken works at a natural pet-food store and remains active in the music scene.
The two decided to start their family in 2013, and Noe became pregnant via artificial insemination. Before Ruby was born, McCracken started the process of trying to get her name on the birth certificate.
“Because we would have to be recognized as a married couple to even be considered for the birth certificate, it evolved into a larger case of marriage equality,” McCracken explained.
“I might add that straight couples don’t have to be ‘married’ to both be on the birth certificate. Hell, the ‘father’ doesn’t even have to be the child’s actual father! But because he’s male, there is no question. It’s a shame,” she said.
McCracken’s name is now listed on Ruby’s birth certificate, but that could change depending on the outcome of the case.
“It’s very important to us to have both of our names on the birth certificate because I want Ruby to know that she has two parents who love her, and her family is no different than any other family out there,” she said. “She just has two moms. ... That’s just how it is, and she shouldn’t feel like she’s segregated because of it. Also, if we’re both on her birth certificate, then there is no question if there is an emergency or a hospital visit.”
When McCracken and Noe contacted their civil-rights attorney about the issue, he told them about the same-sex marriage case he was putting together with a few other couples.
“Of course we said we would love to be a part of it,” McCracken said.
“If the Supreme Court rules in favor of gay marriage, it will change lives across the board. ... It will go down in history as a human-rights movement,” she said.
THE COMMUNITY
Many people in the community know about McCracken’s case, and for the most part have been supportive, McCracken and her family say.
“People don’t make as big a deal out of it as they used to. People think it’s fair and right and just that people who love each other should be together — period,” said Larry, McCracken’s father.
Most politicians who represent the area support same-sex marriage: U.S. Rep. Tim Ryan of Howland, D-13th, and U.S. Sens. Rob Portman and Sherrod Brown support it. U.S. Rep. Bill Johnson of Marietta,
R-6th, does not.
One local group that supports McCracken is Pride Youngstown, which organizes an annual LGBT pride festival.
“Youngstown’s a fighter, and I’m not surprised that somebody from this area is also a fighter,” said Atty. Kim Akins of Youngstown, co-founder of Pride Youngstown.
“Every place that this case has been argued, the argument against gay marriage has pretty much been the same: tradition, states’ rights and ‘it offends our populace.’ None of those are good arguments. None of those are great arguments about how our government should treat its citizens,” said Akins.
The religious community supports the tradition viewpoint.
The Diocese of Youngstown’s position on the issue is that same-sex marriage represents a further erosion of marriage and family life that is detrimental to children’s well-being.
“Marriage needs to be strengthened, not redefined,” said David Schmidt, director of the diocese’s office of pro-life, marriage and family life. “We’re prepared for whatever the Supreme Court decides. But even if the Supreme Court decides that two men or two women being married is equal to one man and one woman being married, there’s always going to be a difference — procreation.”
Schmidt stressed that the church is not discriminatory, saying, “I think the church is tolerant of people with a wide variety of views. ... But the church doesn’t necessarily endorse certain kinds of actions. ... To disagree with someone is not to be intolerant.”
The negativity that McCracken’s family faces can be discouraging, they said.
“It kills me. I feel terrible. I feel awful that she has to go through this,” said Pam Politsky, McCracken’s mother. “She has this immense joy of having a family. We have strong family ties, all of us here, our families mean everything to us, and she has a family now, and it should just be natural and recognized.”
“As a parent, my life is Kelly’s happiness. Whatever makes Kelly happy makes me happy,” said Larry.
Shiloh Hawkins and Jolene Marcello, family friends who are both gay, said McCracken’s fight is their fight, too.
“I think that Kelly and Kelly, as well as the rest of the LGBT community, are just so deserving of this,” Hawkins said. “The two Kellys are the voice for me, for so many people, for everybody in this community.”
“I think the bottom line is — with her, and all of us — we just want equality,” Marcello said. “We’re not looking for any special treatment. We’re just looking for the same treatment. The same as everybody else.”