By Steve Kemme
The Cincinnati Enquirer
HAMILTON - A legal case involving a lesbian couple who wanted to share a last name has become a focal point of the race for a new Butler Common Pleas judge's seat.
As a magistrate in Butler County Probate Court, Charles Pater denied the name change to the lesbian couple. Probate Judge Randy Rogers upheld the decision, but the Ohio Supreme Court reversed it.
Mr. Pater's opponent in the race, Farrell Goodman, said he's appalled that in Mr. Pater's written decision, he mentioned "divine edict" as part of the basis for his ruling.
"That indicates to me that he lets his own personal religious beliefs get in the way of following the statute," Mr. Goodman said.
He said he's concerned Mr. Pater would allow his religious beliefs to interfere with legal judgments.
Mr. Pater strongly denies that he allowed his religious beliefs to play an inappropriate role in his decision in any case.
"I absolutely do not override statutes because of my religious beliefs," he said. "I attempt to adjudicate cases on the basis of law and don't try to create new laws when I think it should be otherwise."
He said Mr. Goodman misrepresented his decision in the name-change case.
Mr. Pater said the "divine edict" reference in his written decision was part of a quote from a historical legal treatise that's widely used in American law.
Although judicial races are non-partisan, the Republican Party has endorsed Mr. Pater, and the Democratic Party has endorsed Mr. Goodman.
Mr. Goodman, 44, of Fairfield, was a trial attorney for 17 years and now works as an attorney-editor for Anderson Publishing Co. of Cincinnati, which publishes the Ohio Revised Code online. He said his experience as a trial attorney has prepared him for the bench.
Mr. Pater, 52, of Fairfield, has been a probate court magistrate for five years. Before that, he had his own law practice and was a county assistant prosecutor for three years.
"My main advantage over my opponent is that I've been deciding cases for five years," he said. "I believe I've developed a reputation in probate court as a hardworking, knowledgeable and fair magistrate."
E-mail skemme@enquirer.com
