Ohio must recognize marriage of same-sex couple, federal court rules

CLEVELAND Tue Sep 3, 2013 8:54pm EDT

A gay couple holds hands during a rally in support of the United States Supreme Court decision on marriage rights in San Diego, California June 26, 2013. REUTERS/Mike Blake

A gay couple holds hands during a rally in support of the United States Supreme Court decision on marriage rights in San Diego, California June 26, 2013.

Credit: Reuters/Mike Blake

CLEVELAND (Reuters) - For the second time in two months, a Cincinnati federal judge granted an order allowing the out-of-state marriage of a gay couple to be recognized in Ohio even though the state bans same-sex marriages.

U.S. District Judge Timothy Black on Tuesday issued a temporary restraining order allowing David Michener of Cincinnati to be listed as "spouse" on the death certificate of his husband, William Herbert Ives, who died last week. The couple was married in Delaware this past summer.

In July, Judge Black had granted a temporary order allowing James Obergefell the right to be listed as "spouse" on John Arthur's death certificate after Obergefell and Arthur were married in Maryland.

Arthur suffers from amyotrophic lateral sclerosis (ALS), a terminal disease and is not expected to live long, according to court documents. Obergefell had sued the state, challenging as unconstitutional a law defining marriage as being only between a man and a woman.

The rulings by Black represent a victory for same-sex couples in a state where voters in 2004 restricted marriage to between a man and a woman. Thirteen states and the District of Columbia allow gay and lesbian marriage.

In making his ruling on Tuesday, Black cited the U.S. Supreme Court's June decision striking down a key part of the 1996 federal Defense of Marriage Act that defines marriage as between a man and a woman.

"The issue whether states can refuse to recognize out-of-state same sex marriages is now surely headed to the fore," Black wrote.

Michener and Ives, the Cincinnati couple, had been together for 18 years and adopted three children before they were married in Delaware on July 22, according to court documents. Ives died unexpectedly on August 27 and is scheduled to be cremated on Wednesday.

Oral arguments in the case are schedule to be heard in December.

Views on gay marriage in Ohio are changing rapidly, especially among the young. An April 2013 Quinnipiac University poll showed that 48 percent of Ohio voters - and 68 percent of those between the ages 18 and 34 - supported same-sex marriage.

An Ohio group, Freedom to Marry, announced in April a plan to bring an amendment allowing two individuals to marry regardless of gender to the Ohio ballot in 2014.

(Reporting by Kim Palmer; Editing by Mary Wisniewski and Lisa Shumaker)

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Comments (3)
FRPSR wrote:
The difficulty for those who say one thing and do another is especially prominent amongst the sanctimonious bible smacking elites . These self appointed guardians of public weal or , morality , prefer to suffocate rather than educate . If the owners of popular books read them instead of cherry picking through them , imagine the deathly pallor of the newly disappointed avatars who in heralding prohibition , discover just how twisted and horrifying their proscriptions are in balance with their suppressions . Easily found in black and white , but difficult to face when they have staked their phony evidence , and blood curdling , pompous claims , in the popular books they purport to “understand” .
Upton Sinclair was run on a rail by these same self aggrandizing “elite” when he ran for governor in California . Still Mr Sinclair understood these folks better yet than they do today , β€œIt is difficult to get a man to understand something, when his salary depends on his not understanding it.”
― Upton Sinclair , I , Candidate for Governor: And How I Got Licked .
It still matters who controls the organs of information , and when they fail to rise above petty partisanship we call them , “Propaganda” .

Sep 04, 2013 6:54am EDT  --  Report as abuse
ErnestPayne wrote:
As I recall the noted author Lafcadio Hearn broke the law in Ohio (ca. 1875) by marrying a black woman. Apparently little or nothing has changed when it comes to tolerance in Ohio.

Sep 04, 2013 10:12am EDT  --  Report as abuse
lemonfemale wrote:
I don’t believe the judge is correct and I say that as a strong supporter of gay marriage. The Court struck DOMA meaning the Fed must recognize gay marriages that are legal in the state the marriage took place in. States have historically been required to recognize valid marriages from other states BUT the state may void by statute certain marriages and these they need not recognize. There is a Supreme Court case on this. If Ohio has language voiding gay marriage, they need not recognize it.

Sep 04, 2013 2:36pm EDT  --  Report as abuse
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