Main | Monday, April 14, 2014

OHIO: Federal Judge Rules That State Must Recognize Out-Of-State Marriages
UPDATE: Ruling Is Stayed Pending Appeal

The expected ruling in Ohio was issued today. Via press release from Freedom To Marry:
Today U.S. District Judge Timothy Black struck down part of a constitutional amendment in Ohio that denies gay couples the freedom to marry and withholds legal respect for gay couples who have gotten married. He ordered the state to treat couples married elsewhere like any other couples who marry out of state -- as married. Evan Wolfson, president of Freedom to Marry, released the following statement: “Couples who are married should be treated as married no matter where they are in the country, including Ohio. Couples should not have to play 'now you're married, now you're not' as they travel, work, move, or return home. This is a good day for families and businesses in Ohio, and a good day for the Constitution and America."
Last Monday hate group leader Brian Brown posted his boilerplate sadz reaction in anticipation of today's ruling.

UPDATE: The judge has stayed his ruling pending an appeal.
In an unusual move, Black stayed enforcement of his order pending appeals to his court, the 6th U.S. Circuit Court of Appeals and the U.S. Supreme Court. He ordered the attorneys for the four same-sex couples involved in the case to file a response today and the state to file by 3 p.m. Tuesday on whether that stay should stand. “The court shall rule expeditiously,” he said, but noted he is inclined to remove the stay on just the four couples.

The case decided today involves Ohio rules about whose name can go on Ohio birth certificates when legally married gays adopt a child. The state does not allow both partners to be listed on the birth certificate. Attorney General Mike DeWine will appeal the order and ask that overall stay remain in place, spokesman Dan Tierney said. However, DeWine will not appeal the lifting of the stay for the four couples involved, he said. That means if Black lifts the stay, those four couples would be allowed to proceed with the birth certificate process – and state would be compelled to allow it.

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