A decision for marriage equality in a federal court in Ohio | Arkansas Blog

Tuesday, July 23, 2013

A decision for marriage equality in a federal court in Ohio

Posted By on Tue, Jul 23, 2013 at 9:28 AM

cinncy.JPG
An Ohio federal judge has legally recognized the Maryland marriage of an Ohio gay couple, one terminally ill, in a Cincinnati lawsuit.

Jim Obergefell made the case Monday in federal court as to why he believed the state law that does not recognize his marriage should be struck down. With his lawyer at his side, Obergefell told Judge Timothy Black his husband and the man he has been with for more than 20 years is dying.

"He could die any day now. ALS has robbed him of every physical capability. He will die soon...He deserves to die knowing I'm being treated, he's being treated the same as every other couple in the state," said Obergefell in court.

The couple was married after a medical flight to Baltimore for a brief ceremony.

Here's the judge's ruling in issuing a temporary restraining order so that John Arthur's death certificate will say he was married. You may substitute the word Arkansas in the first paragraph without doing harm to the facts.

This is not a complicated case. The issue is whether the State of Ohio can discriminate against same sex marriages lawfully solemnized out of state, when Ohio law has historically and unambiguously provided that the validity of a marriage is determined by whether it complies with the law of the jurisdiction where it was celebrated.

The judge cites the recent ruling, the Windsor case from New York, that struck down a major portion of the federal Defense of Marriage Act. That ruling is one of the key elements in a pending federal case with married plaintiffs in Arkansas.

While the holding in Windsor is ostensibly limited to a finding that the federal government cannot refuse to recognize state laws authorizing same sex marriage, the issue whether States can refuse to recognize out-of-state same sex marriages is now surely headed to the fore. Indeed, just as Justice Scalia predicted in his animated dissent, by virtue of the present lawsuit, “the state-law shoe” has now dropped in Ohio.

Judge Black is an Obama appointee, but was recommended for nomination by a bipartisan commission after service as a magistrate judge.

Tags: , , ,

From the ArkTimes store

Favorite

Comments

Showing 1-1 of 1

Add a comment

 
Subscribe to this thread:
Showing 1-1 of 1

Add a comment

More by Max Brantley

  • Sunday and another open line

    Got anything for the open line?
    • Jul 23, 2017
  • But what about the Clintons? Last refuge of Trump, New York Times

    Trying to compare Donald Trump's reaction to the Russia investigation with Bill Clinton's dealings with Kenneth Starr should be a non-starter if the facts mattered. But these days — and to the New York Times — it ain't necessarily so.
    • Jul 23, 2017
  • Football is king, Bentonville edition

    Good analysis in the Northwest Arkansas Democrat-Gazette of an unannounced Bentonville School Board vote last week to put $2 million into a football stadium for West High School despite board assurances in last May's tax election that no money would go to a football stadium.
    • Jul 23, 2017
  • More »

Readers also liked…

  • Jason Rapert vs. Wikipedia

    Sen. Jason Rapert against the world: Wikipedia edition.
    • Jan 23, 2016
  • Auditor Lea caught not telling the truth

    State Auditor Andrea Lea, who began her tenure in statewide office with a degree of competence unseen in some other Republican counterparts (think Treasurer Dennis Milligan particularly), is becoming more deeply mired in a political scandal.
    • Mar 4, 2016
  • Another Republican miracle-working governor

    Great piece in Washington Post on the budget crisis in Louisiana. Big tax cuts and corporate welfare will do that to a state, particularly to a state whose previous governor, Republican Bobby Jindal, refused to join the Obamacare-funded Medicaid expansion. There's a lesson there for Arkansas.
    • Mar 4, 2016

Most Shared

  • So much for a school settlement in Pulaski County

    The Arkansas Democrat-Gazette's Cynthia Howell got the scoop on what appears to be coming upheaval in the Pulaski County School District along with the likely end of any chance of a speedy resolution of school desegregation issues in Pulaski County.
  • Riverfest calls it quits

    The board of directors of Riverfest, Arkansas's largest and longest running music festival, announced today that the festival will no longer be held. Riverfest celebrated its 40th anniversary in June. A press release blamed competition from other festivals and the rising cost of performers fees for the decision.
  • Football for UA Little Rock

    Andrew Rogerson, the new chancellor at UA Little Rock, has decided to study the cost of starting a major college football team on campus (plus a marching band). Technically, it would be a revival of football, dropped more than 60 years ago when the school was a junior college.
  • Turn to baseball

    When the world threatens to get you down, there is always baseball — an absorbing refuge, an alternate reality entirely unto itself.

Most Viewed

  • Sunday and another open line

    Got anything for the open line?
  • Football is king, Bentonville edition

    Good analysis in the Northwest Arkansas Democrat-Gazette of an unannounced Bentonville School Board vote last week to put $2 million into a football stadium for West High School despite board assurances in last May's tax election that no money would go to a football stadium.
  • But what about the Clintons? Last refuge of Trump, New York Times

    Trying to compare Donald Trump's reaction to the Russia investigation with Bill Clinton's dealings with Kenneth Starr should be a non-starter if the facts mattered. But these days — and to the New York Times — it ain't necessarily so.

Most Recent Comments

  • Re: Sunday and another open line

    • Well, Olphart, as usual, stimulated my thinking. I've heard "jackleg preacher" most all my life…

    • on July 23, 2017
  • Re: Sunday and another open line

    • Thanks for checking in, CBB. Hope you can get your blood pressure problems worked out…

    • on July 23, 2017
  • Re: Sunday and another open line

    • cbb, you and Olphart need to get on the mend. That's an order!

    • on July 23, 2017

Blogroll

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation