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: , , ,


Sign up for the Daily Update email
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

  • Another inmate death at Brickeys unit

    The Correction Department has reported another unnatural death at the Brickeys Unit, the seventh not attributed to natural causes this year at the Lee County prison.
    • May 25, 2018
  • PS: Casino amendment includes sports betting

    A casino gambling amendment now cleared for the gathering of petitions to qualify for the ballot could bring sports wagering to casinos if approved.
    • May 24, 2018
  • An open line and daily news summary

    Here's the daily roundup of news and comment, plus your opportunity at an open discussion.
    • May 24, 2018
  • More »

Readers also liked…

  • Arkansas: Land of .......

    Welcome to Arkansas: Land of cowardly politicians, discriminatory laws, inhumane turkey drops and lots and lots of Trump voters.
    • Oct 8, 2016
  • The inspiring Hillary Clinton

    Hillary Clinton's campaign for president illustrates again the double standard applied to women. Some writers get it. They even find the supposedly unlikable Clinton inspiring.
    • Oct 16, 2016
  • Your daily dose of Jason Rapert

    Sen. Jason Rapert really, really didn't like it when a KATV reporter asked him about the hypocrisy of his political arguments.
    • Feb 4, 2017

Most Recent Comments

Slideshows

 

© 2018 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation