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

  • TGIF open line

    Another week done. Today's video roundup leads with the looming government shutdown.
    • Jan 19, 2018
  • Former legislator arrested for theft

    The Texarkana Gazette reports that Fonda Hawthorne, who served one term in the state House as a Democrat from Ashdown in 2013 and 2014, was arrested this week for theft — making some $16,000 in questionable charges on the debit card of the Little River Chamber of Commerce, of which she is executive director.
    • Jan 19, 2018
  • Legislative Council approves dicamba ban

    The Legislative Council today signed off without discussion on a Plant Board rule to ban the use of the herbicide dicamba between April 16 and Oct. 31.
    • Jan 19, 2018
  • More »

Readers also liked…

  • The long and winding road: No exception yet for 30 Crossing

    The Arkansas highway department's representative on the Metroplan board of directors told the board today that the department is requesting an exception to the planning agency's cap on six lanes for its 30 Crossing project to widen Interstate 30 from six to 10 (and more) lanes.
    • Jun 29, 2016
  • El Dorado challenges state Board transfer decision; raises broad question about 'choice' vs. segregation

    The El Dorado School District HAS gone to federal court in response to the state Board of Education's approval, over El Dorado's objection, of the transfer of a white student from El Dorado to the majority white Parkers Chapel School District.
    • Aug 18, 2016
  • Satanic Temple: Make Rapert pay for Ten Commandments monument

    A petition drive has begun to encourage a demand that Sen. Jason Rapert pay for the legal fees in defending his Ten Commandments monument proposed for the state Capitol grounds. It's more work by the Satanic Temple, which has fought church-state entanglement around the country.
    • Aug 28, 2016

Most Shared

Most Viewed

Most Recent Comments

 

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