Couple wins lawsuit over recognition of same-sex marriage in OH - 19 Action News|Cleveland, OH|News, Weather, Sports

Local couple wins same-sex marriage lawsuit

Posted: Updated: July 22, 2013 07:36 PM
A painting of the couple who filed the federal lawsuit, provided by their attorney. A painting of the couple who filed the federal lawsuit, provided by their attorney.

A judge has ruled in favor of two Ohio men in a federal lawsuit alleging Ohio violates the U.S. Constitution by denying legal recognition to same-sex couples married in states where gay marriage is legal.

James Obergefell and John Arthur of Cincinnati filed the lawsuit Friday in Cincinnati against Ohio's governor, attorney general and the Cincinnati health department registrar who files death certificates.

The lawsuit states the men married in Maryland, which recognizes gay marriages, and want the court to rule Ohio's law and constitution violate their rights including equal protection. 

Arthur suffers from ALS, also known as Lou Gehrig's Disease. The couple wanted Arthur's eventual death certificate to show his status as married.

U.S. District Court Judge Timothy S. Black ruled in favor of the two plaintiffs on Monday, granting their motion for a temporary restraining order. The ruling reads in part, "A marriage solemnized outside of Ohio is valid in Ohio if it is valid where solemnized."

In other words, out-of-state marriages of minors are recognized in Ohio, even though Ohio law does not authorize marriages of minors.

"How then can Ohio, especially given the historical status of Ohio law, single out same sex marriages as ones it will not recognize? The short answer is that Ohio cannot at least under the circumstances here," the ruling states.

 

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