Federal judge says he will order Ohio to recognize out-of-state gay marriages
Posted April 4, 2014 9:57 am.
This article is more than 5 years old.
CINCINNATI – A U.S. judge said Friday that he will order Ohio to recognize out-of-state gay marriages, a move that strikes down part of the state’s ban on gay marriages but stops short of forcing it to perform same-sex weddings.
The push to legalize same-sex marriage has rapidly gained momentum in the United States, but it remains a divisive issue. Gay marriage is legal in 17 states and in Washington, D.C. Federal judges have struck down bans in Michigan, Utah, Texas, Oklahoma and Virginia, and ordered Kentucky and Tennessee to recognize out-of-state gay marriages, though stays have been issued pending appeals.
Both sides of the debate expect the U.S. Supreme Court to ultimately resolve the issue.
Judge Timothy Black announced his intentions in federal court in Cincinnati following final arguments in a lawsuit that challenged the constitutionality of the marriage ban. He said he based his decision on the fact that not recognizing out-of-state gay marriages denied their “fundamental right to marry a person of their choosing and the right to remain married.”
Black said he will issue the ruling April 14.
Civil rights attorney Al Gerhardstein, argued that Black should strike down the entire marriage ban. “That human dignity is denied by the way Ohio treats same-sex couples. This is central to our whole commitment as a nation to equality.”
Dan Tierney, a spokesman for Ohio’s attorney general, said the state will appeal Black’s order when it comes out and declined to comment further.
Attorneys for the state have argued that it’s Ohio’s sole province to define marriage as between a man and a woman, that the statewide gay marriage ban doesn’t violate any fundamental rights, and that attorneys improperly expanded their originally narrow lawsuit.
They said that striking down the law would “disregard the will of Ohio voters, and undercut the democratic process.”
Black didn’t say why he made the announcement on his ruling before he issues it. But by stating his intention ahead of his ruling, the judge gave the state time to prepare an appeal that can be filed immediately.
In December, Black issued a much narrower ruling that forced Ohio to recognize gay marriage on death certificates. He indicated at that time that the marriage ban was unconstitutional and discriminatory.
The state appealed that ruling, and the case is pending in the 6th U.S. Circuit Court of Appeals in Cincinnati.
