Posted on 12/23/2013 3:09:44 PM PST by 2ndDivisionVet
Ohio officials must recognize the marriages of same-sex couples who married out of state for purposes of being considered married on death certificates, a federal judge ruled on Monday.
Judge Timothy Black had granted a temporary injunction for James Obergefell and John Arthur in July, ordering that their marriage be recognized on his death certificate should Arthur — who was in hospice care — die. Since then, Arthur died, but the case was amended to included a funeral director who wanted to ensure that he would be protected should he list same-sex couples as married, as well as another individual who sought to be listed as the surviving spouse on his husband’s death certificate. On Monday, Black made the injunction against county and state officials permanent.
Black explained that the case was not about marriage, but rather about “the right to remain married”:
The plaintiffs in the case only sought a ruling regarding the treatment of death certificates in light of Ohio’s constitutional amendment and statute banning recognition of same-sex couples’ marriages, so Black’s order is limited to that request. In explaining the narrow scope of the case, Black wrote:
Update at 3:10 p.m.: Ohio Attorney General Mike DeWine communications director, Lisa Hackley, told BuzzFeed, “Following the judge’s decision, we have consulted with our client, Director Theodore E. Wymyslo, M.D. of the Ohio Department of Health. Following our client’s wishes, we will appeal the decision to the U.S. Sixth Circuit Court of Appeals.”
Wymyslo was directed by Black’s order earlier Monday “to make a best faith effort to communicate Notice of this Court’s Final Orders … to all persons within Ohio who assist with completing Ohio death certificates.”
Permanent Injunction:
(DOCUMENT-AT-LINK)
Final Order:
(DOCUMENT-AT-LINK)
Don’t worry-just give them time.
Everyday some federal judge steps on states’ rights. Seccession is one option. Simply ignoring the judges and obama’s dictates is another.
Thanks 2ndDivisionVet.
Seems that way:
U.S. Constitution
Article. IV.
Section. 1.
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Section. 2.
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
Remember when they homosexuals claimed they only wanted to be treated decently?
He can stuff that Full Faith and Credit crap on this issue.
Didn’t I read he died of ALS?
Is ALS a neurological disease? I think I read that it was some variety of neurological disease.
Recognize them as perverts?
Yes, it is. A particularly nasty one where the body wastes away.
But I’m not aware of it having any particular connection with gays.
What about the right to drive 75 MPH across state lines? Carry?
Idiotic ruling.
Why discriminate against incest? If a brother and a sister want to marry and produce offspring, why not? In GRRM’s Game of Thrones septology, several kings were born from such incest. Oedipus’ union with his mother is celebrated to this day. Thus, incest has deep roots in American history, from GRRM’s fantasy fiction to Greek drama and legend. The Greeks invented Democracy, after all. Why not follow their lead on this as well, and permit young men to wed and bed their poor, widowed mothers. Think: No mother-in-law!/s
Yes, we recognize that “marriage” is now an unlimited frontier.
God doesn’t recognize them; why should we?
He died of ALS. I’m not aware of anything related to homosexuality that predisposes anyone to that disease.
Just a few observations.
My understanding of the DOMA case was that the provision that gave states protection from having to recognize gay “marriages” from out of state was not challenged or considered.
So that part of DOMA remains intact.
That explains why thus judge went the 14th Amendment rout. That’s a tough position on appeal however.
The premise of his ruling is that gay marriage is a fundamental right, and cannot be summarily taken away by another state.
Number one, it is not established law that gay marriage is a fundamental right.
Number two, he addresses this fundamental right issue without the need to do so under a 14th Amendment analysis.
If the law has historically allowed all married couples, including married cousins (who are not allowed to marry under Ohio law) from other states to be mentioned as husband and wife on death certificates, then the unequal treatment treatment is the best argument for an equal protection violation.
But he misses the point entirely. The state of Ohio has treated all out of state heterosexual marriages the same pursuant to state law.
It is well within the realm of state authority to decide which out of state marriages not otherwise permitted under Ohio law, may be recognized. There are ample legitimate basis for such a determination that gay “marriage” has no historical legitimacy in this country, and that the fundamental nature of same sex unions is so far off the mark that is doesn’t deserve the same treatment.
Reasonable people cam disagree about marriage to first or second cousins, and there is plenty of historical support for such marriages. The beginning of civilization with Adam and Eve was followed up by marriage between siblings, cousins, etc. it was necessary, and God did not call it an abomination.
The same Old Testamemt did however state the wickedness of homosexuality.
So my point is that Ohio has a legitimate basis for its position here, and frankly I think the 10th Amendment carried the day in favor of Ohio.
Another political hack in a black muumuu laying forth an edict for the the unwashed masses. Why conservatives voluntarily obtain a state issued marriage license at this point is beyond me.
A correlation with gays is not what is significant. What is significant is the correlation between gay and early death. That age of death of 47 years is another number in that array.
After a while, the correlation between early death and gayness makes any thought that this relates only to known connections to particular diseases irrelevant.
see #38
the fess are bussing people. but this time not by color, but by thought. This is completely tyranical.
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