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Federal Judge Says Ohio Must Recognize Same-Sex Couples’ Out-Of-State Marriages
BuzzFeed Politics ^ | December 23, 2013 | Chris Geidner

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)


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; US: Ohio
KEYWORDS: gaymarriage; homosexualagenda; homosexualmarriage; judiciary; lavendermafia; lawsuit; liberalfascism; ohio; romneymarriage; ruling; samesexmarriage
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Every day now it's something new. Imaging what they'll get up to from election to inauguration day if (somehow) a conservative is elected in 2016.
1 posted on 12/23/2013 3:09:44 PM PST by 2ndDivisionVet
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To: 2ndDivisionVet

The Federalis are on the warpath. Imagine if they moved this fast on confirming 2nd Amendment rights.

hell, that’s only written in the constitution.


2 posted on 12/23/2013 3:12:16 PM PST by headstamp 2 (What would Scooby do?)
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To: headstamp 2

Wonder what Phil Robertson thinks about this?


3 posted on 12/23/2013 3:14:09 PM PST by DeepInTheHeartOfTexas
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To: 2ndDivisionVet

So much for state’s rights. The POLICE STATE is in full swing now. Federal clowns telling the states what they must do?


4 posted on 12/23/2013 3:14:34 PM PST by FlingWingFlyer (Merry Christmas to all my fellow Americans. "Whatever" to everybody else!)
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To: 2ndDivisionVet

I don’t think any more conservatives will be elected. A “conservative” perhaps. But maybe not even that.


5 posted on 12/23/2013 3:15:26 PM PST by madprof98
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To: madprof98

Like this?

6 posted on 12/23/2013 3:18:09 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: 2ndDivisionVet
What about other laws like conceal carry. Maybe gun rights activists can use this strategy too!
7 posted on 12/23/2013 3:23:20 PM PST by RginTN
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To: DeepInTheHeartOfTexas

Sorry Mr Federal Judge but there’s this Constitutional amendment; the 10th and It sort of keeps many states protected from Federali types like yourself. I think the “true” majority don’t honor rug muncher or anal prober unions as real marriages.


8 posted on 12/23/2013 3:27:50 PM PST by jsanders2001
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To: 2ndDivisionVet

It should be pointed out that John Arthur, one of the gay men, died in October at the age of about 47.

He is another statistic that proves the gay lifestyle kills it’s participants many years before non-gay males die.

In this case, Arthur died about 3 decades before he should have.


9 posted on 12/23/2013 3:28:18 PM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: 2ndDivisionVet
This is why Tom DeLay was railroaded.

Many people don't know this, but he vowed to impeach activist judges. That didn't sit well with the Left, who immediately brought a smear campaign against him.

The fact that nobody in the GOP or even conservative talk radio or commentators is bringing this up speaks volumes.

10 posted on 12/23/2013 3:33:35 PM PST by Extremely Extreme Extremist (Governor Sarah Heath Palin for President of the United States in 2016)
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To: 2ndDivisionVet

It is time for states to say NO to federal judges


11 posted on 12/23/2013 3:39:02 PM PST by GeronL (Extra Large Cheesy Over-Stuffed Hobbit)
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To: 2ndDivisionVet
Okay, then, Washington DC and Illinois and Noo Yawk have to recognize my out-of-state conceal carry permit, too.

These queers know not what a Pandora's box they open by forcing states to recognize homosex bondings from other states.

12 posted on 12/23/2013 3:39:29 PM PST by backwoods-engineer (Blog: www.BackwoodsEngineer.com)
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To: backwoods-engineer

Sue ‘em.


13 posted on 12/23/2013 3:40:09 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: 2ndDivisionVet
Well the County Sheriffs should have all due authority to enforce state statutes and laws and arrest these type of judges who unlawfully overturn what is the states jurisdiction..
14 posted on 12/23/2013 3:43:24 PM PST by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: 2ndDivisionVet

What about the states that don’t recognize marriages of first cousins? Why is that okay?


15 posted on 12/23/2013 3:46:35 PM PST by Brown Deer (Pray for 0bama. Psalm 109:8)
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To: Brown Deer

And why is polygamy still illegal? I want to go “bride shopping” in Asia and they won’t let me! LOL


16 posted on 12/23/2013 3:48:18 PM PST by 2ndDivisionVet (A courageous man finds a way, an ordinary man finds an excuse.)
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To: xzins
It should be pointed out that John Arthur, one of the gay men, died in October at the age of about 47.

He is another statistic that proves the gay lifestyle kills it’s participants many years before non-gay males die.

Betcha it's AWFULLY hot where this homo is right now. Eternity is a long time & never ends!

17 posted on 12/23/2013 3:56:21 PM PST by rcrngroup
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To: Brown Deer
What about the states that don’t recognize marriages of first cousins?

Hey, we wasn't cousins! That there was muh sister, and we was only livin' together.

18 posted on 12/23/2013 4:00:27 PM PST by DeepInTheHeartOfTexas
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To: DeepInTheHeartOfTexas

Better her, than ur bruther!


19 posted on 12/23/2013 4:07:25 PM PST by Brown Deer (Pray for 0bama. Psalm 109:8)
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To: 2ndDivisionVet

You have to wonder why a father cant marry both his son and daughter. Like what is the reasoning for banning that if two males can be “married”? That those are “gross”?


20 posted on 12/23/2013 4:22:01 PM PST by VanDeKoik
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To: VanDeKoik

Don’t worry-just give them time.


21 posted on 12/23/2013 4:23:21 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: 2ndDivisionVet

Everyday some federal judge steps on states’ rights. Seccession is one option. Simply ignoring the judges and obama’s dictates is another.


22 posted on 12/23/2013 4:32:30 PM PST by VerySadAmerican (".....Barrack, and the horse Mohammed rode in on.")
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; cardinal4; ColdOne; ...

Thanks 2ndDivisionVet.


23 posted on 12/23/2013 5:10:17 PM PST by SunkenCiv (http://www.freerepublic.com/~mestamachine/)
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To: RginTN

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.


24 posted on 12/23/2013 5:33:14 PM PST by Zman (Liberals: denying reality since Day One.)
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To: 2ndDivisionVet

Remember when they homosexuals claimed they only wanted to be treated decently?


25 posted on 12/23/2013 5:36:42 PM PST by logic101.net (How many more children must die on the altar of "gun free zones"?)
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To: 2ndDivisionVet

He can stuff that Full Faith and Credit crap on this issue.


26 posted on 12/23/2013 6:49:29 PM PST by SgtHooper (If at first you don't succeed, skydiving is not for you.)
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To: xzins

Didn’t I read he died of ALS?


27 posted on 12/23/2013 6:54:21 PM PST by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: highball

Is ALS a neurological disease? I think I read that it was some variety of neurological disease.


28 posted on 12/23/2013 6:55:50 PM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: 2ndDivisionVet
Federal Judge Says Ohio Must Recognize Same-Sex Couples’ Out-Of-State Marriages

Recognize them as perverts?

29 posted on 12/23/2013 6:59:02 PM PST by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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To: xzins

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.


30 posted on 12/23/2013 7:18:27 PM PST by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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What about the right to drive 75 MPH across state lines? Carry?

Idiotic ruling.


31 posted on 12/23/2013 8:07:45 PM PST by Gene Eric (Don't be a statist!)
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To: 2ndDivisionVet

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


32 posted on 12/23/2013 9:31:11 PM PST by Eleutheria5 (End the occupation. Annex today.)
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To: 2ndDivisionVet

Yes, we recognize that “marriage” is now an unlimited frontier.


33 posted on 12/23/2013 9:35:36 PM PST by windsorknot (>>>)
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To: 2ndDivisionVet

God doesn’t recognize them; why should we?


34 posted on 12/23/2013 9:37:01 PM PST by Salvation ("With God all things are possible." Matthew 19:26)
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To: xzins

He died of ALS. I’m not aware of anything related to homosexuality that predisposes anyone to that disease.


35 posted on 12/23/2013 10:35:23 PM PST by Coronal
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To: Zman

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.


36 posted on 12/23/2013 11:10:45 PM PST by Clump ( the tree of liberty is withering like a stricken fig tree)
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To: 2ndDivisionVet

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.


37 posted on 12/24/2013 2:21:22 AM PST by RKBA Democrat (Getting some small say in who will get to hold the whip doesn't make you any less a slave.)
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To: highball

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.


38 posted on 12/24/2013 4:22:33 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: Coronal

see #38


39 posted on 12/24/2013 4:27:07 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: 2ndDivisionVet

the fess are bussing people. but this time not by color, but by thought. This is completely tyranical.


40 posted on 12/24/2013 4:44:33 AM PST by lavaroise
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To: xzins

Indeed, just like in Pakistan. Cripple, blind, maim and castrate people into being gay, makes them good little beggars for government taxes and tourist donations.

Poverty pimps. Obama is expert at it. It is how he was raised.


41 posted on 12/24/2013 4:47:16 AM PST by lavaroise
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To: 2ndDivisionVet
gun permits too... right???
42 posted on 12/24/2013 5:01:47 AM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -vvv- NO Pity for the LAZY - 86-44)
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To: Extremely Extreme Extremist

Fearful perhaps?

It took a devout Christian last week to speak out.


43 posted on 12/24/2013 5:10:38 AM PST by Biggirl (“Go, do not be afraid, and serve”-Pope Francis)
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To: Salvation

Thankfully that is starting to change, starting last week with the Duck Dynesty taking a stand.


44 posted on 12/24/2013 5:12:54 AM PST by Biggirl (“Go, do not be afraid, and serve”-Pope Francis)
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To: 2ndDivisionVet; sickoflibs
so, drivers licenses and marriage licenses count across state lines, but the 2A is solely a states decision and can, in fact be violated with impunity and cause us to be forever restricted federally by our home state if we break 'the law'...???

wont be long before there wont be a reason to follow any 'law', since there is no black and white letter of it to actually follow, and no gov agency is capable of following their own rules either...

45 posted on 12/24/2013 5:56:48 AM PST by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
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To: RginTN

As just conceded your Inalienable Right is now subject to permission from the gov’t.; unless you fight the case ala Constitutional carry (AK, AZ, VT, WY).

In fact, I gotta check if the RNA is fighting that battle or not (I suspect the latter, unfortunately)


46 posted on 12/24/2013 6:22:36 AM PST by i_robot73 (Give me one example and I will show where gov't is the root of the problem(s).)
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To: 2ndDivisionVet

Since lefty’s only feel rather than think, their 8 year long feel process will constantly clash into the wall of unintended consequences. 10,000 years of Western Civilization has reconciled all of these matters. Their failure to think ahead for even a second will undo all of that in just 20 years.


47 posted on 12/24/2013 6:37:17 AM PST by major-pelham
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To: 2ndDivisionVet
Every day now it's something new. Imaging what they'll get up to from election to inauguration day if (somehow) a conservative is elected in 2016.

I keep telling people - there is no turning back no matter who is running the District of Corruption. Once the slide took hold we are headed for the bottom. Sorry to be so negative on Christmas Eve - CHRIST is the only answer.
48 posted on 12/24/2013 6:48:48 AM PST by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: xzins
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.

But no, it isn't. Not if his gay lifestyle had nothing to do with his premature death.

Otherwise you have to use every gay death by car crash as somehow being "proof" that the lifestyle is unhealthy. And while you're at it, the death of my family friend from ALS in his early 40s is proof of what, the dangers of being Norwegian?

Our arguments are stronger when we stick to actual facts. We don't need to veer into the nonsensical.
49 posted on 12/24/2013 6:54:04 AM PST by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: 2ndDivisionVet

This is exactly what many of us had feared—in fact, had even considered inevitable: The left now wants to federalize “gay marriage”—not just allow it on a state-by-state basis, according to the majority of residents’ wishes—and accomplish this by judicial fiat.


50 posted on 12/24/2013 8:12:58 AM PST by AmericanExceptionalist (Democrats believe in discussing the full spectrum of ideas, all the way from far left to center-left)
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