Skip to comments.Federal Judge Says Ohio Must Recognize Same-Sex Couples’ Out-Of-State Marriages
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 husbands 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 Ohios constitutional amendment and statute banning recognition of same-sex couples marriages, so Blacks 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 judges decision, we have consulted with our client, Director Theodore E. Wymyslo, M.D. of the Ohio Department of Health. Following our clients wishes, we will appeal the decision to the U.S. Sixth Circuit Court of Appeals.
Wymyslo was directed by Blacks order earlier Monday to make a best faith effort to communicate Notice of this Courts Final Orders to all persons within Ohio who assist with completing Ohio death certificates.
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.
Wonder what Phil Robertson thinks about this?
So much for state’s rights. The POLICE STATE is in full swing now. Federal clowns telling the states what they must do?
I don’t think any more conservatives will be elected. A “conservative” perhaps. But maybe not even that.
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.
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.
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.
It is time for states to say NO to federal judges
These queers know not what a Pandora's box they open by forcing states to recognize homosex bondings from other states.
What about the states that don’t recognize marriages of first cousins? Why is that okay?
And why is polygamy still illegal? I want to go “bride shopping” in Asia and they won’t let me! LOL
He is another statistic that proves the gay lifestyle kills its 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!
Hey, we wasn't cousins! That there was muh sister, and we was only livin' together.
Better her, than ur bruther!
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”?
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.
Seems that way:
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.
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?
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.
the fess are bussing people. but this time not by color, but by thought. This is completely tyranical.
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.
It took a devout Christian last week to speak out.
Thankfully that is starting to change, starting last week with the Duck Dynesty taking a stand.
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...
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)
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.
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.