The Star Beacon; Ashtabula, Ohio

World, nation, state

December 24, 2013

Ohio gay marriage ban is rejected in narrow ruling

CINCINNATI — A federal judge Monday ordered Ohio authorities to recognize gay marriages on death certificates, saying the state’s ban on such unions is unconstitutional and that states cannot discriminate against same-sex couples simply because some voters don’t like homosexuality.

Although Judge Timothy Black’s ruling applies only to death certificates, his statements about Ohio’s gay-marriage ban are sweeping, unequivocal, and are expected to incite further litigation challenging the law. Ohio’s attorney general said the state will appeal.

Black cited the Supreme Court’s June decision striking down part of a federal anti-gay marriage law, saying that the lower courts are now tasked with applying that ruling.

“And the question presented is whether a state can do what the federal government cannot — i.e., discriminate against same-sex couples ... simply because the majority of the voters don’t like homosexuality (or at least didn’t in 2004),” Black said in reference to the year Ohio’s gay marriage ban passed. “Under the Constitution of the United States, the answer is no.”

Eighteen states and the District of Columbia allow same-sex weddings, up from six before the Supreme Court decision.

Black wrote that “once you get married lawfully in one state, another state cannot summarily take your marriage away,” saying the right to remain married is recognized as a fundamental liberty in the U.S. Constitution.

“When a state effectively terminates the marriage of a same-sex couple married in another jurisdiction, it intrudes into the realm of private marital, family, and intimate relations specifically protected by the Supreme Court,” he wrote.

Black referenced Ohio’s historical practice of recognizing other out-of-state marriages even though they can’t legally be performed in Ohio, such as those involving cousins or minors.

Black’s decision stems from a lawsuit in July by two gay Ohio men whose spouses recently died and wanted to be recognized on their death certificates as married. The two couples got married over the summer in states that allow same-sex marriage.

Black said “there is absolutely no evidence that the state of Ohio or its citizens will be harmed” by his ruling but that without it, the harm would be severe for two men who filed the lawsuit because it would strip them of the dignity and recognition given to opposite-sex couples.

Black ordered the state not only to recognize the marriages of the two men who filed the lawsuit on their respective spouses’ death certificate but also to communicate his orders to anyone in the state involved in completing death certificates.

Attorney General Mike DeWine said the state will take its case to the 6th U.S. Circuit Court of Appeals, also based in Cincinnati. He called Monday’s decision “not a huge surprise,” given earlier rulings Black made in the case.

“Our job is to defend the Ohio Constitution and state statutes ... and that’s what we intend to do,” DeWine said.

Bridget Coontz, the attorney who argued on behalf of the state, said Wednes-day in court that in the Supreme Court’s historic June decision, the justices also found that states have the right to decide for themselves whether to recognize gay marriage, and Ohio voters decided not to in 2004.

“Ohio doesn’t want Delaware or Maryland to define who is married under Ohio law,” she said. “To allow that to happen would allow one state to set the marriage policy for all others.”

Civil rights attorney Al Gerhardstein argued to Black that the case was “about love surviving death” and said that the state had no right to recognize certain out-of-state marriages and not others.

Black sided with Gerhardstein, saying that constitutional rights trump Ohio’s gay marriage ban, questioning whether it was passed for a legitimate state interest “other than simply maintaining a ‘traditional’ definition of marriage.”

He quoted then-Gov. Robert Taft who said in 2004 that the law was intended “to reaffirm existing Ohio law with respect to our most basic, rooted, and time-honored institution: marriage between a man and a woman.”

Black wrote that “the fact that a form of discrimination has been ‘traditional’ is a reason to be more skeptical of its rationality.”

“No hypothetical justification can overcome the clear primary purpose and practical effect of the marriage bans ... to disparage and demean the dignity of same-sex couples in the eyes of the state and the wider community,” Black wrote.

1
Text Only
World, nation, state
  • Woman, teenager found dead in Lake Erie; 2 missing

    The bodies of two of four missing boaters were recovered in western Lake Erie on Thursday, a day after the group left for an afternoon of fishing and sent pictures to relatives.

    April 18, 2014

  • Astronomers spot most Earth-like planet yet

    Astronomers have discovered what they say is the most Earth-like planet yet detected — a distant, rocky world that’s similar in size to our own and exists in the Goldilocks zone where it’s not too hot and not too cold for life.
     

    April 18, 2014

  • Lordstown eyes fall rollout of updated Cruze

    Production of the updated Chevrolet Cruze is tentatively set to begin early this fall at the General Motors facility in Lordstown, a plant official confirmed.
     

    April 17, 2014

  • A year after background check defeat, modest goals

    Democratic worries about this November’s elections, a lack of Senate votes and House opposition are forcing congressional gun-control supporters to significantly winnow their 2014 agenda, a year after lawmakers scuttled President Barack Obama’s effort to pass new curbs on firearms.
     

    April 17, 2014

  • College Board provides a glimpse of new SAT

    Anxious students — not to mention their parents — can get a heads-up for how the redesigned SAT might look in two years.
     

    April 17, 2014

  • Screen Shot 2014-04-16 at 12.51.22 PM.png VIDEO: Toddler climbs into vending machine

    A child is safe after climbing into and getting stuck inside a claw crane machine at a Lincoln, Neb., bowling alley Monday.

    April 16, 2014 1 Photo

  • Poll finds Clinton trouncing entire GOP field

    Hillary Clinton isn’t only the strong front-runner for the 2016 Democratic presidential nomination, but she’s well ahead of every potential Republican rival, according to a new McClatchy-Marist Poll.
     

    April 16, 2014

  • Ukraine bares teeth against eastern uprising

    In the first Ukrainian military action against a pro-Russian uprising in the east, government forces repelled an attack Tuesday by about 30 gunmen at an airport, beginning what the president called an “anti-terrorist operation” to try to restore authority over the restive region.
     

    April 16, 2014

  • U.N. Security Council sees grim images of Syrian dead

    The U.N. Security Council fell silent Tuesday after ambassadors viewed a series of ghastly photographs of dead Syrian civil war victims, France’s ambassador said. The pictures showed people who were emaciated, with their bones protruding, and some bearing the marks of strangulation and repeated beatings, and eyes having been gouged out.

    April 16, 2014

  • U.S.: Russia causing Ukraine unrest

    The White House on Monday said there was “overwhelming evidence” that Russia is fomenting unrest in eastern Ukraine, but suggested that President Barack Obama has not yet concluded that Vladimir Putin’s actions warrant broader sanctions on key Russian economic sectors.

    April 15, 2014

House Ads
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
AP Video