Gay Marriage | News | Ohio

Federal Judge Says He'll Issue Ruling Recognizing Gay Marriages from Out of State

OhioA federal judge in Ohio has announced he'll issue a ruling striking down the state's ban on gay marriage, the AP reports:

Judge Timothy Black made the statement Friday following final arguments in a lawsuit that challenged the constitutionality of the marriage ban. He says he'll issue the ruling April 14 prohibiting Ohio officials from enforcing the ban, which he says violates constitutional rights to equal protection and due process. Black's ruling will not mean Ohio has to allow couples to marry in the state. Attorneys for the state had argued that it's Ohio's sole province to define marriage as between a man and a woman.

Black announced his ruling ahead of time to give the state to prepare an instant appeal.

WVXU adds:

Attorney Al Gerhardstein, representing plaintiffs in a lawsuit about birth certificates, amended his request to ask Black to declare all aspects of Ohio's gay marriage ban unconstitutional. In federal court Friday morning, the judge said he would do that.

Gerhardstein told WVXU  he didn't ask for gay couples to be allowed to marry in Ohio, just that the state recognize marriages from other states.

Ohio Attorney General Mike DeWine told WVXU that he is not surprised by Black’s ruling; and will appeal to the Sixth Circuit Court of Appeals. He said, “We felt based on his preliminary rulings that something like this would happen; and, that’s fine, we will take it up to the Sixth Circuit.”

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Comments

  1. And it's developing that only the ban against recognition of legal out-of-state same-sex marriages will be lifted.

    Posted by: Zlick | Apr 4, 2014 1:26:23 PM


  2. 6th circuit can add another appeal to its docket.

    Posted by: Dan Mc. | Apr 4, 2014 1:27:27 PM


  3. Every single judge from every single case has struck down the bans from same sex marriage that has been presented to them in all it's various forms. Looks like every judge in America must be an activist.

    Posted by: Richard Harney | Apr 4, 2014 1:30:52 PM


  4. @zlick yeah but that's just another court case and you don't even need a JD to argue that case and win.

    IMO if even one of those cases gets to the Supreme Court, even with this court, the likely outcome is nationwide marriage equality

    Posted by: Homo Genius | Apr 4, 2014 1:33:05 PM


  5. Great news, but this in regard to Ohio not recognizing legal same sex marriages from other jurisdictions. Not an overall Ohio ban on same sex marriage. Pending appeal: Ohio same sex citizens get married elsewhere and have it recognized in Ohio- Yes. Ohio citizens get a same sex marriage in Ohio- No (not yet).

    Posted by: NotSafeForWork | Apr 4, 2014 1:54:24 PM


  6. The strategy has worked to perfection. Find judges that are likely to be sympathetic and persuaded to rule in favor of equality, and watch the state bans struck down one way or another, one after one after one. This isn't a full marriage case though, as Zlick said. In fact, there isn't a full marriage lawsuit in Ohio, as far as I know. So that will come soon I expect.

    Posted by: Francis | Apr 4, 2014 2:13:51 PM


  7. So... the ban itself is struck down as unconstitutional, but the state is allowed to keep it in place anyway? What the f--k kind of ruling is that?

    Posted by: Gregory In Seattle | Apr 4, 2014 3:30:48 PM


  8. "We felt based on his preliminary rulings..."

    I love how they try to downplay it!

    How about "We felt based on every federal court decision in the last 8 or 9 months..."

    Posted by: Randy | Apr 4, 2014 3:36:51 PM


  9. Will the Supreme Court even take a case where all of the Circuit Courts have ruled the same way?

    Posted by: Terrell Brown | Apr 4, 2014 3:59:38 PM


  10. OH!!!

    Posted by: Matt | Apr 4, 2014 4:27:03 PM


  11. "...and, that’s fine, we will take it up to the Sixth Circuit.” = "... and, that's fine, we will continue to waste taxpayer's dollars in ridiculous lawsuits aimed at perpetuating discrimination, ignorance, and hate."

    Posted by: Dr. Christopher Blackwell | Apr 4, 2014 5:27:26 PM


  12. The Sixth Circuit is the same circuit that slapped down the ruling in Michigan, and would have done the same in Kentucky had the judge there not read the tea leaves and quashed his own decision. If my name is Judge Timothy Black, it's probably a good time to think about retirement before I make a fool of myself. Thankfully, my name is not Judge Timothy Black.

    Posted by: TKinSC | Apr 4, 2014 9:10:28 PM


  13. The Sixth Circuit is the same circuit that put a stay on the ruling in Michigan, and would have done the same in Kentucky had the judge there not read the tea leaves and stayed his own decision. If my name is Judge Timothy Black, it's not a good time to think about retirement before I make a another pro marriage-equality decision. Unfortunately, my name is not Judge Timothy Black.

    Posted by: Tim | Apr 4, 2014 10:27:00 PM


  14. @TKINSC: Thankfully, Judge Timothy Black has the power to rule on constitutional matters and you don't. You're good at make a fool of yourself here, however. Oh well ...

    Posted by: Ernie | Apr 4, 2014 11:12:55 PM


  15. "Black announced his ruling ahead of time to give the state to prepare an instant appeal."

    So the guy is NOT on our side ! How many times has he ever announced his rulings ahead of times so the other side can appeal ? Does he just do this for gay cases ?
    This judge needs to be fired for discrimination. We need to sue him for his treatment of this case.

    I am sick of these weak, spineless judges too afraid to make any decisions. Making decisions is their job ! So he had no basis to rule against us but he made sure the opposition has time to lodge an appeal to stop any marriages happening immediately which means a higher up judge can make the decision for him because he is obviously too chickensh#t to make it himself.

    Weak, pathetic American judges. No wonder human rights are 40 years behind here.

    Posted by: Icebloo | Apr 4, 2014 11:48:29 PM


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