Judge Stays Ohio Gay Marriage Ruling, Except for the Couples Who Sued

Judge Timothy Black has stayed his ruling ordering Ohio to recognize same-sex marriages performed in other states, except in the case of the four couples who sued. He says Ohio must recognize their marriages immediately, the AP reports.

T_blackBlack said the stay does not apply to the four couples who filed the February lawsuit that led to the court case and ordered Ohio to immediately list both spouses in each relationship as parents on their children's birth certificates.

In explaining the stay, Black said that although he doesn't think the state's appeal will succeed, there is still a chance the 6th Circuit could overturn his decision.

"The court recognizes that recognition of same-sex marriages is a hotly contested issue in the contemporary legal landscape, and, if (the) appeal is ultimately successful, the absence of a stay … is likely to lead to confusion, potential inequity and high costs," Black said. "Premature celebration and confusion do not serve anyone's best interests."

The case will be appealed to the Sixth Circuit Court of Appeals.


  1. DavidAZ says

    Stay the gay, stay the gay. So tired of hearing that same old broken record. When is one of these judges gonna finally grow a pair and DENY a stay for ALL couples? Its past time to kick this appeals process up to a whole new level.

  2. Mike in Asheville says

    To: Davidaz, two federal judge actually have refused to issue stays. In the Utah case, even the Circuit Appeals Court, also denied the stay it was the Supreme Court that intervened. In the Ohio case, a few days after the Supreme Court intervened in the Utah case, it was the Circuit Appeals Court that issued the stay, knowing that SCOTUS otherwise would.

    Just being fair to those who did/do have the balls. Also, (can’t remember the case off-hand) a judge and circuit both denied stays so that a terminally ill man could marry in another state, and have their marriage counted for a death certificate.

    Indeed to your comments, it has been a long string of stays; but that to is changing.

  3. JonnyNYNY2FLFL says

    With suits and counter-suits flying every which way, the legal system will soon realize the only way to sort them out is universal marriage equality.

    The “one man, one woman” model is doomed. The courts & legislatures can’t even decide with any consistency which gender an individual actually is. With higher and higher rates of birth of babies who have biological ambiguities regarding sex & people who choose to transition from one sex to another, litigation will be endless.

    The only answer is to allow two people to enter a marriage contract. Period.

  4. TKinSC says

    “The court recognizes that recognition of same-sex marriages is a hotly contested issue in the contemporary legal landscape….”

    So if it’s a hotly contested issue now, how on God’s green earth can it be a constitutional right granted 145 years ago that mean old Ohio homophobes should have known better than to try to take away 10 years ago?

    And it was nice of him to issue a stay and all, and not to look a gift horse in the mouth, but why give marriage recognition to these 4 couples specifically and not to all couples similarly situated? Seems to me he’s ordering Ohio to treat couples unequally, and doesn’t that go against everything he said in his opinion?

    What happens if other couples sue and ask for a preliminary injunction? Will Ohio have to recognize every single one? If not, what principle allows a distinction to be made? And if so, what good is the stay, other than to make people go through the inconvenience of filing a separate lawsuit for each couple?

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