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Federal Judge Orders Ohio to Recognize Gay Marriages from Other States

As promised on April 4, Judge Timothy Black has issued a 45-page ruling ordering the state of Ohio to recognize same-sex marriage performed elsewhere. Black announced his ruling ahead of time to give the state to prepare an instant appeal.

T_blackThe case was brought by four gay Ohio couples suing to have their marriages recognized on birth certificates:

The couples, all of whom were legally married in other states but have ties to Ohio through their children, or soon-to-be-born children, filed a lawsuit against the state to have their marriages recognized on birth certificates. They stated that being forced to list only one parent is a violation of their rights according to the U.S. Constitution.

Black previously issued a ruling applying only to death certificates.

The Washington Blade adds:

Now that Black has handed down the decision, state officials in Ohio — Gov. John Kasich and Attorney General Mike DeWine — are expected to appeal the decision to the U.S. Sixth Circuit Court of Appeals. The officials may also independently seek a stay of the order requiring the state to recognize out-of-state same-sex marriages.

That would be consistent with actions from other state officials in Kentucky and Tennessee when faced with orders requiring those states to recognize out-of-state same-sex marriages. The Sixth Circuit already had the distinction of being the only federal appeals court where each of the four states within the circuit — Michigan, Ohio, Tennessee and Kentucky — has a marriage equality case on appeal.

Read the full ruling below:

1:14-cv-00129 #28 by Equality Case Files


Monday Speed Read: Ohio Marriage, Nevada GOP, Tammy Baldwin, Mark Takano, Kyrsten Sinema

BY LISA KEEN / Keen News Service

OhioOHIO DECISION EXPECTED TODAY:

Today is the self-imposed deadline a federal judge in Cincinnati set for issuing a formal ruling that Ohio’s ban on same-sex couples marrying is unconstitutional. State Attorney General Mike DeWine has already indicated he will appeal the decision and is expected to seek an emergency stay to block its enforcement.

NEVADA GOP STAKES BIGGER TENT:

The Republican Party of Nevada, at its annual convention Saturday, overwhelmingly voted for a platform that removes previous language defining marriage as being only between a man and a woman. Ed Williams, president of Log Cabin Republicans of Nevada and a delegate at the convention, said the state party “has made it clear that they want a 'bigger tent' and has welcomed us into it." National Log Cabin Executive Director Gregory Angelo praised the Nevada Log Cabin chapter for making a “critical difference pushing the GOP toward the right side of history.”

BaldwinLET US EAT BOLOGNA!

U.S. Senator Tammy Baldwin is taking a lead in defending the right of U.S. meat, cheese, and beer producers to call their products what they want. Baldwin, joined by more than 40 of her Senate colleagues, sent a letter April 4 to the USDA and the U.S. Trade Representatives, saying the European Union is attempting to impair U.S. competition with these products by prohibiting the U.S. versions from being identified by such common names as bratwurst, bologna, Octoberfest, feta, and parmesan. The EU says the names are indicative of a geographically specific product. But Baldwin is pushing back. “If the United States were to be subjected to a ban of these traditional names for various products,” she wrote, “consumers may be confused and Wisconsin dairy farmers, meat producers and beer brewers could suffer.”

TakanoTAKANO STAGES ‘INTERVENTION’:

U.S. Rep. Mark Takano (D-Calif.) staged a mock intervention on the U.S. House floor April 2. He said he wanted to help House Republicans overcome their obsession with repealing the Affordable Care Act. “To my Republican friends, I want to say, this is a safe place. We are here to help. Your addiction to repealing Obamacare and peddling conspiracy theories about the law are not doing any good – for yourselves or for the American people. Stop standing on the wrong side of history….Let’s move on!”

SinemaSINEMA’S ON THE RUN IN BOSTON:

Bisexual U.S. Rep. Kyrsten Sinema (D-Ariz.), who in November became the first active member of Congress ever to complete an Ironman competition, is registered to run next Monday in the Boston Marathon. Sinema posted a message on Twitter Sunday indicating she was running to honor survivors of last year’s bombing at the finish line.

FACING THE NATION:

CBS Face the Nation host Bob Schieffer sounded somewhat fatigued by the subject matter Sunday when asked Evan Wolfson, head of the national Freedom to Marry group, “So, now it’s gay rights. Is that the next chapter of the civil rights…uh…struggle that’s been going on for so long?” “I wouldn’t call it the next chapter,” said Wolfson, “I think it’s part of the same struggle. I think that what the struggle ... that the civil rights movement did so much to lay the foundation for… was to create an America that’s a more perfect union for everybody. And gay people are part of that everybody. But as we’ve just all heard and said, we’re not done with any of these fights on any of these fronts that overlap anyway. My blood boils when I see voter suppression and the assault on women’s access to contraception…. Civil rights is about the America we want for everybody.”

© copyright 2014 by Keen News Service. All rights reserved.


Bon Appetit! PETA Offers To Turn Jeffrey Dahmer's Home Into Vegan Restaurant

Dahmer_home

The latest proposal from the People for the Ethical Treatment of Animals (PETA) may make you gag.

The group is looking to turn the $295,000 2,170-square-foot, mid-century modern childhood home of Jeffrey Dahmer — the very home where the infamous serial rapist, torturer and cannibal killed, dismembered and buried 19-year-old Steven Hicks — into a vegan eatery called “Eat for Life: Home Cooking.”

The eatery would feature “entrees like chipotle barbecue tofu kebabs and a vegan creamy chicken casserole — made from faux-chicken and dairy-free sour cream.”

“We are always looking forward to ways to draw attention to the violence inherent in the production of meat, eggs and milk — which involve processes that would shock all but the most hard-hearted person,” PETA president Ingrid Newkirk wrote in a letter last week. “Dahmer’s old house gives us a way to evoke sympathy for these victims and to suggest that a life-affirming diet can change everything.”

The Beacon Journal has more:

Aha. Even though the house is “zoned only for single-family residential use and not for commercial purposes… Richard Lubinski of Stouffer Realty, who is handling the sale of Dahmer’s former house, said he was not sure if the offer was serious or if the offer was part of a publicity stunt… but [said] the deal could help to remove a longtime stain in the community.

“I think it’s great,” Lubinski told the paper. “If they want to buy it and repurpose it, that’s phenomenal.”

(image via Keller Williams Realty)


Ohio Lawmaker Renews Call to Impeach Judge for Ruling Recognizing Same-Sex Marriage

Late last week U.S. District Judge Timothy Black announced he'll be issuing a ruling on April 14 striking down the state's ban on recognizing same-sex marriages performed out of state.

BeckerNow, an Ohio lawmaker is calling for Black's impeachment, the Cincinnati Enquirer reports:

"In an epic display of arrogance and incompetence, Judge Black announced that he will require the people of Ohio to disregard the Ohio Constitution and force the recognition of 'homosexual marriages' performed outside of Ohio," state Rep. John Becker's office said a statement. "He persists in allowing his personal political bias to supersede jurisprudence."

Becker, R-Union Township, said Black's ruling would violate both the Ohio Constitution and the U.S. Constitution.

...Becker has introduced a resolution in the Ohio House that would call on the House of Representatives to begin impeachment proceedings against Black. The measure has not yet received a hearing in a House committee, and even if it passed, it would not have the power to require any action from Congress.

Becker called for Black's impeachment last September when he ordered the state to recognize the marriage of John Arthur and Jim Obergefell on Obergefell's death certificate.

Apparently he enjoys wasting time and taxpayer money.


Monday Morning Speed Read: Ohio, Michigan, 'ENDA' Executive Order, Hillary Clinton

BY LISA KEEN / Keen News Service

T_blackOHIO ON THE CUSP:

A federal district court judge in Cincinnati surprised many in court Friday when he announced he will issue a ruling within 10 days declaring the Ohio ban on recognizing marriages of same-sex couples unconstitutional. Judge Timothy Black (an Obama appointee) heard arguments April 4 in Henry v. Wymyslo. The lawsuit was brought by three married lesbian couples expecting to give birth soon and a gay male couple seeking to adopt. The four couples were seeking a court order to force the state to put the names of both parents on the birth certificates of their children-to-be. Black, who previously ruled in favor of two married same-sex couples seeking the right to have a surviving spouse’s name listed on a death certificate, read a statement to the courtroom saying he would find the ban unconstitutional. Ohio Attorney General Mike DeWine said the state will appeal, and he is expected to seek a stay.

SchuetteMICHIGAN SEEKS A LEAP ‘FORWARD’:

The Michigan attorney general on Friday filed a petition with the Sixth Circuit U.S. Court of Appeals, asking the court to bypass the usual three-judge panel hearing and go straight to a full appeals court review. "Advancing our case to a hearing before the entire panel of Sixth Circuit judges will move us forward more quickly, and minimize delays in ultimately reaching the U.S. Supreme Court,” explained Attorney General Bill Schuette in a press statement. “This move also offers the added benefit of conserving taxpayer resources by shortening the timeline of the litigation." Cases are moving quickly through two other circuits, both of which will be heard by three-judge panels in the coming days. If the Sixth Circuit grants Michigan’s request, it could make DeBoer v. Snyder the first to reach the U.S. Supreme Court, but that doesn’t guarantee that the Supreme Court would agree to hear that case.

CarneyREDUNDANT OR RETRACING HISTORY?

The Human Rights Campaign was unhappy Thursday with comments from White House Press Secretary Jay Carney about why President Obama won’t sign an executive order prohibiting federal contractors from discriminating based on sexual orientation and gender identity. The White House has been sending mixed messages about the president’s willingness to sign an executive order but Carney has said in the past that an executive order is the “wrong approach” and the Employment Non-Discrimination Act (ENDA) is the “right way to go.” Asked at a routine press briefing April 3 whether the president would sign an executive order if Congress passed ENDA, Carney said passage of ENDA would make an executive order “redundant.” HRC issued a statement Friday saying, “We couldn’t disagree more.” HRC pointed out that President Johnson signed an executive order prohibiting discrimination by federal contractors the year after signing the Civil Rights Act of 1964.

SOME REDUNDACY ALLOWED:

Just three days after White House Press Secretary Jay Carney said an LGBT-related executive order would be “redundant” to the pending Employment Non-Discrimination Act, the Associated Press reported that President Obama will sign an executive order Tuesday that “is similar to language in a Senate bill aimed at closing a pay gap between men and women.”

HillaryREADY FOR HILLARY:

There are two big LGBT fundraisers tonight for an independent political action committee raising money for an expected presidential bid by Hillary Clinton. One, in Manhattan, is hosted by gay philanthropist and politico Jon Stryker and features California Lieutenant Governor Gavin Newsom. The other, at a gay bar in West Hollywood, is hosted by a group called Out & Ready for Hillary and will feature a number of actors and political figures.

© copyright 2014 by Keen News Service. All rights reserved.


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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