Federal Judge in Ohio Rules in Favor of Same-Sex Marriage

The US District Court for the Southern District of Ohiorecently ruled in favor of an Ohio same-sex couple who sought recognition oftheir out-of-state marriage. 

James Obergefell and John Arthur legally married in Marylandbefore returning to their Ohio home, where they have resided for over 20years.  Arthur suffers from a terminalillness and seeks to include his partner as his surviving spouse on his deathcertificate. 

The court granted their motion to preliminarily enjoin theenforcement of Ohio’s prohibition.  Thecourt found the couple met the requirement to show a substantial likelihoodtheir claim would prevail on the merits, because “the Ohio scheme hasunjustifiably created two tiers of couples: (1) opposite-sex married coupleslegally married in other states; and (2) same-sex married couples legallymarried in other states” and that this derogation of law lacks equal protectionof law.

See BenjaminMinegar, Federal Judge Rules in Favor ofOhio Same-Sex Couple Married Out-of-State, Jurist, July 23, 2013.

Special thanks to Naomi Cahn(John Theodore Fey Research Professor of Law, George Washington UniversitySchool of Law) for bringing this article to my attention.