Quantcast


Twitter icon


Facebook icon

About this site
About us
Our beliefs
Is this your first visit?
Contact us
External links

Recommended books

Visitors' essays
Our forum
New essays
Other features
Buy a CD of this site
Vital notes

World religions
BUDDHISM
CHRISTIANITY
Christian def'n
 Shared beliefs
 Handling change
 Bible topics
 Bible inerrancy
 Bible harmony
 Interpret the Bible
 Persons
 Beliefs & creeds
 Da Vinci code
 Revelation 666
 Denominations
HINDUISM
ISLAM
JUDAISM
WICCA / WITCHCRAFT
Other religions
Cults and NRMs
Comparing Religions

Non-theistic beliefs
Atheism
Agnosticism
Humanism
Other

About all religions
Main topics
Basic information
Gods & Goddesses
Handling change
Doubt & security
Quotes
Movies
Confusing terms
Glossary
End of the World?
True religion?
Seasonal events
Science vs. Religion
More information

Spiritual/ethics
Spirituality
Morality & ethics
Absolute truth

Peace/conflict
Attaining peace
Religious tolerance
Religious freedom
Religious hatred
Religious conflict
Religious violence

"Hot" topics
Very hot topics
Ten Commandments
Abortion access
Assisted suicide
Cloning
Death penalty
Environment

Same-sex marriage

Homosexuality
Human rights
Gays in the military
Nudism
Origins
Sex & gender
Sin
Spanking
Stem cells
Transexuality
Women-rights
Other topics

Laws and news
Religious laws
Religious news

Sponsored links

 

!!!!!!!! Search error!  If the URL ends something like .htm/  or .htm# delete the character(s) after .htm and hit return.

Same-sex marriage (SSM) In Ohio.

Part 5:
2013-JUL/DEC: Obergefell v. Kasich ruling
made permanent. Reactions to the decision.

Sponsored link


On this web site:

"SSM" refers to same-sex marriage.
"LGBT" refers to the Lesbian, Gay, Bisexual, Transgender and Transsexual community.

horizontal rule

This topic is continued from the previous essay

horizontal line

2013-JUL-23: Decision of federal District Court Judge Timothy Black (Cont'd):

Phil Burress heads Citizens for Community Values. It is a conservative group that promoted the 2004 constitutional amendment to ban same-sex marriages, civil unions, and domestic partnerships in Ohio. He noted that the law has not changed. He said:

"Any talk about the momentum (to overturn the gay marriage ban) is absolutely absurd. They will not win." 1

Ohio State University law professor Marc Spindelman said that while Black limited his ruling only to the issue of death certificates, the pressure is now on Ohio to show why it shouldn’t completely recognize out-of-state same-sex marriages – or, for that matter, allow gay marriages to be performed in the state. He said:

"It’s hard to see how the ruling [can] remain limited to the context of death certificates for very long.”

Pro marriage equality groups hailed the ruling, which came on the heels of judicial rulings to legalize gay marriage in New Mexico and Utah.

Chad Griffin, President of the Human Rights Campaign said in a statement:

"In Ohio, we see the promise realized that soon no government can stand in the way of the bonds forged in sickness and health."

Michael Premo, campaign manager of Why Marriage Matters Ohio said in a statement:

"While we rejoice in this ruling, we are saddened that the state of Ohio would choose to compound the grief of surviving spouses by challenging the legality of their loving, committed unions. We hope the day will soon come when every Ohioan and every American can be ensured of marriage equality and equal protection under our laws. ... We will not stop fighting until that day comes.”

Brian S. Brown, president of the National Organization for Marriage which promotes marriage inequality, said in a release that Black "grossly twisted" the U.S. Supreme Court’s June ruling in United States v. Windsor. He said:

"In the process, he has issued an open invitation for gay marriage activists to bring a wider lawsuit to redefine marriage entirely. ... Though seemingly confined to how Ohio’s death certificates treat so-called same-sex ‘marriages’ performed elsewhere, the ruling is utterly unlawful and violates the sovereignty of the people of Ohio.”

Earlier this year, a state lawmaker introduced a resolution urging federal impeachment proceedings against Black for “malfeasance and abuse of power” because of the temporary injunctions he issued.

horizontal line

2013-DEC-23: Judge Black makes the temporary injunction permanent:

Judge Black had granted temporary injunctions to both couples back in 2013-JUL. On 2013-DEC-23, he issued an order to make the injunctions permanent. The death certificates of all spouses in same-sex marriages residing in Ohio that were legally solemnized in other states will now reflect their married status.

This will raise the question among many people that if Ohio recognizes same-sex marriages at the time of death, why won't the state recognize the marriages one second before death, or one week, or one year, etc?

He didn't expand his ruling to say that all same-sex couples married elsewhere who returned to Ohio must automatically have their marriages recognized. But he did write that "... a substantial logical and jurisprudential basis exists for such a conclusion."

His 50 page order said, in part:

"Once you get married lawfully in one state, another state cannot summarily take your marriage away because the right to remain married is properly recognized as a fundamental liberty interest protected by the Due Process Clause of the [14th Amendment of the] United States Constitution. ..."

"The question is presented 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). Under the Constitution of the United States,” Black continued, “the answer is no.” 2

As a result of Judge Black's ruling, same-sex couples are still not allowed to be married in Ohio; their marriages solemnized elsewhere are still not recognized in Ohio. However if they are legally married elsewhere and return to Ohio, then their death certificates will indicate that they were married. This is a significant step because it can make a major impact on inheritance taxes, etc. It is almost certain to be expanded in the future as a result of new lawsuits.

horizontal line

2013-DEC: Reactions to the Judge Black's ruling:

  • Ohio State University law professor Marc Spindelman said while Black limited his ruling only to the issue of death certificates, the pressure is now on Ohio to show why it shouldn’t completely recognize out-of-state same-sex marriages – or, for that matter, allow gay marriages to be performed in the state. He said:

    "It’s hard to see how the ruling remains limited to the context of death certificates for very long." 2

  • Human Rights Campaign President Chad Griffin issued a statement saying:

    "In Ohio, we see the promise realized that soon no government can stand in the way of the bonds forged in sickness and health."

  • Michael Premo, campaign manager of Why Marriage Matters Ohio, issued a statement saying:

    "While we rejoice in this ruling, we are saddened that the state of Ohio would choose to compound the grief of surviving spouses by challenging the legality of their loving, committed unions. We hope the day will soon come when every Ohioan and every American can be ensured of marriage equality and equal protection under our laws, and we will not stop fighting until that day comes."

  • But Brian S. Brown, president of the National Organization for Marriage whose sole role is to prevent marriage equality issued a statement saying that Judge Black's ruling “grossly twisted” the U.S. Supreme Court’s June ruling in United States v. Windsor. He said:

    "In the process, he has issued an open invitation for gay marriage activists to bring a wider lawsuit to redefine marriage entirely. Though seemingly confined to how Ohio’s death certificates treat so-called same-sex ‘marriages’ performed elsewhere, the ruling is utterly unlawful and violates the sovereignty of the people of Ohio." 2

The article in the Plain Dealer 2 generated almost 500 comments by readers during the two days after it was posted. Three of the more interesting are:

  • "Toolsnabell" posted:

    "No such thing as a 'homosexual marriage'. All the court decisions, all the perverting of word meanings does not alter the fact that the union of a man and a woman is defined as 'marriage.

    This attempt by the radical homosexual community to normalize aberrant behavior will always have to be defended because anatomically and physiologically man was made for woman and woman for man.

    Oh and by the way, the Bible condemns the practice, and guess what folks, the Word will never die. You will!"

  • "thirdLeg51" posted:

    "You're right. There is only marriage whether it's of the same or opposite sex."

  • "writer628" posted:

    "Your kind of narrow-minded, hyper-Christian thinking was also used against inter-racial couples who wanted to marry in the 50's and 60's. It wasn't justifiable and didn't work then - and it won't work in our modern, enlightened America." 2

Mike DeWine, a spokesperson for Ohio's attorney general said that the state will appeal Judge Black's ruling to the United States Court of Appeals for the Sixth Circuit. 3

horizontal line

This topic is continued in the next essay

horizontal line

References used:

The following information sources were used to prepare and update the above essay. The hyperlinks are not necessarily still active today.

  1. Kimball Perry, "Judge rules for Ohio same-sex couple," Cincinnati Enquirer, 2013-JUL-23, at: http://www.usatoday.com/
  2. Jeremy Pelzer, "Federal judge rules Ohio must recognize same-sex marriages on death certificates," The Plain Dealer, 2013-DEC-23, at: http://www.cleveland.com/
  3. Jack Healy & Trip Gabriel, "Same-Sex-Marriage Supporters Applaud Ohio and Utah Rulings," New York Times, 2013-DEC-23, at: http://www.nytimes.com/

Site navigation: Home > Homosexuality > Same-sex marriage > Menu > Ohio > here

Copyright © 2013 by Ontario Consultants on Religious Tolerance
Originally written: 2013-JUL-24
Latest update: 2013-DEC-26
Author: B.A. Robinson

line.gif (538 bytes)
Sponsored link

Go to the previous page, or go to the "same-sex marriage in Ohio" menu or choose:

Google
Web ReligiousTolerance.org

Go to home page  We would really appreciate your help

E-mail us about errors, etc.  Purchase a CD of this web site

FreeFind search, lists of new essays...  Having problems printing our essays?

Twitter link

Facebook icon

Google Page Translator:

This page translator works on Firefox,
Opera, Chrome, and Safari browsers only

After translating, click on the "show
original" button at the top of this
page to restore page to English.

 
Sponsored links