Federal Court Decisions

Ohio Can Proceed with Congressional Redistricting Reforms – SCOTUS Approves Independent Redistricting Commissions

The U.S. Supreme Court found that nonpartisan citizen commissions may draw lines for Congressional districts, instead of state legislatures.  See Arizona State Legislature v. Arizona Indep. Redistricting Comm’n, No. 13-1314 (U.S. June 29, 2015).  Now Ohio can move forward with H.J.R. 2, a proposal to amend the Ohio Constitution to make the redistricting process more […]

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Same Sex Marriage Ban Language May Remain in Ohio Constitution, Even Though Supreme Court Ruling Makes it Unenforceable

In  Obergefell v. Hodges, No. 14-556 (U.S. Jun 26, 2015), the United States Supreme Court held in a 5-4 decision that the Fourteenth Amendment’s equal protection clause prohibits states from denying marriage licenses to same sex couples. Obergefell also requires states to recognize the same-sex marriages of other states.  Thus, Ohio Constitution Article XV Section 11, stating that

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Sixth Circuit Upholds Ohio Constitution’s Same Sex Marriage Ban

In DeBoer v. Snyder, the federal Sixth Circuit Court of Appeals overturned two Ohio District Court decisions finding that Ohio must recognize same sex marriages validly entered into in other states.   The  U.S. District Court decisions are Henry v. Wymyslo, United States District Court for the Southern District of Ohio, 1:14-cv-00129 (see our prior post) 

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Federal Judge Holds Ohio’s Same-Sex Marriage Recognition Ban Unconstitutional

Judge Black, U.S. District Court, Southern District of Ohio, held that, “Ohio’s marriage recognition bans are facially unconstitutional and unenforceable under any circumstances.”  Article 15, Section 11, of the Ohio Constitution, to the extent it prohibits the recognition in Ohio of same-sex marriages valid in other states, is struck down as being in violation of the

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Federal Judge to Strike Down Ohio’s Ban on Recognizing Out of State Same-Sex Marriages

In an order dated 4/4/2014, Federal Judge Timothy Black stated “The Court anticipates striking down as unconstitutional under all circumstances Ohio’s bans on recognizing legal same-sex marriages from other states.”  The case, Henry v. Wymyslo, United States District Court for the Southern District of Ohio, 1:14-cv-00129, was filed by same-sex couples married outside of Ohio

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Federal Judge Rules Ohio Constitution’s Gay Marriage Amendment Likely Violates Equal Protection

Southern District of Ohio judge, Timothy S. Black, granted a temporary restraining order prohibiting the Cincinnati Department of Health from accepting a death certificate for Plaintiff John Arthur that does not record his status at the time of death as “married” and his “surviving spouse” as James Obergefell.  The court found that it is likely

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