same sex marriage

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

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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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U.S. Supreme Court Brief Filed by Ohioans Seeking Recognition of their Same-Sex Marriages

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A brief was filed in the U.S. Supreme Court on behalf of the Ohio petitioners seeking recognition in Ohio of their valid out-of-state same-sex marriages.  The petitioners contend that the State of Ohio must list them as parents on their children’s birth certificates and recognize the spouse on death certificates if one partner dies.  Petitioners

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U.S. Supreme Court to Review Ohio Ban on Same-Sex Marriage

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The Supreme Court agreed to hear cases upholding bans in four states on same-sex marriages and  recognition of same-sex marriages legally performed in other states.   The four states involved are Ohio, Kentucky, Michigan and Tennessee.   The Court accepted two issues for review: 1) Does the Fourteenth Amendment require a state to license a marriage between two

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Sixth Circuit Upholds Ohio Constitution’s Same Sex Marriage Ban

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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) 

Sixth Circuit Upholds Ohio Constitution’s Same Sex Marriage Ban Read Post »

Revised Freedom to Marry Amendment Approved by AG

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The Freedom to Marry and Religious Freedom Amendment (Second Resubmission), Initiative Petition (PDF), was certified by the Ohio Attorney General.   The wording of the previous submission, Freedom to Marry and Religious Freedom (Resubmission), Initiative Petition (PDF), said that no religious institution would be required to perform or recognize a marriage, but did not define “religious

Revised Freedom to Marry Amendment Approved by AG Read Post »

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

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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

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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

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

Federal Judge Rules Ohio Authorities Must Recognize Valid Same Sex Marriage on Death Certificates

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Southern District of Ohio judge, Timothy S. Black, granted a permanent injunction 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 held that the failure to recognize

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Group Says Sufficient Signatures Collected to Put Gay Marriage Initiative Petition on Ohio Ballot

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FreedomOhio says that they have collected enough signatures to put an initiative petition on the ballot in November 2014 to legalize same sex marriage in Ohio.  The Freedom to Marry and Religious Freedom Amendment would repeal the Ohio Constitution’s ban on gay marriage which Ohio voters approve in 2004, and replace it with the following:

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

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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

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

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