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 a same sex marriage valid in another state violates the Due Process clause of the U.S. Constitution, as well as the Equal Protection clause. See Obergefell v_Kasich_, No. 1:13-CV-501 (S.D. Ohio Dec. 23, 2013).
Attorney General Mike DeWine plans to appeal the case to the 6th U.S. Circuit Court of Appeals. The ruling is expected to result in more litigation aimed at striking down the gay marriage ban in the Ohio Constitution, which voters approved in 2004. See NewsChannel5.com article.
Amending the Ohio Constitution to remove the gay marriage ban may be on the ballot in 2014. See Group Says Sufficient Signatures Collected to Put Gay Marriage Initiative Petition on Ohio Ballot
See our prior post Federal Judge Rules Ohio Constitution’s Gay Marriage Amendment Likely Violates Equal Protection
