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Friday, April 04, 2014

Courts - Ohio federal judge to rule valid out-of-state SSMs must be recognized within Ohio; status of states bordering Indiana [Updated again]

Lyle Denniston reports this afternoon in a SCOTUSblog post that begins:

A federal judge in Cincinnati, who had already ruled that same-sex couples married in other states must have some legal rights when they live or give birth in Ohio, said Friday that he will shortly rule that they must have full marital equality. Thus, a case that started out as a dispute over names on birth certificates would be transformed into a broader decision that Ohio must recognize valid gay and lesbian marriages performed elsewhere.

During a hearing in his court on Friday, U.S. District Judge Timothy S. Black disclosed that he plans to issue the new ruling within ten days. The entry on the docket confirming his intention can be read here. State officials told news organizations in Ohio that they would promptly appeal to the U.S. Court of Appeals for the Sixth Circuit.

The case is Henry v. Wymyslo (District Court docket 14-129). * * *

Lawyers for the couples have been attempting in recent weeks to get their case expanded into a challenge to any Ohio provision that bars recognition of out-of-state same-sex marriages. On Friday, the judge indicated he would allow that, and struck down all such restrictions.

The case, however, does not involve Ohio’s ban on new same-sex marriages within the state. The voters of Ohio approved that ban in 2004 by a margin of sixty-two to thirty-eight percent.

Last December, in another case, Judge Black ruled that Ohio must treat same-sex couples who were married in other states the same, for purposes of entering a spouse’s name on the death certificate of the other spouse.

Status of states bordering Indiana:In Indiana, as posted here yesterday, federal Judge Richard Young this afternoon is holding a conference via telephone on whether a Temporary Restraining Order and Preliminary Injunction should be granted permitting recognition of their marriage to a lesbian couple who reside in Indiana, where one partner is terminally ill and the couple was legally married outside Indiana.

[Updated at 3:45] Barbara Berggoetz ‏@barbberg has tweeted: U.S. Dist Ct. Judge Richard Young set April 10 hearing on temporary restraining order filed by gay couples challenging Ind. marriage law.

[Updated at 3:56] From a reader:

Judge Young held a pretrial conference this afternoon in all five of the same sex marriage cases. Plaintiffs' Dispositive motions/Preliminary injunction motions are due by April 21st. The court is holding a hearing in Evansville on April 10, 2014 regarding the temporary restraining order sought by Lambda Legal on behalf of its clients.

Posted by Marcia Oddi on April 4, 2014 03:14 PM
Posted to Courts in general