U.S. District Court judge Timothy Black has kept his word, and today officially ruled that the state of Ohio must recognize legal civil same-sex marriages from out of state. Earlier this month the judge announced he would issue this ruling, giving the state time to prepare an appeal. In what has become a regular move in federal marriage cases, the ruling is stayed — placed on hold — while the state appeals.
“Ohio’s marriage recognition bans are facially unconstitutional and unenforceable under any circumstances,†Judge Black ruled.
The ruling is directly related to issues of adoption and birth certificates, and in what is an unusual move, the final page of the judge’s ruling includes the lyrics to a song, “Happy Adoption Day.”
The ruling does not end the state of Ohio’s ban on same-sex marriage, nor will it have any immediate effect.
However, as Freedom to Marry notes, today’s ruling “is now the eleventh huge federal court victory in favor of the freedom to marry since the United States Supreme Court ruled in Windsor v. United States.”
“Couples who are married should be treated as married no matter where they are in the country, including Ohio,” Freedom to Marry founder and president Evan Wolfson said in a statement. “Couples should not have to play ‘now you’re married, now you’re not’ as they travel, work, move, or return home. This is a good day for families and businesses in Ohio, and a good day for the Constitution and America.”
In July, Judge Black ordered the state of Ohio to recognize one same-sex couple’s marriage, noting that not doing so would likely be considered discrimination and therefore unconstitutional. The one member of the couple was terminally ill.
An Ohio state Representative is attempting to impeach Judge Black over his marriage rulings.
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Image: Judge Black