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Judge grants injunctive relief to Ohio married couple

Timothy Kincaid

July 22nd, 2013

John Arthur and Jim Obergefell married last week in Maryland. It is a marriage that is doomed to be short, as Arthur has ALS and is not expected to live much longer.

Upon returning, they sued in Federal Court to have Ohio, their home state, recognize their marriage. In 2004, voters amended the Ohio Constitution to limit recognition of marriage to opposite-sex couples.

Today Federal Judge Timothy S. Black ordered that the State of Ohio recognize the marriage and list the couple as married on Arthur’s death certificate.

This Court finds that Plaintiffs have established by clear and convincing evidence their entitlement to injunctive relief. Accordingly, Plaintiffs’ motion for a temporary restraining order (Doc. 3) is GRANTED, and a temporary restraining order shall issue by separate order, directing, inter alia, that the local Ohio Registrar of death certificates is hereby ORDERED not to accept for recording a death certificate for John Arthur whichdoes not record his status as “married” and/or does not record James Obergefell as Mr.Arthur’s “surviving spouse” at the time of Mr. Obergefell’s death, which is imminent.

Ohio recognizes heterosexual marriages in other states that it would not allow to be conducted within its borders (first cousins, for example) provided that the marriage was legal where conducted. While this order is not a ruling on the merits of the case, it seems a foregone conclusion that Judge Black will find for Arthur and Obergefell when this case is determined.

Comments

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Russ
July 22nd, 2013 | LINK

Source of the quote?

Timothy Kincaid
July 23rd, 2013 | LINK

Sorry, Russ. Fixed.

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