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Federal Judge Orders Recognition of Second Ohio Same-Sex Marriage

Jim Burroway

September 4th, 2013

A U.S. District Judge has ordered that the state of Ohio and local officials to recognize the marriage of a male couple who had married out of state. The case involves William Herbert Ives and David Michener, residents of the Cincinnati suburb of Wyoming Township, who had been together for eighteen years and were raising three children. They had married in Delaware on July 22. Ives died suddenly on August 27. Judge Timothy Black ordered the state to recognize the couple’s marriage on the state’s death certificate:

Black ruled that Ohio Attorney General Mike DeWine and other state officials are restrained from enforcing Ohio’s voter-approved ban on same-sex marriages. He also ruled that Cincinnati officials cannot accept a death certificate for Ives unless it records his status as married and lists Michener as his surviving spouse.

Judge Black also ruled Michener can join the lawsuit filed by John Arthur and James Obergefell, the Cincinnati couple who had flown to Maryland to marry soon after the U.S. Supreme Court struck down Section 3 of the Defense of Marriage Act. Arthur is dying of amyotrophic lateral sclerosis (also known as Lou Gehrig’s Disease). Judge Black issued a temporary restraining order requiring the state to list the couple as spouses in the event of Arthur’s death.



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