Terminally ill man and his husband fight to force Ohio to recognize their marriage, and judge agrees
Terminally ill man and his husband fight to force Ohio to recognize their marriage, and judge agrees
byLaura Clawson
USA flag in the form of a gay rainbow flag The Supreme Court's decision striking down part, but not all, of the Defense of Marriage Act is starting to make itself felt in challenges to the other parts of DOMA. In Ohio, that's happening in an immediate and personal way, with a married couple pressing to have their marriage recognized by the state of Ohio after the death of one, which is expected soon due to amyotrophic lateral sclerosis (ALS). And they have a federal judge backing them up:
“The end result here and now is that the local Ohio Registrar of death certificates is hereby ORDERED not to accept for recording a death certificate for John Arthur that does not record Mr. Arthur’s status at death as ‘married’ and James Obergefell as his ‘surviving spouse,’” Judge Timothy Black wrote in granting the couple a temporary restraining order Monday. The order is in effect until 5 p.m. Aug. 5, unless the court extends the order at a later date.
“By treating lawful same sex marriages differently than it treats lawful opposite sex
marriages,” the judge concluded, Ohio’s 2004 constitutional amendment banning recognition of same-sex
couples’ marriages and Ohio’s statute addressing the same issue “likely violate the United States Constitution.”
http://www.dailykos.com/story/2013/07/23/1225873/-Terminally-ill-man-and-his-husband-fight-to-force-Ohio-to-recognize-their-marriage-and-judge-agrees