Proponents of marriage equality have been on quite a winning streak in the courts, targeting anti-gay laws in states across the country. That streak continued this morning in Ohio.
U.S. District Court Judge Timothy Black has formally ruled that Ohio must recognize same-sex marriages performed legally in other states, but he put a hold on his order for the time being.“Ohio’s marriage recognition is facially unconstitutional and unenforceable under any circumstances,” Black said in an order he announced verbally 10 days ago.“It is this court’s responsibility to give meaning and effect to the guarantees and of the U.S. Constitution and all American citizens and that responsibility is never more pressing than when the fundamental rights of some minority citizens are impacted by the legislative power of the majority.”
To be sure, the judge in this case had already made clear that this ruling was coming, but for civil-rights advocates, that doesn’t detract from the satisfaction that comes with another victory.
Indeed, note that Black was fairly aggressive in smacking down Ohio’s argument, concluding that the record “is staggeringly devoid of any legitimate justification for the State’s ongoing arbitrary discrimination on the basis of sexual orientation.”
The case did not address whether or not same-sex couples can be married in Ohio, only whether same-sex marriages performed in other states should be legally recognized in the Buckeye State.
As for the current state of the law in Ohio, in light of the ruling, Chris Geidner reported, “The ruling is stayed, or put on hold, with Black inclined to issue a stay pending appeal as to the full recognition ruling. Black wrote, though, that he is inclined not to issue a stay ‘as to the as-applied claims of the four couples who are Plaintiffs because they have demonstrated that a stay will harm them individually due to the imminent births of their children and other time-sensitive concerns,’ but he announced in his ruling that he will be taking views from both the couples and the state on the question over the next day before deciding whether to issue a stay as to the four couples.”
For those keeping score, the Ohio ruling this morning comes on the heels of related victories in Michigan, Virginia, Kentucky, Oklahoma, Utah and Texas, just from the last few months.