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Supporters of same-sex marriage wave flags in the Castro neighborhood in San Francisco, California after the United States Supreme Court ruled on California's Proposition 8 and the federal Defense of Marriage Act June 26, 2013. The U.S. Supreme Court on W
It's not a ruling for full marriage equality, but a judge has ruled that Ohio must recognize same-sex marriages performed in other states:
Judge Timothy Black’s ruling on Monday criticized the state’s “ongoing arbitrary discrimination on the basis of sexual orientation.”

He says the state’s marriage recognition bans are unconstitutional and unenforceable.

The state is expected to appeal, so this, like many of the other pro-equality rulings since the Supreme Court struck down part of the Defense of Marriage Act, will not be finalized for some time. Black is temporarily staying his order to allow both sides to make arguments for and against a longer stay; if he doesn't grant the longer stay, the state will presumably ask an appeals court to do so.

Originally posted to Daily Kos on Mon Apr 14, 2014 at 09:00 AM PDT.

Also republished by Kossacks for Marriage Equality.

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Comment Preferences

  •  Yee Haw! (9+ / 0-)

    "The arc of the universe is long but it bends toward justice."  - Martin Luther King Jr.  

    The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness. -- John Kenneth Galbraith

    by Kangaroo on Mon Apr 14, 2014 at 09:07:22 AM PDT

    •  Not in friggin' Mikey DeWhiny's world (7+ / 0-)

      Justice? Not for LGBT people, not for voters, certainly not for women. Our attorney general loves to spend tax dollars appealing anything that resembles justice, fairness, and equal rights. He is a total tool, and if Ohio voters reelect him, i will puke.

      Ed FitzGerald for governor Of Ohio. Women's lives depend on it. http://www.edfitzgeraldforohio.com/

      by anastasia p on Mon Apr 14, 2014 at 09:32:51 AM PDT

      [ Parent ]

  •  I gave a one paragraph explanation (11+ / 0-)

    Marriage  is a contract that receives certain benefits from the government.  Marriage is a fundamental right.  Being gay is not something you are able to change  If you can consent to entering into a contract, and it's not a contract to engage in illegal behavior, then you can't be denied the same benefits.

    It's pretty simple.  

    Streichholzschächtelchen

    by otto on Mon Apr 14, 2014 at 09:07:29 AM PDT

  •  A big pile of cash, lit on fire. (5+ / 0-)
    The state is expected to appeal
    Because appeals are working so well now.

    ACA hits 7 million mark!

    by IB JOHN on Mon Apr 14, 2014 at 09:08:57 AM PDT

  •  "Full Faith and Credit Clause"Article IV Section 1 (5+ / 0-)

    The (Civil War) Union Forever!

    Warning - some snark may be above‽ (-9.50; -7.03)‽ eState4Column5©2013 "I’m not the strapping young Muslim socialist that I used to be" - Barack Obama 04/27/2013 (@eState4Column5).

    by annieli on Mon Apr 14, 2014 at 09:18:00 AM PDT

  •  what an exciting time to be alive (4+ / 0-)

    events are moving so quickly and so wonderfully

    and we are here as it unfolds

    Politics is like driving. To go backward put it in R. To go forward put it in D.
    DEMAND CREATES JOBS!!!
    Drop by The Grieving Room on Monday nights to talk about grief.

    by TrueBlueMajority on Mon Apr 14, 2014 at 09:18:56 AM PDT

  •  More appeals of justice (8+ / 0-)

    Once the Supreme Court sweeps away all these discriminatory laws -- which is what they clearly aim to do -- it'll be interesting to see how many wingnut bitter-enders there will be.  I'm betting they'll be relegated to the fringe of the fringe, with Birthers and anti-fluoride nutjobs.  They'll try to make this into a Roe-like fundraising opportunity, but the country is moving away from them so fast they'll look like Klan members in a decade or two.

    We have always been at war with al Qaeda.

    by Dallasdoc on Mon Apr 14, 2014 at 09:20:34 AM PDT

    •  Don't even compare it to Roe (3+ / 0-)
      Recommended by:
      commonmass, ahumbleopinion, OHdog

      because they have successfully destroyed Roe and made abortion functionally unavailable for a huge number of non-affluent women. I am on the verge of HRing anyone who spreads the canard that they don't want to ban abortion because it's such a good fundraiser. They ARE successfully banning in here in Ohio. Clinics are shutting down and poor and working women are stuck.

      If that's your idea of a losing band of bitter dead-enders, then they'll be roaring back with new DOMAs any day now.

      In Ohio, they're not gone. They control everything . And too many Democrats and progressives are ready to roll over and play dead, wallowing in their despair.

      Ed FitzGerald for governor Of Ohio. Women's lives depend on it. http://www.edfitzgeraldforohio.com/

      by anastasia p on Mon Apr 14, 2014 at 09:38:39 AM PDT

      [ Parent ]

      •  You miss my point (2+ / 0-)
        Recommended by:
        commonmass, anon004

        I'm presenting the anti-abortion zealots as a contrast with the fade-away result I expect.  I'm sure conservative homophobes would love to reproduce the success of the anti-abortion nuts, but I don't think they will.  Lacking that success, they'll be reduced to grifting for bucks from the dwindling ranks of gullible elderly homophobes and fundamentalist sheep.

        We have always been at war with al Qaeda.

        by Dallasdoc on Mon Apr 14, 2014 at 09:52:47 AM PDT

        [ Parent ]

  •  What about the full faith and credit clause? (3+ / 0-)
    Recommended by:
    commonmass, anon004, OHdog

    Can anyone explain why that doesn't apply to marriage?

    Think about the baby Jesus. Up in that tower, letting His hair down so that the three wise men could climb up and spin the dreidle and see if there's six more weeks of winter. -- Will and Grace

    by Rikon Snow on Mon Apr 14, 2014 at 09:27:56 AM PDT

    •  I haven't read the ruling, (1+ / 0-)
      Recommended by:
      Rikon Snow

      but it sure seems applicable here.  My brother and sister-in-law retired to South Carolina two years ago.  They were married here in New York thirteen years before that.  To the best of my knowledge, no one has even considered that their marriage isn't valid.  So, if a gay couple who married in New York retired to South Carolina, on what basis would they be able to refuse to recognize their marriage?  Some marriages form New York are valid but others aren't because, um gay is icky?  Not really a great argument in court.

    •  Strictly speaking the issuance of a (1+ / 0-)
      Recommended by:
      Rikon Snow

      marriage license is a "public act" and recognition of such can be subject to public policy exemptions. Judicial decisions, on the other hand, are not subject to such examptions.

      Judge Black ruled that Ohio's refusal to amend birth certificates for Ohio-born children adopted by out of state same-sex married couples (such refusal having only come into play once Kasich and DeWine took office; previously the state had no problem doing it) violated the FF&C clause.

      Unfortunately when smart and educated people get crazy ideas they can come up with plausibly truthy arguments. -- Andrew F Cockburn

      by ebohlman on Mon Apr 14, 2014 at 01:02:02 PM PDT

      [ Parent ]

    •  Same question I've asked, time and again, ever (2+ / 0-)
      Recommended by:
      Rikon Snow, sfbob

      since Massachusetts passed its Statute opening the door to full marriage rights for ALL.  But then again, in a Nation that has the likes of the Scalialito "Siamese Twins", and Clarence Thomas, on its Supreme Court, the answer is, I guess, obvious.  

      They no longer feel it necessary to deal with the Constitution as basic, much less as applying whenever and wherever the superstitiously ignorant and arrogantly stubbornly stupid Jackasses-in-the-Pulpit bray loudest of a Sunday morning in their barns.  Instead of Constitutional Law, we are now to be subject to the likes of "moral majorities" and "family values".  With a dose of "state's rights" thrown in for good measure.  After all, it's all in "defense of marriage", as that contract is fantasized by the idiotological numbskulls.

      And then, we have a piece of paper, called, "Articles of Incorporation", now to be endowed with "religious convictions", which abstract fantasies are to allow it to exempt itself from any and all Statutes, or parts thereof, it might find incompatible with its notions of how the world should run.

      Only addition I can make is another question:  What next?

    •  Judge Black cited it quite specifically (2+ / 0-)
      Recommended by:
      skrekk, bythesea

      There are cases in which the "public policy exception" can be invoked to undercut FF&C. In fact, Section 2 of DOMA (which was not contested in Windsor), existed mainly to provide a fig leaf behind which anti-equality states could continue to hide even if marriage equality were to become the law elsewhere. However, the public policy exception cannot be invoked as a sort of "get out of jail free" card.

      Ohio law generally recognizes marriages performed out-of-state which could not be solemnized there. There is, of course, one exception. That exception is also, I believe, directly stated in the law that has been struck down. The problem for Ohio is that by crafting their exception so narrowly, the question naturally arises: Why this particular exception? You recognize all other marriages, including first-cousin marriages and marriages involving a minor who would not be able to legally marry within Ohio. So why single out same-sex marriages? Obviously there is no legitimate explanation left; all possible justifications have been examined by the courts and have been refuted on the basis that in order to hold water they would end up having to void other marriages which the state continues, as a matter of policy, to recognize.

    •  Here's one analysis about FF&C (0+ / 0-)

      http://www.huffingtonpost.com/...

      In essence FF&C doesn't apply due to the "public policy exception", otherwise Loving v Virginia wouldn't have been necessary.

      However, it's always been the case that a court could order a state to recognize a particular marriage.   In this particular case (as was the case in Kentucky) the challenge was expanded to be a facial challenge based on Windsor.

  •  Democrats in Ohio need to constantly point out (8+ / 0-)

    that an appeals process is a waste of taxpayer money.

    This is a great development. It is only a matter of time before this comes before the SCOTUS. It is my hope that they would strike down all state prohibitions against same-sex marriage. Or, alternately, allow a lower court judge's ruling to stand.

    This is all moving much faster than I had envisioned when Massachusetts legalized marriage equality over a decade ago.

    Pope Francis: the Thumb of Christ in the eyes of the Pharisees.

    by commonmass on Mon Apr 14, 2014 at 09:28:39 AM PDT

    •  I only do this 20 times a day (4+ / 0-)

      DeWine appealed all the way to the U.S. Supreme Court to shut down early voting  the weekend before the 2012 election. They declined the case. Here in Cuyahoga (Cleveland) when I worked in the early vote room at the Board of Elections, we voted thousands of people on those days, most of them of a darker hue, if you catch my drift.

      DeWine is appealing the right of private corporations to deprive women of contraception. The state of Ohio has decided that women need to be stripped of control of the bodies, of opportunities, of a future. And DeWine is spending tax money to guarantee that.

      I want this fucker gone. Ohioans would be self-destructive assholes to not elect his excellent, hard-working Democratic opponent David Pepper.

      http://davidpepper.com/

      Ed FitzGerald for governor Of Ohio. Women's lives depend on it. http://www.edfitzgeraldforohio.com/

      by anastasia p on Mon Apr 14, 2014 at 09:42:01 AM PDT

      [ Parent ]

      •  Oh, the voter suppression is all about those of (4+ / 0-)

        "a darker hue", and it was great to see the President call this out at the LBJ library last week. Same thing operative in the anti-marriage equality crowd, sheer bigotry against the LGBT community.

        By the way, if you've never been to the LBJ library, you MUST go if you ever find yourself in Austin, which is the best place in Texas to find oneself visiting. The first time I was there I actually wept looking at the wall which contains every bill of the Great Society. Unlike many people of my parent's generation, LBJ happens to be a great hero of mine, only behind FDR and ahead of JFK. (Tied with RFK, though.)

        Pope Francis: the Thumb of Christ in the eyes of the Pharisees.

        by commonmass on Mon Apr 14, 2014 at 09:47:47 AM PDT

        [ Parent ]

  •  While the judge is issuing a temporary stay (6+ / 0-)

    to allow for arguments before him, he has indicated that while he is inclined to grant a general stay, he is not inclined to issue a stay with regard to the four couples who brought this action.

    I’ve said before, I will always work with anyone who is willing to make this law work even better. But the debate over repealing this law is over. The Affordable Care Act is here to stay. -- President Barack Obama

    by Its the Supreme Court Stupid on Mon Apr 14, 2014 at 09:29:34 AM PDT

    •  In an inexplicable fit of sense, DeWine (1+ / 0-)
      Recommended by:
      bythesea

      has announced his agreement with the judge on both aspects (he's asking for a stay on the general application, but not for the specific plaintiffs).

      Unfortunately when smart and educated people get crazy ideas they can come up with plausibly truthy arguments. -- Andrew F Cockburn

      by ebohlman on Mon Apr 14, 2014 at 01:15:30 PM PDT

      [ Parent ]

  •  hey....if Ohio has to recognize these marriages (2+ / 0-)
    Recommended by:
    commonmass, skip945

    because of laws in other states, can I get Georgia to recognize Colorado's legalization of  marijuana so I can enjoy it here and stop worrying about having cops ruin my life?

    Seems fair to me.

    "Precedence".

    Legal means "good".
    [41984 | Feb 4, 2005]

    by xxdr zombiexx on Mon Apr 14, 2014 at 09:30:08 AM PDT

  •  Full Faith and Credit! (6+ / 0-)

    Heterosexual male from Ohio here, by way of background, and a full supporter of same-sex marriage.  Ohio follows the "full faith and credit clause" of the Fourteenth Amendment when it comes to most marriages.  Ohio has no provision for common-law marriages, but if a couple from a state where common-law marriages is recognized moves to Ohio, we recognize them.  Other states have lower age limits for marriages, or permit closer degrees of relatedness than we do, but we recognize those marriages as well.

    As far as I'm concerned, not recognizing same-sex marriages is simply discrimination and animus.  If I were the judge, I'd not stay the ruling, and since tomorrow is April 15th, I'd allow any married same-sex couple to re-file their state taxes as a married couple.

    That and bill the Republican party for any appeal costs.  Why should I have to pay for the state Attorney General to waste my tax money on a sure loser of a case.

    The Scout Law (trustworthy, loyal, helpful...) is a GREAT liberal manifesto.

    by DaytonMike on Mon Apr 14, 2014 at 09:31:07 AM PDT

    •  I completely agree: it is a waste of (3+ / 0-)
      Recommended by:
      DaytonMike, anon004, bythesea

      taxpayer money, and if the AG is a Republican, than he or she is being hypocritical to waste taxpayer dollars no matter what he or she thinks about same-sex marriage.

      What has happened over the last decade is that many of the arguments used against same-sex marriage have been shown to be demonstrably false. No heterosexual marriage or family has been damaged by same-sex marriage, nor children harmed, and God has not smited us with his mighty staff. Furthermore, in the decade since the Goodridge decision in Massachusetts, many mainline Christian churches have not only decided to support marriage equality, but have begun to conduct these unions in their churches. My denomination has even developed a beautiful rite for the blessing of same sex marriages which is sensitive to LGBT persons.

      Fact is, marriage equality is coming, and there is no stopping it.

      Thank you for your support for marriage equality. The most important voices in this struggle are those of our straight allies.

      Pope Francis: the Thumb of Christ in the eyes of the Pharisees.

      by commonmass on Mon Apr 14, 2014 at 09:38:36 AM PDT

      [ Parent ]

      •  Same-sex couple in our church (4+ / 0-)
        Recommended by:
        commonmass, anon004, sfbob, bythesea

        Our (Episcopal) rector got in a little trouble with our bishop when a same-sex couple from our church wanted to celebrate 25 years together.  He and a past rector officiated, and conveniently stepped away when they exchanged rings.  That was about five years ago.

        With federal recognition of same-sex marriages, they both travelled to New York (the family home of one of the couple) and were legally married there.  Our rector went along to be there, even if he couldn't officiate in another state.

        My wife hangs out with one of the couple on altar guild.  So far, it hasn't affected my marriage at all, although if I went against same-sex marriage, my kids might disown me and I might get banished to the couch.

        The Scout Law (trustworthy, loyal, helpful...) is a GREAT liberal manifesto.

        by DaytonMike on Mon Apr 14, 2014 at 10:05:03 AM PDT

        [ Parent ]

        •  Well, General Convention approved a new rite (2+ / 0-)
          Recommended by:
          DaytonMike, bythesea

          for same-sex couples last year. If you haven't seen it, you can download it on line. Like everything in the BCP, it's just beautiful and particularly geared towards affirming the dignity of same-sex couples.

          Now, this rite as it stands today, is for use in Dioceses in states where same-sex marriage is legal, as far as I know. But it's an official part of the church and I'm very proud of that.

          By the way, the Rector could have petitioned the Bishop in New York for temporary faculties and could have presided if the Bishop gave his or her permission. Your Rector may not have done that so as to avoid tension with his or her own Bishop.

          The Episcopal Church is just so way cool in so many ways. Makes me proud to be an Episcopalian.

          Have a good and reflective Holy Week.

          Pope Francis: the Thumb of Christ in the eyes of the Pharisees.

          by commonmass on Mon Apr 14, 2014 at 10:15:14 AM PDT

          [ Parent ]

          •  Our current buishop... (1+ / 0-)
            Recommended by:
            commonmass

            ...Tom Breitenthal has approved using that liturgy or a variant of it for blessings of same-sex unions here in Southern Ohio, with a few caveats.  Approval has to be gained from the parish and clergy that would perform the service, and from the bishop as well (just like remarriage after divorce), at least one of the partners must be a member of the parish, and no parish or clergy can be force to perform the service against it's or his/her conscience.  It just hasn't yet happened at our parish, but 'm sure it will.  

            The Scout Law (trustworthy, loyal, helpful...) is a GREAT liberal manifesto.

            by DaytonMike on Mon Apr 14, 2014 at 10:33:25 AM PDT

            [ Parent ]

            •  I'm glad you brought up divorce. Lots of people (1+ / 0-)
              Recommended by:
              bythesea

              don't know that while remarriage after divorce is possible (and happens often) in the Episcopal Church, you do have to have permission from your Bishop.

              However, comparing same-sex marriage to divorce and remarriage is a little offensive. Though, on the other hand, obviously your Diocese is in a transitional phase on this issue and I am glad you are.

              You and/or your wife should get yourselves appointed delegates to your next Diocesan Convention, by the way. You guys are exactly the kind of people who should be doing that. Talk to your Rector and your Wardens and express an interest in doing that.

              Pope Francis: the Thumb of Christ in the eyes of the Pharisees.

              by commonmass on Mon Apr 14, 2014 at 10:40:07 AM PDT

              [ Parent ]

  •  Now Someone Needs to Set Up a 'Gretna Green' (3+ / 0-)
    Recommended by:
    CPT Doom, commonmass, bythesea

    town just across the border to perform no-wait marriages for Ohio residents.

    Only thing is, I don't think marriage equality exists in any bordering state does it?

    Now there'd be an interesting line of inquiry for Native reservations.

    We are called to speak for the weak, for the voiceless, for victims of our nation and for those it calls enemy.... --ML King "Beyond Vietnam"

    by Gooserock on Mon Apr 14, 2014 at 09:35:45 AM PDT

  •  The judge says, in his opinion, that the (12+ / 0-)
    backward evolution in Ohio, from granting accurate birth certificates to adoptive same-sex parents and their children (during Gov. Ted Strickland’s term), to the current administration's refusal to do so, is yet another manifestation of the irrational animus motivating defendants' discriminatory treatment of lesbian and gay families.

    I’ve said before, I will always work with anyone who is willing to make this law work even better. But the debate over repealing this law is over. The Affordable Care Act is here to stay. -- President Barack Obama

    by Its the Supreme Court Stupid on Mon Apr 14, 2014 at 09:35:46 AM PDT

  •  What is this 13/13, 14/14? (2+ / 0-)
    Recommended by:
    commonmass, Eddie L

    I'm actually losing count that this point, the lawsuits are coming so quickly and furiously. I was in Vegas on vacation a couple weeks ago, and had to ask if they'd had their law overturned yet. It's great to see.

    Cruelty might be very human, and it might be very cultural, but it's not acceptable.- Jodie Foster

    by CPT Doom on Mon Apr 14, 2014 at 09:42:33 AM PDT

  •  Strong language in the ruling. (5+ / 0-)
    Recommended by:
    commonmass, OHdog, anon004, bythesea, sfbob
    This principle is embodied by the Court’s decision today and by the ten out of ten federal rulings since the Supreme Court’s holding in United States v. Windsor — all declaring unconstitutional and enjoining similar bans in states across the country.
  •  one nation under god (0+ / 0-)

    What happened to ONE NATION UNDER GOD?? Seriously though... why else would the founding fathers put "one nation under God" in the constitution. Because it is "One nation under God". I think they should do a vote on this. Its what the people want. This is a free country.

  •  I was wondering what that explosion was (0+ / 0-)

    I live 2 blocks from the state house in Columbus.
    Why, I do declare it was the sweet sound of republtard heads exploding.

    Jesus only performs miracles for people with enough time on their hands to make that crap up.

    by KneecapBuster on Mon Apr 14, 2014 at 12:16:08 PM PDT

  •  Judge Black today granted a stay on the facial (0+ / 0-)

    challenge, but refused to grant one on the plaintiffs' as-applied challenges and specifically ordered the state to list both parents on their children's birth certificates.

    So at the moment the ruling is in force for four couples (three are expecting children; one out-of-state couple adopted a child born in OH and was being stymied by the state's refusal to amend the child's birth certificate to recognize them as parents).

    Unfortunately when smart and educated people get crazy ideas they can come up with plausibly truthy arguments. -- Andrew F Cockburn

    by ebohlman on Wed Apr 16, 2014 at 10:56:48 AM PDT

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