US District Court Judge Timothy S. Black ruled on Monday that Ohio must recognize the marriages of same-sex couples who married out of state. The State intends to appeal to the US Court of Appeals for the Sixth Circuit. So, Judge Black has issued a partial stay. The ruling invalidating the marriage ban is stayed pending appeal, however the eight plaintiffs in the case will have their marriages recognized immediately.
Below the fold are some of Judge Black's quotes explaining the ruling.
Judge Black noted in the ruling that he does not believe that the state will be successful in their appeal of the ruling. He then quoted Judge Heyburn's decision to issue a stay in the Kentucky marriage equality case. And, then he made the following comment explaining the stay:
[T]he Court acknowledges that recognition of same-sex marriages is a hotly contested issue in the contemporary legal landscape, and, if Defendant Himes's appeal is ultimately successful, the absence of a stay as to this Court's ruling of facial unconstitutionality is likely to lead to confusion, potential inequity, and high costs.
Judge Black then went on to discuss his decision as it relates to the eight individual plaintiffs in the case:
The same considerations and costs do not attach to Plaintiffs' as-applied claims, however, as Plaintiffs have demonstrated that a stay will irreparably harm them individually due to the imminent births of their children and other time-sensitive concerns, (as well as due to the continuing Constitutional violations).
He ended the ruling with this order:
Ohio shall issue birth certificates for Plaintiffs’ children which list both lawfully married same-sex spouses as parents.
via
Metro Weekly
BuzzFeed is reporting that Ohio will not appeal the denial of the stay relating to the four same-sex plaintiff couples.