While he didn’t say Ohio must allow same sex couples to marry, U. S. District Judge Timothy S. Black ruled that Ohio must recognize a same-sex marriage that was performed in another state.
The decision by U.S. District Judge Timothy S. Black to grant John Arthur and his husband, Jim Obergefell, a temporary restraining order against the 2004 Ohio law banning recognition of gay marriage came despite a warning from the state’s attorney general that it could contribute to a broad rewriting of Ohio law in favor of such unions.
John Arthur, one of the grooms, has ALS, or amyotrophic lateral sclerosis, and is expected to die in the near future. They were flown to Maryland to marry in a special medical jet and the wedding took place in the plane on the tarmac in Baltimore.
Picture Credit – Baltimore Sun
Had Arthur died without the state recognizing their marriage and his husband’s name, Jim Obergefell, on the death certificate they would have suffered “severe harm.”
The judge said that Ohio recognizes marriages from other states that would not be allowed in Ohio, such as first-cousin marriages or marriages involving children younger than what Ohio allows. He said the state cannot pick and choose which out of state marriages to recognize.
This ruling only affects this couple at this point. But it should be broadened to allow all same-sex couples in Ohio who are wed in other states to have their marriages recognized.
Read more in the LA Times.