UPDATED: A FEDERAL JUDGE HAS ORDERED THE STATE TO RECOGNIZE THE SAME-SEX MARRIAGE.
Two Ohio men have filed a federal lawsuit alleging Ohio violates the U.S Constitution by denying legal recognition to same-sex couples married in states where gay marriage is legal.
James Obergefell and John Arthur of Cincinnati filed the lawsuit in Cincinnati against Ohio's governor, attorney general and the Cincinnati health department registrar, who files death certificates. The men, a couple of 20 years, took an emergency plane trip to Maryland to marry.
Arthur is ailing – he has ALS or Lou Gehrig's Disease – and the lawsuit specifically says the men want Arthur's eventual death certificate to state that he was married to Obergefell. They asked for an expedited hearing because of Arthur's health.
A federal judge on July 22 ordered the state to recognize the marriage, finding that the state ban 'violates rights secured by the … United States Constitution in that same-sex couples married in jurisdictions where same sex marriages are valid who seek to have their out-of-state marriage accepted as legal in Ohio are treated differently than opposite sex couples who have been married in states where their circumstances allow marriage in that state but not in Ohio."
However, Republican Ohio Attorney General Mark DeWine, who as a U.S. senator pushed for a federal constitutional ban on same-sex marriage, has pledged to defend the anti-gay state law.
On the Web…