Ohio is on the road to equality now that a federal court has declared Ohio’s ban on recognizing out-of-state marriages of same-sex couples as unconstitutional.
OH-IO, OH-IO, OH-IO!
In a strongly worded ruling, a federal court in Ohio, on Tuesday, declared Ohio’s ban on recognizing out-of-state marriages of same-sex couples unconstitutional in all respects. The opinion further extends “heightened scrutiny” – a high level of judicial review – to its review of the harms suffered by children of same-sex parents when they are denied birth certificates listing both parents, and finds that the State of Ohio has no justification to discriminate against them in this way.
The Court also held that the state violates the Full Faith and Credit Clause of the Constitution by denying recognition to out-of-state adoption decrees and by refusing to amend the birth certificates of Ohio-born children.
Susan Sommer, Lambda Legal’s Director of Constitutional Litigation, says, “This is a great day for fairness and respect for Ohio families. This powerful opinion affirms what we have been arguing all along: These couples’ marriages were disrespected by Ohio’s discriminatory laws, and created not only a second-class of families by nullifying legal marriages from other states, but also a second-class of parents, where one could be listed on a birth certificate and one could not.
We’re thrilled for our plaintiff families and will continue to pursue relief for all same-sex couples and their children in Ohio.”
Ohio is on the right road for all equality and fairness. Will it soon join the other 17 states that have legal same-sex marriage in the near future? With the ruling in April, the outlook appears to be a possibility. Judge Timothy Black made the victory demand but expressed that even though he doesn’t think the state’s appeal will succeed, there is a chance that his decision could be overturned.
“The court recognizes the recognition of same-sex marriages is a hotly contested issue in the contemporary legal landscape, and, if (the) appeal is ultimately successful, the absence of a stay is likely to lead to confusion, potential inequity and high costs,” said Black.
“Premature celebration and confusion do not serve anyone’s best interests.” Judge Black wants the ruling to stick before the celebration should really begin. An appeal could take months so he urges the state of Ohio to be patient for a little longer.
The LGBT voices in Ohio are growing louder. The decision that came didn’t come without help and struggle from people who desperately wanted to see some sort of stride into the future. “The struggle for marriage equality in Ohio has been a multi-prong push,” said GetEQUAL Ohio activist and Columbus resident Autumn Leaf.
“The work in the courts, alongside the work in the streets, has created a rising tide that brings us to today’s announcement.” More work will have to be done to expand the progress in the state. “More suits will follow, to expand that right (to marry) to all Ohioans,” said Leaf.
Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy work.