Ohio must recognize gay couple's marriage, judge rules
— A federal judge in Ohio has ordered state officials there to recognize the Maryland marriage of a terminally ill gay Cincinnati man on his state death certificate.
The man and his husband, who were wed in Maryland, where gay marriage is legal, expect he will die soon.
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In his decision Monday, (U.S. District Judge Timothy S.) Black wrote that his order restraining the state from enforcing its laws applied to Arthur and Obergefell only, through Aug. 5 or as extended by the court. It will not affect Ohio or its other citizens, the order said.
But Black also took aim at the state's current law, saying Arthur and Obergefell were "not currently accorded the same dignity and recognition as similarly situated opposite-sex couples" in Ohio.
Black referred to the recent U.S. Supreme Court decision overturning the federal law banning federal recognition of same-sex marriages performed in states where they are legal, and he challenged the notion that Ohio could pick and choose which out-of-state marriages to recognize — even among those that would be illegal in Ohio.
Black found that Ohio recognized opposite-sex marriages between first cousins and minors that are legally performed in other states, though they are otherwise illegal in Ohio.