Ohio District Court Ruling Hints at Challenges to Come Regarding State Laws Banning Same-Sex Marriages

The U.S. District Court for the Southern District of Ohio on July 23 granted a temporary restraining order banning enforcement of Ohio’s ban on recognizing same-sex marriages performed in another state, Maryland (Obergefell et al v. Kasich et al).

The case shows that there likely will be additional challenges to State laws banning or preventing the recognition of same-sex marriages, in light of the U.S. Supreme Court’s ruling last month that section three of the Defense of Marriage Act (DOMA) regarding the federal government’s ban on recognizing same sex marriages is unconstitutional. The Supreme Court’s decision left intact Section 2 of DOMA which allows states to refuse to recognize same sex marriages from another state.

“While the holding in Windsor is ostensibly limited to a finding that the federal government cannot refuse to recognize state laws authorizing same sex marriage, the issue whether States can refuse to recognize out-of-state same sex marriages is now surely headed to the fore,” District Court Judge Timothy Black wrote, further noting that Justice Scalia predicted in his dissent that this would occur.

ERIC members and trial members can read more here.

A copy of Obergefell et al v. Kasich et al is available here.