For gay residents of D.C., Maryland, and 12 other states, marriage equality is guaranteed. But the rights of same-sex couples who are forced to travel outside their state to wed are still very much in question. Now it seems last month’s historic Supreme Court ruling on the Defense of Marriage Act may help secure them.
A federal judge granted an Ohio couple a temporary restraining order Monday so their marriage can be recognized on a state death certificate. John Arthur, who wed his husband Jim Obergefell on the tarmac of BWI earlier this month, is terminally ill with amyotrophic lateral sclerosis and is expected to die soon.
The Baltimore Sun has the story:
In their lawsuit against Ohio Gov. John Kasich, Ohio Attorney General Mike DeWine and Cincinnati Vital Statistics Registrar Camille Jones, the couple acknowledged Arthur is likely to die soon, and claimed the state’s refusal to recognize their marriage in Maryland, including on Arthur’s death certificate, would cause them severe harm.
In his decision Monday, 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, and that in that limited scope would not have an affect on Ohio or its other citizens.
However, Black also took aim at the state’s current law, saying Arthur and Obergefell “are not currently accorded the same dignity and recognition as similarly situated opposite-sex couples” in Ohio.
Ohio voters approved a Constitutional amendment banning same-sex marriage in 2004.
The impact of this ruling in unclear. However, Camilla Taylor, Lambda Legal’s marriage project director, told the Post the case could have broader implications for those challenging state same-sex marriage bans.
The Cincinnati Enquirer was present at the couple’s wedding and filmed it, so we could all be weepy messes.