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Government and Politics

Attorney General DeWine says he will fight gay marriage ruling
DeWine says ruling violates the Ohio Constitution, and that the decisions are best left to the states.

Jo Ingles
Attorney General Mike DeWine says they will fight for against further gay marriage rulings.
Courtesy of Ohio Attorney General
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Ohio Attorney General Mike DeWine expects the court fight to continue over Ohio’s gay marriage ban.

The week, a federal judge granted a restraining order against Ohio’s ban on recognizing same-sex marriages performed in other states. The case was brought by two Cincinnati men, one of whom is dying of Lou Gehrig’s disease. They were married in Maryland, and want that marriage recognized on his death certificate.

Their attorney says he plans to secure other rights for these two and other gay and lesbian couples. In an interview with Ohio Public Radio’s Jo Ingles, Attorney General DeWine explains how he thinks the case will expand.


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"This case, so far, if you look at the judge’s order is limited in its applicability to these two individuals," Dewine says. "But we only assume that the plaintiffs want to expand this and I would anticipate a full-fledged debate and litigation on the whole issue of Ohio’s law that prohibits marriage of people of the same sex. ...  It starts off with two individuals but it’s going to end up with the 6th Circuit (Court of Appeals) ruling on the constitutionality of this provision that was voted on by Ohio voters.

DeWine says he will fight any future litigation.

"Our job is to defend Ohio’s constitution and defend what voters have voted on," DeWine says. 

DeWine says it is possible that a judge could require Ohio to recognize same-sex marriages from another state.

"I don’t want to speculate what a court could do but... as the judge has indicated, there’s a high, in his opinion, there’s a high probability that the plaintiffs will be successful in this suit," DeWine says. " So this certainly could be done by a judge."

DeWine acknowledges Ohio accepts other kinds of marriages -- such as those of first cousins-- performed in other states, but not legal here. But he says that was the state's choice. 

Voters' choice and change
"The main difference is that the Ohio citizens through their Legislature, have voted to recognize that marriage," DeWine says. In the case of same-sex marriage, he notes, voters specifically approved the ban in 2004.

Overall, the attorney general maintains, "one of the arguments that we are going to be making is that this is certainly a fast-moving issue. People have a lot of different opinions about this, states are sorting this out very rapidly, and you are seeing some states go one way, some states are staying with the status quo. This is better off left in the political arena for the individuals states to work out."

DeWine says judges decision this week is narrow, and does not extend full marital rights to gay couples. 

Related Links & Resources
Cincinnati Enquirer Video on Gay Couple

Listener Comments:

newsflash, your JOB is to defend liberty and justice for ALL. Which part of ALL is the difficult part for you?

newsflash: ALL INCLUDES the gay, lesbian, bi-sesxual and transgender community.

Posted by: Bobbie Jo (Columbus, Ohio) on July 24, 2013 5:07AM
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