News
News Home
Quick Bites
Exploradio
News Archive
News Channel
Special Features
NPR
nowplaying
On AirNewsClassical
Loading...
  
School Closings
WKSU Support
Funding for WKSU is made possible in part through support from the following businesses and organizations.

Northeast Ohio Medical University

Cedar Point

The Holden Arboretum


For more information on how your company or organization can support WKSU, download the WKSU Media Kit.

(WKSU Media Kit PDF icon )


Donate Your Vehicle to WKSU

Programs Schedule Make A Pledge Member BenefitsFAQ/HelpContact Us
Politics


Federal judge continues to block his own gay marriage ruling in Ohio
The order that Ohio recognize same-sex marriages performed in other states is heading to the 6th Circuit Cort of Appeals, so only the four couples directly affected will be immediately impacted by the decision
by WKSU's STATEHOUSE CORRESPONDENT JO INGLES


Reporter
Jo Ingles
 
Although federal Judge Tim Black says he believes Ohio should recognize legal gay marriages, he continues to block his ruling from taking effect.
Courtesy of United States District Court
Download (WKSU Only)
In The Region:
The federal judge who earlier this week ruled Ohio must recognize gay marriage will continue to block that ruling from taking effect for most Ohioans. Ohio Public Radio’s Jo Ingles has more.
LISTEN: Federal judge can't block four families suing Ohio

Other options:
Windows Media / MP3 Download (3:56)


LISTEN: Federal judge can't block four families suing Ohio abbreviated version

Other options:
Windows Media / MP3 Download (0:57)


Federal Judge Timothy Black says he thinks Ohio should recognize legal gay marriages performed in other states.  But he continued to block that ruling from taking effect while the state appeals to the 6th Circuit Court of Appeals.  Black will, however, allow the four gay couples who want to be listed as parents on their children’s birth certificates to do that.

Dan Tierney with the Ohio Attorney General’s office says this ruling was expected.

“The state had requested that Judge Black stay his order with the exception of the named plaintiffs' requests for birth certificates. The judge seems to have granted that request in full.”

Tierney says the attorney general’s office did not fight to keep the four couples from being named on the birth certificates, so he says those documents could be issued soon.

“Three of the four couples are expecting. One couple are adoptive parents. So the issue of them getting the documents at this time may not be right as the births have not occurred for the majority of the named plaintiffs.”

An important step
Al Gerhardstein, the attorney who represents the four couples in this case, sees this ruling as a positive step forward for gay couples in Ohio.

“For at least these four couples, Ohio is a very affirming place, a place where their families are going to be valued.  ... The birth certificates of their children are going to list both parents and that’s very exciting. The implementation of same sex marriage recognition more broadly is going to be delayed but we will try to expedite the appeals process so full marriage recognition for all same-sex couples doesn’t trail very far behind.”

American Civil Liberties Union of Ohio Spokesman Nick Worner is also excited about this ruling.

“I think we are a step closer. The appellate court process is a slow process. The Supreme Court process is a slow process. But this is a really historic moment and it marks the beginning of something very exciting, I hope.”

A wish for more time
A Columbus-area lawyer had hoped there would have been some time between this ruling and the point at which a stay was granted by the 6th Circuit. Carol Fey had hoped to use that window to file paperwork to ask the courts to allow her and her partner to adopt the children they have raised. While they have a legal agreement in place for years, they have never been, under Ohio law, able to adopt their children.

“We operate internally as a family, but there are things that, legally speaking, don't work very well until you can have both parents be legally recognized by parents, and that takes adoption.”

Jonathan Entin is a political science and law professor at Case Western Reserve University. He says while the judge’s ruling in this case only affects these four couples, other couples in similar situations could use this ruling as a basis for future lawsuits.

“Anybody else who came in would presumably point to Judge Black’s ruling to say that his reasoning should control here, not because it is binding but simply because, those other folks will say, he got it right.”

An opponent of gay marriage says Judge Black is a liberal federal judge. Phil Burress thinks the state has a good shot of winning the appeal in this case.

“When it gets to the 6th Circuit Court of Appeals, then we will have judges who will interpret the law, not legislate from the bench.”

There is no timetable for when the appeals court will take up the case.

Add Your Comment
Name:

Location:

E-mail: (not published, only used to contact you about your comment)


Comments:




 
Page Options

Print this page

E-Mail this page / Send mp3

Share on Facebook




Stories with Recent Comments

Ohio lawmakers compromise on teacher evaluation changes
The problem schools have is too much government intervention so what do the Republicans do...add more. As a conservative this liberal style is why I left the p...

What the U.S. Supreme Court ruling means for early voting
r.gov trying to slow down voters to stop the people from voting out the r. govener

Cleveland Orchestra heads home from Europe
So proud to be a lifetime Clevelander! Yes, our Orchestra is the best ambassador a city could hope for! My wife and I happened to hear the European Festival T...

Northeast Ohio undocumented immigrants praying for a miracle
Stop it, just stop it. They are not undocumented but illegal aliens. I live in a 'sanctuary' city and it's not pretty. Dahlberg is a notorious trouble maker in ...

Ohio survey shows low-income people are choosing phones over food
Where is this study published? no sign of it on google scholar. is there a cite

The Akron Sound rocks the porches
fabulous group interview! you covered so much in so little time. wish i could be there for porch rockr.

Head of Ohio Dems says Kasich administration is lying about Suarez contacts
when Kasich's mouth is open , he's lying. Look what he did at Lehmans brothers and then lied about it all during the campaign. If a GOP didn't lie, he or she ...

Canton's Basilica of St. John absorbs news of the pope at morning Mass
Hello Chris,Marina,and Patrice, I just read this article and you all look great. I'm on facebook Jean Dutcher in blue and white stripped blouse. I"M so glad to ...

Exploradio: Avoiding the 'acting-white' trap
Growing-up black and being black should not determine that you will not speak well or will not be a high achiever in your goals in life.But society te nds to la...

Charter-school supporters to rally at Statehouse
I am on the bus now headed to the rally. Horizon is an excellent school. My son is is 7 th grade. The teachers and administrators are top notch and spend so m...

Copyright © 2014 WKSU Public Radio, All Rights Reserved.

 
In Partnership With:

NPR PRI Kent State University

listen in windows media format listen in realplayer format Car Talk Hosts: Tom & Ray Magliozzi Fresh Air Host: Terry Gross A Service of Kent State University 89.7 WKSU | NPR.Classical.Other smart stuff. NPR Senior Correspondent: Noah Adams Living on Earth Host: Steve Curwood 89.7 WKSU | NPR.Classical.Other smart stuff. A Service of Kent State University