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Federal judge extends temporary restraining order blocking Ohio officials from enforcing anti-gay marriage law against a same-sex couple

LGBT Legal Cases Marriage equality Marriage Equality Trials

Ohio state seal

The federal judge in Ohio who ruled in favor of a same-sex couple’s request to have their marriage recognized in the state has now extended his temporary restraining order barring enforcement of Ohio’s anti-gay marriage laws against the couple. The order, which applies only to the same-sex couple who sought to have a death certificate recognized (one of the men has ALS, known as Lou Gehrig’s disease, and the couple wants to be recorded as ‘spouses’) was already extended past the original date twice. The latest filing extends the order “until December 31, 2013, or to the date of decision on the merits” and the judge notes that the order is being extended “in accordance with” the case management plan, so that the issue can be fully resolved.

In a separate filing, the judge laid out the case management plan. The plaintiffs will file their motion for a judgment on the merits on October 29, and an oral argument on that motion will be held December 18.

The text of the case management plan is here:

“ORDER ESTABLISHING CASE MANAGEMENT PLAN: Defendants’ Answer/Response: 9/13/2013. File Stipulations: 9/27/2013. All Parties File and Exchange Expert Declarations/Opinions. 10/11/2013. All Parties Exchange Rebuttal Expert Declarations/Opinion: 10/25/2013. Close of Discovery: 10/25/2013. Plaintiffs’ Motion for Declaratory Judgment and Permanent Injunction: 10/29/2013. Defendants’ Response to Motion: 11/18/2013. Plaintiffs’ Reply: 12/2/2013. Oral Argument on Motion: 12/18/2013 at 10:00 a.m., Cincinnati, Courtroom #1, Room 805. Signed by Judge Timothy S. Black on 8/13/2013. (mr1) (Entered: 08/13/2013)”

A local news report notes that the previous order had been set to expire in less than a week.

Thanks to Kathleen Perrin for this filing and information

1:13-cv-00501 #19 by EqualityCaseFiles

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