April 14, 2014
From the opinion:
The record before the Court, which includes the judicially-noticed record in Obergefell, is staggeringly devoid of any legitimate justification for the State’s ongoing arbitrary discrimination on the basis of sexual orientation, and, therefore, Ohio’s marriage recognition bans are facially unconstitutional and unenforceable under any circumstances.
The ruling doesn’t require the state to perform same-sex marriages.
There’s a stay pending briefing on whether the judge should issue a stay pending appeal. Briefing on the stay is due to be completed tomorrow. The opinion notes that the judge is not inclined to stay the effects of the ruling on the plaintiffs to the case, but he is inclined to stay the effects of the ruling striking down the non-recognition provisions for all same-sex married couples.
The Court STAYS enforcement of this Order and the Permanent Injunction until the parties have briefed whether or not this Court should fully stay its Orders until completion of appeal to the United States Court of Appeals for the Sixth Circuit and the United States Supreme Court. The Court is inclined to stay its finding of facial unconstitutionality but not to stay the Orders as to the as-applied claims of the four couples who are Plaintiffs because they have demonstrated that a stay will harm them individually due to the imminent births of their children and other time-sensitive concerns. The Court inclines toward a finding that the issuance of correct birth certificates for Plaintiffs’ children, due in June or earlier, should not be stayed. The Court is further inclined to conclude that the Defendants will not be harmed by compliance with the requirements of the United States Constitution. Nevertheless, Plaintiffs shall file today their memorandum contra Defendants’ oral motion to stay, and Defendants shall file a reply memorandum before 3:00 p.m. tomorrow. The Court shall then rule expeditiously.
Thanks to Kathleen Perrin for this filing
For more information on Obergefell v. Wymyslo from The Civil Rights Litigation Clearinghouse, click here.