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Old 04 September 2013, 08:06 AM
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Judge Judge orders gay man be listed as married on his death certificate

A judge has ordered that a recently deceased Ohio man be listed on his death certificate as married and his husband must be listed as his spouse despite Ohio's gay marriage ban.

http://www.foxnews.com/us/2013/09/04...h-certificate/
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Old 04 September 2013, 08:35 AM
fitz1980 fitz1980 is offline
 
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WoW an actual fair and balanced news story from Fox News. I wanted to check out the comment section, but apparently there isn't one. Guess Fox realized that as the wind was changing they don't want to provide an outlet for what their followers really think, lest what civilized people might think of them. Either way, good on them for not going the usual route and slanting it.
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Old 04 September 2013, 01:41 PM
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I don't know if that's their rational (or if it's just a broken clock being right) but I do think that any politically savvy national level conservative politician is going to start seeing that the gay marriage issue is lost and they'd be better off distancing themselves from the issue (if not outright supporting it) sooner rather than later.
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Old 04 September 2013, 02:04 PM
overyonder overyonder is offline
 
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How is this going to "stick" if the state has a ban, though?

OY
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Old 04 September 2013, 02:09 PM
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Lainie Lainie is offline
 
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It will stick unless 1) the state chooses to appeal, which it may not and 2) the appellate judge orders the death certificate to be changed. I wouldn't assume that #1 is going to happen, let alone #2.

ETA from the OP article:

Quote:
Black is the same judge who issued an order last month preventing state officials from enforcing their ban on gay marriage against another Cincinnati couple as one of them nears death from Lou Gehrig's disease.
AFAIK, the state hasn't tried to appeal that ruling, at least so far.
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Old 04 September 2013, 02:23 PM
Dr. Dave Dr. Dave is offline
 
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I support and have voted for same-sex marriage, but this article, while factual, is scant. I am curious about the following:

1. Is this a state or federal judge? I am guessing state.

2. If he is a state judge, on what grounds did he issue the ruling? Did he say that Ohio's law actually does not say that Ohio will not recognize out of state same-sex marriage, or did he say that Ohio's law does say that but that law is against the Ohio constitution, or did he say that the law does say that but it is against the U.S. Constitution (full faith and credit clause I would assume, as the recent SCOTUS ruling was not about that part.)

Does anyone know the ruling in this case or the Cincinnati case?

To clarify, I think that legally (IANAL or AJ) the full faith and credit clause should should make all parts of DOMA gone. And legislatively, I would like all states to recognize same-sex marriage. But I do not think that a judge saying "I support it, so I will rule against any infringement on it" without a rationale is the way to go.
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Old 04 September 2013, 02:38 PM
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Maybe the judge agrees with you about the full faith and credit clause. That would be a legal opinion, not a political one.

ETA: He may think that the anti-gay marriage, anti-civil union amendment to Ohio's constitution is unsupportable under the US Constitution.

FETA: IOW, my guess is that it's #2 in Dr. Dave's post. But I haven't read the ruling.
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Old 04 September 2013, 02:41 PM
Dr. Dave Dr. Dave is offline
 
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Quote:
Originally Posted by Lainie View Post
Maybe the judge agrees with you about the full faith and credit clause. That would be a legal opinion, not a political one.
Sure, I know. I was wondering if he said that in his ruling. Or, if he said that the Ohio constitution makes the Ohio DOMA no good to begin with (IIRC that has happened in other states.)

Just curious, in a court watcher kind of way.

ETA: I did not realize Ohio had a constitutional amendment rather than just a law for this. Thanks for the info.

FETA:

In the Cincinnati case, he said that the Ohio constitution likely violates the U.S constitution.

Quote:
“By treating lawful same sex marriages differently than it treats lawful opposite sex marriages,” the judge concluded, Ohio’s 2004 constitutional amendment banning recognition of same-sex couples’ marriages and Ohio’s statute addressing the same issue “likely violate[s] the United States Constitution.”
cite


Someone (maybe an appeal of this?) needs to bring the part of DOMA that violates the full faith and credit clause to SCOTUS so we can be done with it.

Last edited by Dr. Dave; 04 September 2013 at 02:49 PM.
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Old 04 September 2013, 02:50 PM
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He's not a state judge -- he serves on the US District Court for the Southern District of Ohio.

Re: the earlier case, according to Wikipedia:

Quote:
Black reasoned that because Ohio recognizes out-of-state heterosexual marriages that would be prohibited in Ohio, such as marriages between first cousins or minors - including those who married outside Ohio for the sole purpose of evading its marriage laws -, the state cannot single out homosexual marriages as the sole category of out-of-state marriages to which it will not grant recognition. [4]
ETA: I really doubt the state is going to appeal, especially given the nature of these two cases. For that matter, the amendment was passed as a ballot issue in 2004, and things have changed so much since then, I doubt it would pass today. Organizers are already working on plans for a drive to repeal it.
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Old 04 September 2013, 02:57 PM
Dr. Dave Dr. Dave is offline
 
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Thanks again for the info. that he is a federal judge makes a lot of sense, too.
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