Same-Sex Marriage in Ohio: The Debate Begins!

Ohio Judge Recognizes Same-Sex Marriage Performed In Another State As Legal

same-sex marriageOn Monday, federal Magistrate Judge Timothy Black could have opened the door to more lawsuits regarding same-sex marriage in Ohio.  Judge Black issued a temporary restraining order against multiple public officials (including Governor Kasich and Attorney General Mike DeWine) which prohibits those persons from enforcing provisions of Ohio law which prohibit state officials and institutions from recognizing same-sex marriages lawfully performed in other states in the case of Obergefell, et al. v. Kasich, et al., W.D.Ohio No. 1:13-cv-501 (July 22, 2013).

Background:

Jim Obergefell and John Arthur have been together for over 20 years.  John Arthur is currently bedridden with ALS, a neurological disease which all parties agreed will take his life in the very near future.   With the United States Supreme Court’s recent ruling in United States v. Windsor, striking down the federal Defense of Marriage Act (DOMA), Jim and John decided it was time to take the plunge and get married.  Knowing that same-sex marriage is not permitted under Ohio law, Jim and John needed the marriage solemnized in one of the states where same-sex marriage is lawful.  The problem, though, was that John’s ALS … Read More... “Same-Sex Marriage in Ohio: The Debate Begins!”

DOMA Ruling: The Impact of this Historic Supreme Court Decision

How Will DOMA Affect Individuals In Other States?

DOMAIn a 5-4 decision, the Supreme Court overturned the federal 17-year-old DOMA act (Defense of Marriage Act), leaving many people wondering the effects this ruling will have on same-sex couples in their state.  Hopefully the following information might be helpful when trying to understand this major decision in the United States v. Windsor case. In order to dispel a misconception, it should be noted that this decision does not require states to recognize same-sex marriages.

The primary point to take away from this ruling is that it will ONLY affect individuals residing in the 13 states* and the District of Columbia that have legalized gay marriage.  So, in Ohio, the DOMA ruling will not have any real present substantive affect.  But it may end up becoming a step forward in legalizing gay marriage.

Now that DOMA has been overturned, legally married same-sex couples in those specific states will be granted the same federal benefits to which heterosexual married couples have been entitled.  These benefits include social security, estate tax, joint tax-returns, military benefits, health coverage, and child custody rights.   In total, this ruling will affect over 1,000 federal benefits afforded to … Read More... “DOMA Ruling: The Impact of this Historic Supreme Court Decision”

Gay Marriage: The U.S. Supreme Court Tackles Same-Sex Marriage Issues

What Is The Difference Between Prop 8 And DOMA? – Will Gay Marriage Issues Change Family Law?

Questions And Answers To The Issue Of Gay Marriage And The Supreme Court’s Likely Decision

gay marriageThe United States Supreme Court recently granted certiorari to two very controversial gay marriage issues, Prop 8, and DOMA.  Below I will discuss the two different issues, how they came to be here, and what the likely outcome may be.

Proposition 8

What is Prop 8?

Proposition 8 was a 2008 ballot provision in California.  This ballot provision provided that section 7.5 of the California constitution be amended to validate only a “marriage between a man and a woman.”  This ballot provision passed and overruled a California Supreme Court decision just months earlier granting equal marriage rights. Since then, gay marriage has been a hot button issue and has been challenged numerous times.

Why did the U.S. Supreme Court agree to hear this?

In the Supreme Court, it takes 4 votes to hear a case, and 5 votes to decide a case.  There is speculation behind the lines on why and how the Supreme Court accepted this case.  The questioning of the High Court only yields greater controversy.  … Read More... “Gay Marriage: The U.S. Supreme Court Tackles Same-Sex Marriage Issues”

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