Nigel Campbell's picture

Will A Federal Judge Rule In Our Favor In Ohio's Same-Sex Marriage Case?

Is it bad that we're feeling optimistic about the same-sex marriage case in Ohio? Federal Judge Timothy Black's line of questioning and commentary certainly make it appear that the Judge wants to strike down the state's the law that gives Ohio state officials the authority to not recognize marriages of same-sex couples that were wed in other states.

From The Associated Press:

Judge Timothy Black's comments came as he heard arguments in federal court in Cincinnati over whether gay marriage should be recognized on Ohio death certificates despite a statewide constitutional ban.

Although Black's decision, expected within two weeks, only will pertain to the recognition of gay marriage on Ohio death certificates, he noted that "in the real world out there, the stakes are larger," and that his upcoming ruling could serve as starting point for further litigation seeking gay marriage to be recognized in Ohio.

Black cited a prediction by Supreme Court Justice Antonin Scalia, who wrote in a strong dissenting opinion in June that "no one should be fooled" by the court majority's decision to strike down part of an anti-gay marriage law.

"It is just a matter of listening and waiting for the other shoe (to drop)," Scalia wrote. "The majority arms well every challenger to a state law restricting marriage to its traditional definition."

Said Black on Wednesday, "The shoe dropped and now it's here, and I'm required to follow the law of the United States Supreme Court."

"Politicians say, 'I'll leave this to the states,'" but if the United States Supreme Court said the federal government cannot fail to recognize valid same-sex marriages, why can the states?" Black asked Bridget Coontz, the state's attorney arguing against allowing gay couples' marriages to be recognized on Ohio death certificates.

We're looking forward to his decision. What do you think so far, Instincters?