A federal judge is considering staying his recent ruling that same-sex marriage be recognized in the state.
Judge Timothy Black is considering staying his recent Ohio ruling that ordered the state to recognize the marriages of same-sex couples who were married in other states.
Ohio state attorneys have said that they don’t object to the request from couples who have sued to have both spouses listed on their children’s birth certificates, but they have urged Judge Black to stay the ruling for everyone else.
“This court’s order is a momentous change in Ohio’s marriage law, that will require widespread—but in light of appeal, possibly temporary—changes in Ohio law,” they wrote on Tuesday. “The public interest and other parties are not served by such confusion.”
Judge Black has stated that he would be inclined to issue a stay on the ruling pending appeal, which would mean that the majority of same-sex married couples living in Ohio wouldn’t see any immediate legal recognition of their marriages.
The news is surprising, because it was just on Monday that the judge granted the ruling. Civil rights attorneys who represent the couples involved in the lawsuit argue that Judge Black should allow the ruling to take effect immediately, stating that there won’t be any harm done to anyone if the ruling is passed immediately.
“This court’s order simply requires the state to recognize that which many other jurisdictions and the federal government already recognize,” stated Al Gerhardstein, the lead plaintiffs’ attorney, “that these couples are indeed validly married and are entitled to the same dignity and legal protections other married families take for granted.”
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