A federal court in Ohio on Friday announced that it will soon rule that the state’s ban on recognizing the out-of-state marriages of same-sex couples is unconstitutional — bringing immediate relief to the four married plaintiff couples seeking to ensure their children’s legal security by having both parents on their children’s birth certificates.
Three of the plaintiff couples are lesbians expecting children to be born in Ohio. One of the couples is living in New York City, but adopted a son born in Ohio. The Ohio Department of Health is refusing to issue an amended birth certificate with the names of both adoptive parents–a common procedure for children adopted by different-sex couples.
U.S. District Court Judge Timothy Black held a hearing on the case Friday, after which he filed a docket entry saying he expects to strike down the ban on out-of-state recognition “under all circumstances.” The initial case focused just on the issue of birth certificates. It’s great to see parental rights becoming a driving force for broader LGBT equality — a striking change from even just a few years back, when anti-LGBT organizations effectively denied us rights (e.g., during the 2008 battle over California’s Prop 8) by wielding the fear of having LGBT people near children.
The full ruling is expected April 14. Attorney General Mike DeWine has said he will appeal the decision. This from a man whose website says his “top priority is protecting Ohio’s families.”