HRC Blog

Ohio Federal Judge Issues Partial Stay on Decision to Overturn State Marriage Ban

This week Judge Black issued a partial stay on his decision to strike down Ohio’s constitutional amendment banning the State from recognizing same-sex marriages performed in states where they are legal.

The decision, however, will not be stayed for the Henry v. Himes plaintiffs, four legally married same-sex couples who will now be listed as married on the birth certificates of their future children. The State will likely appeal Judge Black’s decision to the United States Court of Appeals for the Sixth Circuit.

Henry v. Himes is one of more than sixty cases challenging same-sex marriage bans across the country.  These cases have been filed in twenty-eight states and Puerto Rico, and account for nearly 250 plaintiffs taking on state marriage bans.  Same-sex couples can legally marry in seventeen states and the District of Columbia, while thirty-three states have a law or constitutional amendment restricting marriage to the union of one man and one woman.

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