November 23, 2014

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Judge to end Ohio ban on recognizing gay marriage

Attorney Al Gerhardstein, left, stands with several same-sex couples at a news conference Friday in Cincinnati. (AP Photo/Al Behrman)

Attorney Al Gerhardstein, left, stands with several same-sex couples at a news conference Friday in Cincinnati. (AP Photo/Al Behrman)

CINCINNATI (AP) — A federal judge said Friday that he will strike down Ohio’s voter-approved ban on gay marriage, a move that stops short of forcing Ohio to perform same-sex weddings but will make the state recognize gay couples legally wed elsewhere.

Judge Timothy Black announced his intentions in federal court in Cincinnati following final arguments in a lawsuit that challenged the constitutionality of the marriage ban.

“I intend to issue a declaration that Ohio’s recognition bans, that have been relied upon to deny legal recognition to same-sex couples validly entered in other states where legal, violates the rights secured by the 14th Amendment to the U.S. Constitution,” Black said. “(They’re) denied their fundamental right to marry a person of their choosing and the right to remain married.”

The civil rights attorneys who filed the February lawsuit did not ask Black to order the state to perform gay marriages, and he did not say he would do so.

The Cincinnati-based legal team asked Black to declare that Ohio’s gay marriage ban is “facially unconstitutional, invalid and unenforceable,” and indicated that following such a ruling, the window would be open for additional litigation seeking to force the state to allow gay couples to marry in Ohio.

Attorneys for the state argued that it’s Ohio’s sole province to define marriage as between a man and a woman, that the statewide gay marriage ban doesn’t violate any fundamental rights, and that attorneys improperly expanded their originally narrow lawsuit.

“Ohio has made its own decision regarding marriage, deciding to preserve the traditional definition,” state’s attorneys argued in court filings ahead of Friday’s hearing.

They argued that prohibiting the state from enforcing its marriage ban would “disregard the will of Ohio voters, and undercut the democratic process.”

He didn’t say why he made the announcement on his ruling before he issues it. But by stating his intention ahead of his ruling, Black gave time for the state to prepare an appeal that can be filed as soon as he does.


  • herekitttykaate

    marriage IS BETWEEN A MAN AND A WOMAN..PERIOD!

    • wow

      guess you missed the past decade. figures.

    • Bob Sweatt

      The 1950′s called. They want their opinion back.

    • The Thinker

      The homophobes will be out in full force on this one.

    • Bob Sweatt

      How is this going to change your life?? What does it bother you so much to let people be happy with who they are. Are you not happy with who you are so you figure everyone should be miserable too??

      • Pablo Jones

        You can say the same thing about gay couples. Is what a portion of the population really affecting their happiness? Can they not be happy without the acknowledgement of a union that has the word marriage on it?

        • Bob Sweatt

          And that’s the whole F’in point. Nothing is going to change with them. The only thing that will change is their marital status.

          Thanks for proving my point. It’s just a word. All that gay people want is to be married.

          I am sure back in the 50′s and 60′s they were having the same type of debate about giving Black people rights too.

          • Sis Delish

            Brilliant Point, B.S.

            Give them what they want, then watch them become something they are not–miserable.

            Watch as the Divorce Rates climb for “gay” couples perhaps even higher than the +50% already seen in that disgusting demographic known as straight, heterosexual couples.

            It will be at that point we’ll see just how easy it is to maintain their so-called happiness that being married is supposed to provide for them, and the Residual Collateral Damage it caused to Society as a result of all unnecessary B.S. to change that which cannot be changed.

            All you supporters of this rogue judge are simply clueless and easily swayed by the political soup de jour of the decade. It is my bet that the folks in favor of this judge’s dictate also have Pet Rocks, Mood Stones, Furbees, etc. in their basement dwellings at their biological parent’s homes.

            And, especially for BroDelish… I’m flattered.

          • Bob Sweatt

            you always seem to skate right along the tops of the fence. I can never tell if you are for or against anything. Which is why I normally just skip over any of your comments. Something tells me, Zen is a voice in your head.

          • Sis Delish

            An Oldie but Goodie from B.S.

            Commenting on Gay Marriage in a Previous Posting:

            “My feelings exactly. If they want to go through the Hell that is marriage. More power to them. LOL

          • Pablo Jones

            If it is just a word they want it doesn’t have anything to do with rights. They gain nothing else since they already have the same privileges that married people have. It isn’t about civil rights or having the same rights as married men and women. All the arguments they make for being able to marry you just threw out the window.

            So what is really motivating the movement for gay marriage?

            Equating gay marriage to the civil rights movement is a joke. Gay couples can do the same things and have the same rights as straight couples. Was that the case in the 50s & 60s? To make a similar argument you would have to change everything that was going on back then to the point where blacks were treated completely the same as whites, but instead of being called black they wanted to be called white.

          • Conservator440

            It their MO–make everyone believe your way and use every means available to do it. Tolerance is their slogan, that is, until you differ with the belief, then tolerance is out of the picture. Be reasonable–do it my way—or else!

          • Larry Crnobrnja

            “…since they already have the same privileges that married people have.”

            Are you daft?

          • Pablo Jones

            As I’ve said, aside from having a document that says “Marriage”, what are they denied?

          • Larry Crnobrnja

            Spousal benefits. Are you daft?

          • Pablo Jones

            What spousal benefits. Anything a married couple can do a gay couple can do. Taxes, medical issues, inheritance, parental rights, property ownership, etc.

            What can’t they do?

          • Sis Delish

            They cannot have biological babies between the two parties.

          • Pablo Jones

            But not every man/woman married couple can have kids either.

          • Sis Delish

            Does this make the argument a Biological one, then?

            Careful how you answer that.

          • Larry Crnobrnja

            What spousal benefits? Maybe you should spend some time reading.

          • Pablo Jones

            You can’t find any either can you. That is because everything they say they can’t do doesn’t match up with reality. The one they used to point out all the time was hospitals won’t let them see their sick partner because visiting is for “family” only. The problem is unless someone is causing a scene they will let them in.

            Larry you are the one that said their rights are being denied and that they want to be treated the same. So it is up to you to show how they are not being treated the same or the same access. As a heads up I have looked at what they say they are denied so don’t do a quick search and copy and paste old outdated lists that aren’t true.

          • Larry Crnobrnja

            If they aren’t allowed to be married, they can’t file their state tax returns using the married filing jointly or married filing separately status.

          • Larry Crnobrnja

            Pablo, why no response?

          • Pablo Jones

            It was a nice day, I was outside.

          • Pablo Jones

            Oh poor them, the pay less in taxes. Oh how their rights are violated.

          • Larry Crnobrnja

            Thanks for proving you’re just a troll.

          • Pablo Jones

            If you say so. You are right, in Ohio and a few other states gay couples can not file a joint State income tax form.

            You said they are denied spousal benefits. I asked for a listing of them and you give me State taxes in Ohio. Which the spousal benefit is paying more in taxes. To me that doesn’t seem like a benefit. The civil rights equivalent would be a black man saying he was discriminated against by his employer because he was paid more than a white guy.

            If state taxes is the only thing you can show then saying their rights are being violated really isn’t the motivation for gay marriage.

          • raytheist

            you are mistaken. In some states there are laws prohibiting entering contracts that confer the same benefits as legal marriage — i.e., powers of attorney, inheritance, and other similar things.

          • Pablo Jones

            Ok please show me a state law that says a gay person can not be named in a will or be named in a POA.

        • Otter

          What they want is to have the same rights that every other married couple has.

          • Pablo Jones

            What rights don’t they have? Besides a paper document that says marriage, what can’t they do that a married man and women can do?

    • turd

      All Men are created equal LOL

  • stargazer2012

    This renegade Federal Judge was appointed by obama in 2009. This ‘Judge’ is just another obama puppet!

  • John Lawson

    And yet another Federal judge overrules the will of the people.

    Homosexuals had all the rights of marriage under civil unions, but they needed to redefine the word marriage in order to render the institution meaningless, and to use it as a legal device to force Christian businesses to support acts of perversion or be sued for discrimination.

    All races of people already have equal rights under the law. Those afflicted with the homosexual disorder have no parallel with race/skin color, which is fixed, and the choice to be homosexual, which is not fixed.

    The true model of a family was taught by Our Savior Jesus Christ: “From the beginning of the creation, God made them male and female. For this cause a man shall leave his father and mother; and shall cleave to his wife.” (Mark 10:6-7).

    Gay rights were never about gay rights, but about creating a special class of people.

    • wow

      thanks for reminding everyone just how stupid some people still are.

      • http://comradealan.com/ Alan Pugh

        The bigots are gasping for air. They know their days are numbered. We’ve gone over the hill in this fight, though, and equality will become standard as long as we stay focused.

        • wow

          i’m starting to think “John Lawson” is just a fake name created to stir the pot. nobody can be that out of touch with reality . . . or can he?

    • http://comradealan.com/ Alan Pugh

      I hate to tell you this, John, but your savior is has nothing to do with this country’s laws. This country was meant to be free, and we’re slowly making that happen. In two generations, the people who thought they could use some book to deny rights to others will be a relic, an embarrassment of the past. This is happening whether hateful people approve or not.
      You still have the right to marry a woman if that’s your prerogative. What you do not have the right to do is tell others who they can marry. Not in this country.
      Religious theocracies exist if you’d prefer to live under that type of rule. I hear Iran is nice this time of year.

      • Conservator440

        The learn the difference between freedom and license, they are not the same. This particular issue refers to license, not freedom. Freedom’s definition is not “do as you please”, that is the definition of license.

    • Nathan Dohanos

      Once again, your failure to understand psychology, sociology, and human sexuality are impacting your viewpoints on this issue. Not only this, but you’re using your religion as a defense as to why gay marriages should not be legalized.

      The true model of a family is absolute and utter nonsense, as it is not only a subjective notion, but one that is widely open to interpretation.

      You’re right about one thing, though. Gay rights aren’t just about gay rights; they’re about equal rights. I highly suggest you actually put forth effort to learn about sexuality and psychology before voicing your opinion, so you can avoid using incorrect terms such as “the homosexual disorder”.

      • Conservator440

        Were you aware the one of the first gay rights organizations called itself sigma? Do you know what sigma is as related to statistics?

    • Bob Sweatt

      The 50′s called. They want their opinion back.

    • Bob Sweatt

      homosexual disorder

      Those two word, make you about the most ignorant person I have seen on any of the comments.

      But I wouldn’t expect anything less from a bible thumping moron.

      • Pablo Jones

        Well from the gay community we have heard that 1. They were born that way. 2. It is brain chemistry 3. It’s a lifestyle choice 4. They have no choice 5. It was the environment growing up 6. etc., etc. So what is one more, it’s a medical condition. That would go with they were born that way, it is brain chemistry, and they have no choice.

        Personally I go with none of the above or all of the above. I say it is like taste. Some people like some things and other don’t. A bad experience can ruin a taste for you and sometimes a taste grows on you.

        But without a doubt Homosexuality isn’t hereditary because if it was it wouldn’t be an issue.

        • Bob Sweatt

          I agree. But it is also not a Disorder. But like I said. I wouldn’t expect anything less from a jesus freak.

          • Pablo Jones

            Disorder just means not normal. You may not like the word but if 1-3% of the population is gay that still fits the definition.

            But name calling does lower the respect people have for you and your points.

          • Bob Sweatt

            Not calling you names.

          • Pablo Jones

            Just the religious community. People that are against religion usually call them hateful and close minded. Irony is while doing that they are doing exactly what they say the religious community does.

        • Bob Sweatt

          1. They were born that way. 2. It is brain chemistry 3. It’s a lifestyle choice 4. They have no choice 5. It was the environment growing up 6. etc., etc.

          I just re-read your comment. The funny thing is. all these examples can go for the people of the religious community too.

          • Pablo Jones

            Why all the bigotry and hatred towards the religious? Are you that intolerant?

          • Bob Sweatt

            You hate on my friend’s and I will hate back.

            Like is says in their fairy tale book. An eye for an eye.

          • Pablo Jones

            The bible does not say to do exactly to someone else what was done to them.

    • woodyhaze

      Watch it John, you may get slapped with a wet noodle.

  • Joe

    The bigots will be upset!

  • Pablo Jones

    I commented back in 2001 or before the gay marriage constitutional amendment was passed in Ohio that the timing was not right for gay marriage. Given a few years it probably would have passed in Ohio. But because they pushed too hard too soon it became a constitutional ban. Because they did not wait it will take even longer for the marriage ban to be repealed.

  • Larry Crnobrnja

    I’m a 55 year old, straight, conservative (GOP), God fearing man. I can’t comprehend what makes someone “gay”, but I realize that doesn’t make a hill of beans. I don’t like or dislike someone for being gay anymore than I like or dislike someone for being straight. I am an equal opportunity hater!

    Our country’s laws are based on our constitution, not our bibles and there is no legal argument for denying marriage between two men or two women, period. If you can’t comprehend that fact, you are probably the one with problems.

    If it’s alright with y’all, I’d like to get back to destroying liberals, child molesters, cat haters and murderers. PEACE OUT!

    • The Thinker

      I’m shocked but apparently there are now two things we agree on Larry.

      “Our country’s laws are based on our constitution, not our bibles and there is no legal argument for denying marriage between two men or two women, period. If you can’t comprehend that fact, you are probably the one with problems.”

      • Larry Crnobrnja

        Keep your mind open. There’s probably more common ground than you can ever imagine.

      • Starryeyes63

        what about one man and two women????

    • http://comradealan.com/ Alan Pugh

      While I think comparing liberals with child molesters is a bit out of line, it’s good to see someone who can identify as Christian, conservative, and also tolerant and pro-freedom. I’m sure you’ll admit this is one topic where your team often swings and misses, but I think we’re making progress, and I’m happy to see your post.

      • Larry Crnobrnja

        I don’t believe I insinuated liberals were child molesters. Other than liberals, child molesters, cat haters and murderers all being the sort I don’t much like, I see them all in a different class from the others and I’m sure we can find a conservative or two over the years that might fall in one of those classes. :)

    • Conservator440

      Larry, have you forgotten natural law?

      • Larry Crnobrnja

        No, make your case.

  • woodyhaze

    The libtards will be out in full force on this one.

    • wow

      what gives you away as an ahia state fan more – your screen name, or your height and weight? ha.

      • woodyhaze

        Please click on my profile picture for a special message just for you.What is an ahia state fan? Is that state you are in when you are drunk all day and see rainbow unicorns? Ha

  • Donald Duck

    Just take a look at the kid in the picture !! You know what going through his mind? What the heck is this world coming too? Ha Ha Ha He has no chance with lawmakers on every level destroying this country and it founding principles.

    • wow

      lucky for him, all the dinosaurs living in the 50s – like you – will be dead soon.

    • wow

      like freedom? or do you mean “principles” like hate?

  • Donald Duck

    Take a look at the facts and you will see that this young man has no way of ever growing up in a normal world. He will be on drugs at 12 and running the streets causing trouble. Don’t believe me look up the facts.

    • Rear_View

      And to think this whole mess started when they gave blacks and women the right to vote…

    • raytheist

      Nonsense! He will grow up as well as any child of his generation, with the added bonus he won’t likely be indoctrinated into bigotry and xenophobia.

  • Bob Sweatt

    Oh good. Now we get to see who like Duck Dynasty and who doesn’t. LOL

  • BroDelish5566

    Hope you haters dont have daughters who marry someone who beats on them

  • BroDelish5566

    hey sis, you ever had a real man?

    • Sis Delish

      Do they teach boys how to be that anymore?

  • BroDelish5566

    Didn’t think so……………lol

    • Sis Delish

      It’s true, Gay people are easily amused, eh Bro?

  • BroDelish5566

    Still live at home with mom ?

  • ekwaykway

    I love how the kids covering his face. Lmao

  • SniperFire

    Kiss your spousal healthcare and retirement benefits goodbye.

  • rightwingnutjobsareaproblem

    I find it humorous that many people who claim to be Christians can be so hypocritical. What about Let no debt remain outstanding, except the continuing debt to love one another, for whoever loves others has fulfilled the law. The commandments, “You shall not commit adultery,” “You shall not murder,” “You shall not steal,” “You shall not covet,” and whatever other command there may be, are summed up in this one command: “Love your neighbor as yourself.” Love does no harm to a neighbor. Therefore love is the fulfillment of the law — Romans 13:8-10.

    Some people need to get a grip on reality. What harm will a gay couple getting married do to you? Why don’t you worry about cleaning your own house before you criticize others? Get over yourselves closed minded “Christians”. Bottom line is that we all have problems, so for the hateful people out there, clean your own house first, before you worry about anybody else!

    • Sis Delish

      Most of the “haters” would love to have a house, but they appear to be young guns (referring always to “the 50′s as a slight) young guns who because of their comfy lives in mommy or daddy’s basement don’t have to worry much about what the Real World is like. They rely too much on what they were instructed on campus or in high school to say so as to not feel left out, and part of their parent’s way of thinking.

      The saying, “You’ll reap just what you sow”, shall be a tough one for these kids to handle, once the seeds have grown.

    • Conservator440

      Try reading more of St. Paul and learn something.

  • Starryeyes63

    So you are OK with Polygamy too???

  • Starryeyes63

    So Polygamy is OK then too right????

    • ekwaykway

      Gosh I hope so, who wouldn’t want a multiple divorce? Not to mention hearing the same complaints multiple times.

  • Conservator440

    Yet another example of judicial over reach. The voters of the state passed a constitutional amendment and a judge essentially nullifies it because of political correctness. Typical democrat liberal view—if you don’t like something in a law, then just ignore it or create a fiat to put it aside. This isn’t a judicial move, it is a move toward anarchy. Laws are useless unless obeyed, and a judge, sworn to uphold the law, through his ruling tell us to not bother obeying the law. Try that with the IRS and see how far it gets you.

    • Larry Crnobrnja

      The simple argument is that entities within these United States can’t vote away constitutional rights. The only possible way is to amend the U.S. Constitution.

      The voters of a state or a county or a city or a township… CAN’T vote away the US Constitution.

      • Pablo Jones

        What constitutional amendment was voted away? I don’t recall seeing marriage in the constitution. And what isn’t in the constitution is reserved to the States.

        • Larry Crnobrnja

          I don’t recall saying any constitutional amendment was voted away.

        • Larry Crnobrnja

          I don’t recall seeing the right to breath air in the constitution either.

        • Larry Crnobrnja

          When did I suggest a constitutional amendment was voted away?

          • Pablo Jones

            I guess you have trouble following the flow of discussion.

          • Larry Crnobrnja

        • Larry Crnobrnja

          And I don’t see the right to breath air in the constitution either.

  • Sis Delish

    What’s Next, you ask?

    Why it’s THE DAY OF SILENCE of course which is sponsored by the Gay, Lesbian and Straight Education Network and forced into classrooms Nationwide next week. I believe April 11th is also the first day pansies bloom. What a coincidence.

    The Story:
    http://illinoisfamily.org/education/keep-children-home-from-school-on-glsens-day-of-silence-april-11-2014/

    The Movement:
    http://www.dayofsilence.org

    Just gotta laugh at the lengths the LGBT crowd goes to just to show what attention seekers their silly movement really is.

    Now, before the defenders of this b.s. comment, why don’t you just have your DAY OF SILENCE today. You won’t add anything meaningful to the debate and there is nothing meaningful about THE DAY OF SILENCE.

    LIfe is a serious matter. The continuous crap being tossed out by these groups are becoming annoying and evidence of some real deep social problems.

    Look at Me! Look at Me!! I’m Gay and you need to Look at Me!!

    Pitiful.

  • turd

    All men are created equal.

    • Starryeyes63

      So you have no problem with polygamy???

      • turd

        I have no problem with whatever anyone wants to do with their lives and neither should you.

        Get it?

        • Starryeyes63

          was just a question, get over yourself……….

  • BroDelish5566

    Sis do you run around saying, look at me, look at me , im stupid

    …lol

  • Summer Smart

    Its all about getting to go ahead as a snub on traditional marriage….reminds me a little child who wants what they want and then they want to run down the street and tell all the other little kids they got something better. 1950s or 2014 doesn’t matter. Traditions are traditions for a reason.And, to go there for those of us who are Christians and BELIEVE what the Bible says, homosexuality goes against God’s law. And…you can’t make babies with two people who have the same parts; God created us all different for a reason, its call PROCREATION. Of course, maybe the homosexuals are part of the bigger agenda: population control.

  • Brandy Lynn

    Marriage should be banned between ANYONE.