November 25, 2014

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Judge stays most of Ohio gay marriage ruling

 

Judge Timothy Black

Judge Timothy Black

CINCINNATI (AP) — Ohio officials must immediately recognize the same-sex marriages of four couples who sued over the state’s gay marriage ban, a federal judge said Wednesday, while staying the broader effects of his ruling to avoid “premature celebration and confusion” in case it’s overturned on appeal.

Judge Timothy Black stayed his ruling ordering Ohio to recognize the marriages of gay couples who wed in other states pending appeal in the 6th U.S. Circuit Court of Appeals in Cincinnati. The appeals process likely will take months.

Had Black not issued the stay, all married gay couples living in Ohio would have been able to immediately begin obtaining the same benefits as any other married couple in the state, including property rights and the right to make some medical decisions for each other.

Black said the stay does not apply to the four couples who filed the February lawsuit that led to the court case, and ordered Ohio to immediately list both spouses in each relationship as parents on their children’s birth certificates.

Liz Wilson and her wife are among those who will have to wait for the appeal to play out.

“It’s frustrating,” said the 44-year-old Cleveland woman, who married her wife in New York last year. “At the end of the day you just want your family to be safe and secure.”

In explaining the stay, Black said that although he doesn’t think the state’s appeal will succeed, there is still a chance the 6th Circuit could overturn his decision.

“The court recognizes that recognition of same-sex marriages is a hotly contested issue in the contemporary legal landscape, and, if (the) appeal is ultimately successful, the absence of a stay … is likely to lead to confusion, potential inequity and high costs,” Black said. “Premature celebration and confusion do not serve anyone’s best interests.”

In a court filing arguing for a stay, attorneys for the state did not contest Black’s stated inclination to allow the four couples to both be listed on their children’s birth certificates.

“We’re happy that the judge agreed to the stay,” said Rob Nichols, Gov. John Kasich’s spokesman. He declined to comment further.

Al Gerhardstein, the Cincinnati civil rights attorney who represents the four couples in the lawsuit and argued against a stay of any kind, said in a statement that “at least for these four couples, the Constitution stands on the side of love.”

“The implementation of same-sex marriage recognition has started and we are all very excited,” he said. “We will try and expedite the appeals process so full marriage recognition for all same-sex couples does not trail too far behind.”

Three of the four couples who filed the lawsuit live in the Cincinnati area. One spouse in each relationship is pregnant and due to give birth this summer. The fourth couple lives in New York City but adopted a child from Ohio.

In Monday’s ruling, Black said the state’s refusal to recognize out-of-state gay marriage is a violation of constitutional rights and “unenforceable in all circumstances.”

“The record before this court … is staggeringly devoid of any legitimate justification for the state’s ongoing arbitrary discrimination on the basis of sexual orientation,” Black wrote.

Including Black, eight federal judges have issued pro-gay-marriage rulings since the Supreme Court’s decision last June that struck down part of the federal anti-gay marriage law. All but one of those rulings has been stayed pending appeal.

Although Black’s order does not force Ohio to allow gay marriages to be performed in the state, Gerhardstein said he was planning to file a lawsuit in the next couple of weeks seeking such a ruling.


  • Joe Smith

    If gay people want to ruin their lives by getting married then let them do it, be aware of what you wish for…. LOL …. Just kidding in case my wife see this!

  • Sis Delish

    “Liz Wilson and her wife are among those who will have to wait for the appeal to play out.”

    Sure it wasn’t Lez Wilson, Husband and her wife…?

  • Ex_Subscriber

    It seems obvious to me that someone pointed out to Judge Black that there’s a pretty good chance that at least a substantive part if not all of his ruling will be overturned on appeal. In my opinion it pits the sovereignty of the Ohio Constitution and its voter-approved ban on gay marriage against the de facto repeal by the Supreme Court of the federal Defense of Marriage Act; and I believe for better or worse (no pun intended) that the question of the eligibility of couples for marriage licenses within individual states will ultimately remain one of the powers not allocated by the US Constitution to the Federal Government and therefore reserved to the states – see the Tenth Amendment to the Constitution.

    • Air and Light

      See the 14th Amendment to the Constitution…

      • Ex_Subscriber

        A. I said something about mob rule? Read my post again, A&L.
        B. I have read the Constitution, and its amendments. Nowhere in the document is the Federal Government given the right to legislate what marriage is and who shall be eligible to enter into matrimony, therefore, it is not a RIGHT granted a citizen of the United States under U.S. Law, and the Ohio constitution does not violate the 14th Amendment. Further, the SCOTUS struck down the Defense of Marriage Act as a Federal law because it unconstitutionally defined marriage at the Federal level. So, the definition of marriage and eligibility for same remains with the states, which is where the challenges are rightly being undertaken.
        C. The founders did indeed distrust the electorate, which is why we still have such a disenfranchising anachronism as the Electoral College and had election of Senators by state legislatures until the 17th Amendment in 1913. I personally would not like to return to the old system – perhaps you would.

        • Air and Light

          If it means equal rights for all adults, so be it. You’re reaching now, just to save a little face, like the others I’ve destroyed like an asteroid.

          • Pablo Jones

            I think you are correct you have destroyed people like an asteroid, since you really can’t destroy an asteroid. You can smash them, but they are still asteroids (hunks of material floating around in space).

  • Air and Light

    “”Premature celebration and confusion do not serve anyone’s best interests,” Black concluded.”

    This was a wise ruling considering the legal and constitutional challenges this ruling is up against. I’m sure Judge Black has already planned his next move however as he legislates from the bench.

    • Sis Delish

      Judge Black will be planning his next move… swimming across the Ohio River to either WV or KY where his ruling is more palatable due to inbreeding.

      • Air and Light

        Brothers and sisters can marry legally in Ohio, so inbreeding is legal here also, maybe they’re not allowed to breed , I don’t know. I posted the link to the incest laws, but someone at the Chronicle must be getting upset at all the valid points I’ve brought up. Here it is again, in case I’m wrong and there was just a glitch. http://www.ndaa.org/pdf/criminal_incest%20chart%20_2010.pdf

        • B4CE

          Sniper will be elated!

    • golfingirl

      “Legislating from the bench”….pretty much sums it up.

      Thought there was separation of powers in the U.S.

      Kind of a major violation of the Constitution. Article III, the Separation of Powers.

      Oh well, if it doesn’t fit your agenda, just toss it out.

      • Guest

      • Air and Light

        ,,,

        • golfingirl

          Interesting choice of pictures…..

          “come here little boy, I have some candy for you”…..laughing.

          • Air and Light

            I’ll make you see fireworks if you give me the candy…http://www.youtube.com/watch?v=fhNQKi13g44

          • golfingirl

            So are you Gay?

          • Air and Light

            Nope. Strictly heterosexual. I know right ? You’re from Lorain county a.k.a. county of the LBGTphobiacs. I can tell you’re not use to dealing with intelligent, non-discriminating, non-chauvinistic, Neanderthal men who treat you like their equal. I sincerely apologize on behalf of all humanist men worldwide.

          • Sis Delish

            Lying sob

          • Pablo Jones

            So to continue my analysis. He lives in Lorain country or did at some point recently since he wouldn’t have those thoughts about a place unless he were older. He uses the phrase LBGT and says he is heterosexual. I think golfingirl might be right with the gender identity issues, could it be that he believes he is transgendered? A girl trapped in a boys body (or boy in a girls body)? This confuses the sexuallity aspect since they may be male, but think they are a girl, so in their mind liking boys is heterosexual. The use of the word Neanderthal men, makes me think he is a small kid, that may have been picked on when little and views all non-metrosexual men as neanderthals. He thinks he is non-discriminating, but based on that very sentence he does discriminate against those he doesn’t like.

          • golfingirl

            And those videos?

            Tells me he is also a comic book reader.

  • Air and Light
  • Air and Light

    So you think the Supreme Court had no business giving the Lovings the right to marry when 70% of the country opposed interracial marriage? What other rights do you think should be decided by popular vote?

    Perhaps it would be more fair if every couple that applied for a marriage license had their names published in the local paper and then the voters could vote them up or down. I’m sure you wouldn’t mind if total strangers made the decision of allowing you to marry or not.

    • Air and Light
    • Sis Delish

      Problem is, no one reads the local paper anymore.

      It used to be where Marriage Candidates actually WERE printed ahead of the nuptial date, probably for bigamy reasons and as a matter of courtesy for those who might wish to send regards.

      But, that was a more civil timeframe, but alas, the young crowd these days despise everything about “the 50s” and are extreme in their condemnation of everything related to that era.

    • golfingirl

      What is a “Lovings?”

    • golfingirl

      No, never said that. Again, do as you want, I just think it is gross!

      I guess in my mind, there is a reason a woman is born with a Vagina and a man with a Pen**.

      There just “fit” together. Not so sure it was meant to go into any other orifice.

      But if you feel differently, which you obviously do, I’m okay with that.

      • Air and Light

        Omg lol…Your partner is going to fall in love with the first woman who opens her mouth…lmao. Mouths are good for other things besides sticking your foot in dear.

        • golfingirl

          May I have the pleasure of your absence?

    • golfingirl

      So are you Gay, or not?

      • Air and Light

        I answered your question a few comments up.

        • Sis Delish

          How Gay Are u?

          • golfingirl

            Interesting he only comments on issues dealing with gay rights.

            He definitely has a strange attraction to this topic for a heterosexual.

            I think he is a little gender confused. He will likely outgrow it by his 18th birthday.

          • B4CE

            Unlike you that comments on EVERYTHING !

          • golfingirl

            So Gay, he can’t even get a job at Abercrombies.

            So Gay, he took a job with the City of Elyria Street Department so he could go down into the “Man Holes.”

        • golfingirl

          Yeah, but were you honest?

          C’mon, it is 2014, it is okay to come out of the closet.

          Just open the closet door a little and come get some “Air and Light.”

          It’s alright, Judge Black gives his permission.

  • golfingirl

    If you can’t be a wife without a husband, and you can’t be a husband without a wife, if two women are married, as in the above story…who is the husband?

    By definition, a husband is a man, and a wife is a woman.

    So we have two women, but no men. So how can we have a wife without a husband?

    Very confusing. Just simpler when men married women, and women married men.

    • Air and Light

      The “Lovings” were a interracial couple who were imprisoned for their interracial marriage. http://en.wikipedia.org/wiki/Loving_v._Virginia

      • Sis Delish

        According to the timeframe of your found WIKI story, the current President was a result of an Illegal marriage, if indeed we can believe who is Mother and/or Father was/is… the location of any of the pre-post nuptial events… alleged pregnancies, etc.

        • Air and Light

          You’re reaching now. #1 trait of a troll.

          • Sis Delish

            I may be reaching, but according to your recent posts, you must be Felching. Only reason I can think of for your colon to have Air and Light.

          • Air and Light

            No you disrespectful, arrogant, hateful person. I took the name Air and Light in homage to my favorite Ukrainian because she’s hot and were FB friends. Yeah, I’m FB friends with the real Valeria Lukyanova, so let me eat your heart out now…http://en.wikipedia.org/wiki/Valeria_Lukyanova

          • golfingirl

            So you play with dolls too?

            Facebook friends with her? You and about 10M other people.

            I guess you ARE special.

          • Sis Delish

            Do you enjoy Troll House cookies, too?

          • Sis Delish

            Hmmmm… are you Air and Light, or his/her/its Guest?

          • golfingirl

            Same guest who wrote like a child above and threatened to “out” me.

            Now that his guests are done posting against us, they can slip into something a little more comfortable and get down to business. Let the meat puppet party begin!

            Who brought the straws?

          • golfingirl

            Should change his name to “Air, Light and a Straw.”

    • Air and Light

      1st your wrong. 2nd You really should enroll in college, because you are no where near as intelligent as you think you are, dear. Wonder what else you find confusing ?

      • golfingirl

        Simply answer the question. Is one person designated the “husband”, and another the “wife?”

        Just curious.

      • Pablo Jones

        The funny thing is, if we polled everyone reading these comments. Most would say you were the uneducated one.

        • golfingirl

          He isn’t exactly the most agile athlete in the mental gymnasium, is he?

          And what is with those videos?

          I could probably do a better job of explaining my position to him, but I no longer own any crayons, I have outgrown them.

        • golfingirl

          <<< 3 college degrees, 2 MBA's and currently working on a fourth.

          Bachelor of Science in Architecture from the top school in the U.S.; MBA's in Economics and Finance.

          Oh well, I guess education is over-rated anyway. I mean, his GED is worth something, isn't it?

          • Pablo Jones

            As one of my high school teachers used to say It’s up to you to learn the material, and if not the world still needs ditch diggers.

            There are parts of my job that are really easy and people that know will ask, “You went to college to do that (work studies, etc.), anyone can do that.” And for the most part that is true anyone can collect data, but it is what you do with it afterwards that not everyone can do. I usually reply I went to school so I don’t have to do the work that those people are doing.

      • Starryeyes63
  • guest

    Me and my dad have been reading these posts recently and hes very mad about comments and tells me who golfingirl is. Im doing a school project and he told me if she does not quit he will put all of her inforrmation on here for people to see, like her name and where she lives. Boy hes mad. He told me he would give her 24 hrs too quit if not look out.

    • golfingirl

      Post it now. Why wait for 24 hours.

      Maybe your “father” should teach you about free speech and tolerance of other’s opinions.

      • Pablo Jones

        Tolerance is only for those the have the same beliefs and opinions.

        • golfingirl

          “Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views.”

          ― William F. Buckley Jr.

      • Pablo Jones

        You know the funny/sad thing is, there is a very good chance that was an actual conversation (grammar and all).

        • golfingirl

          Unfortunately, children learn to speak like their parents, grammar and all.

          The writing sounds like that of about a third grader. So why are they studying Gay marriage in third grade? I can’t imagine anyone at a higher grade level would write like that.

          Definitely looks like they should be spending more time on writing and proper English.

      • B4CE

        Freedom of speech keeps you from being arrested for your views, it does not keep you from facing backlash from your ignorant outdated views.
        The first amendment does not come into play from the guest’s response. An educated farmer should know that!

        • golfingirl

          I may not have known that since I am not a “farmer.”

          “He told me he would give her 24 hrs too quit if not look out.”

          Sounds like a threat to me. An attempt to stop me from expressing my views, via free speech.

          Freedom of speech does not allow one to incite actions which would harm someone. The yelling “fire” in a theater example. It protects you from threats from others when they don’t share your views.

          Since you brought up the farmer example, I have an idea. Let’s play horse. I’ll be the front end and you be yourself.

          So, are you gay?

          Hit the Y key for Yes, the N key for No.

          • B4CE

            So posting your info is akin to yelling fire?
            I believe the Cleveland plain dealer covered this in a court motion several years ago and won . I don’t see a threat.
            I know you said you’re educated, why do you debate like a sixth grader? What does my orientation have to do with this debate? Do you believe by asking that you are in some way putting me down?

          • golfingirl

            Never said that.

            So are you gay?

        • Starryeyes63

          Here complain about the muslim cabbies refusing to drive cabs advertising Gay Games: http://www.foxnews.com/us/2014/04/18/muslim-drivers-at-cleveland-airport-refuse-to-drive-cabs-with-gay-games/

          • B4CE

            That’s gotta be a tough one for you CONs, who to stand up for on that one?
            Freedom of religion( albeit, the scary Muslim kind) or freedom of speech in the form of the sign, (the icky gay kind )?
            Quite a conundrum for you small government people that want to tell everyone how to live.

          • Starryeyes63

            Not tough for me would not get in a cab displaying it, nor would I with a muslim driver… and before you get on you high horse about my discrimination of mulims, you go live in a muslim country, like I have and then you become a victim of a direct terrorist act. and islam is NOT a religion it is theocracy. Now who are you backing????? libs go nuts if a Christian baker does not want to make a cake for a gay wedding.

          • B4CE

            Not tough for me either, I jump right in that cab. Show my support for the gay games against religious and sexual biggots like yourself.
            What? Only Christian freedom of religion in your word?

          • Starryeyes63

            ISLAM is NOT a religion

          • Starryeyes63

            Are you saying it is OK for the cabbies to object , but God forbid a Christian Baker does not want to make a cake……….

          • B4CE

            How did you get that out of my response?
            I don’t support Christians or Muslims that want to tell the world how to live?

          • Starryeyes63

            I am not telling anyone how to live. I am just tired of it being shoved down my throat. to each his own

          • B4CE

            Holy cow, is someone forcing you to get gay married? Sounds like you have a law suit on your hands! That just isn’t right! I can’t believe they would do that to you. I would support them if they only wanted to marry each other, and let straight people marry as they wish. but forcing you into gay marriage is just unacceptable. I see your issue with it now, you’ve changed my mind!

          • golfingirl

            You would “jump right in that cab?”

            Doesn’t B4CE stand for Business for a Clean Economy?

            That cab creates a lot of pollution, and uses a lot of hydrocarbons.

            Why don’t you just walk? Or take an Amish Buggy?

            A little hypocritical, don’t you think?

          • B4CE

            All that education, and you’re here mingling with us common folk! Lecturing on grammar, politics, and the environment. We are graced w your writings. Thank you! But Maybe the echo chamber of LC.com would be more to your liking.
            You missed the class on making assumptions? Or didn’t they teach that in farm class?
            B4CE- before common era, as opposed to before the Jesus guy….figured it would drive you wing nuts crazy…
            A little presumptuous, don’t you think?
            Happy Dyngus Day!

          • golfingirl

            So, are you gay????

          • B4CE

            No, are you?

          • golfingirl

            No, but thanks for asking.

          • B4CE

            Likewise.
            Why’d you ask in the first place?

    • Sis Delish

      In 23 or so hours, your assignment is due.

      • golfingirl

        In only 21 hours, I will be “outed” as a college educated, upper middle class, very happily married, white conservative female who believes in God, traditional marriage and the Constitution of the United States.

        Shame on me!

    • golfingirl

      The “student” above should have written:

      My father and I have been reading your recent posts, and while we do not agree with your position on gay marriage, we respect your right to express your point of view.

      Your comments, as well of those of others here, are important to my project, as I understand the importance of presenting opposing opinions.

      While my father may not agree with you, to the point it sometimes angers him, he understand there will always be differences of opinion especially on hotly debated topics. Traditional marriage versus Gay marriage is one such topic. While he may not share your opinions, he will continue to defend your right to express them.

      Again, thank you for presenting your side of the debate. It has provided me an opportunity to see both sides of a very controversial subject. This will surely result in a more balanced approach to my school project.

      Tonight, myself and my father are going to discuss the First Amendment to the United States Constitution. He says this will teach me tolerance, and afterward I will gain an appreciation for others points of view, even if I do not share them. He says this is important, regardless of the topic, and will serve me well as I mature.

      Thank you for your comments.

      • Starryeyes63

        Guess they chickened out…..

        • golfingirl

          Didn’t chicken out, just an idle threat.

          And if they did know, who really cares. I am sure everyone in town will hate me because I believe in traditional marriage, along with the other 90% in my neighborhood.

    • Starryeyes63

      Well?????????? did ya chicken out not even have the guts to post under your screen name

    • Starryeyes63
    • golfingirl

      Still waiting……time is up.

    • golfingirl

      72 hours and counting……….Hope your dad doesn’t let you down!

    • golfingirl

      Your dad must have gotten over his anger.

      Guess you were “bluffing” all along, weren’t you?

  • Starryeyes63
  • Air and Light

    Hey, if this is what a doll looks like, then yes, I would play with her every freakin’ night and every freakin’ day. Valeria lukyanova. She closed her FB account the other night, for some reason. She does live in the Ukraine, after all. Who knows what’s happening to her now. Lots of imitation FB pages of her though. I keep waiting for that “Guest” to expose Golfingirl…disappointed.

    • Air and Light

      I hit the “Like” button a trillion times, but it only registered once. :(

    • Pablo Jones

      I’m thinking you are even younger now. This is the classic joke of most teen movies. The foreign girl in another country that is madly in love with you. But I hate to break the news to you. She will never get her visa and you will never meet her in real life.

  • Air and Light

    And stop bating me to comment on every LGBT topic out there. What am I their spokes person ? I’m a defender equal rights, that’s all. In the 90′s I stuck up a lot for blacks…took heat for that. In the new millennium, it’s the LGBT community, taking heat for that. I can see it now…in 2020′s I’ll be sticking up for the Spanish/Mexican/Puerto Rican crowd. Oh, what will they call and say about me then ? http://www.youtube.com/watch?v=sXq6vtD9u8U

    • Starryeyes63

      I wouldn’t want to speak out against the muzzies either.

  • Air and Light
  • Air and Light
  • Air and Light

    <—–break dances for Valeria. Looks like a fool doing it.

  • Air and Light

    I’m done with this thread. Don’t expect anymore comments, on this article, from me. http://www.youtube.com/watch?v=My2FRPA3Gf8

  • guest

    Courtney

    • golfingirl

      So that is your “guess?”

      My name is Courtney?

      Okay, I’ll go with that one. I kind of like that name.

      Just call me Courtney….laughing.

    • golfingirl

      Now I get it.

      I supported Judge Darrel Bilancini in a recent article in his attempts to become a full time judge in Avon Lake Municipal COURT. So you know I know him.

      Kathy is the Clerk of COURTS in Avon Lake.

      Therefore, my name must be COURTney.

      Clever, but way to obvious.

      Try again. I will give you a hint…..my name has nothing in common with any terms related to the judicial system.

  • guest

    Darrel and Kathy both told me your screwed up

  • guest

    golfingirl