Court Ruling Brings Laws Against Same-Sex Marriage Into Question

The state must recognize marriages legally formalized elsewhere

CINCINNATI, Ohio -- A federal judge has ordered that a dying man's same-sex marriage should be recognized on his death certificate, raising questions over whether provisions in Ohio law and the state Constitution that bar such recognition could be deemed unconstitutional. …

Ohio law prohibits legal recognition of their marriage. And the Ohio Constitution defines marriage as a union between one man and one woman.

But in issuing the injunction, Black wrote that Ohio law has historically provided that the validity of a marriage is determined by the law where it was created. Treating same-sex marriages differently than it treats lawful opposite-sex marriages likely violates equal protection guarantees of the U.S. Constitution, he said.