Ohio AG to appeal ruling requiring recognition of same-sex marriage Addison Morris at 10:19 AM ET
[JURIST] Ohio Attorney General Mike DeWine [official website] on Thursday filed notice of his plans to appeal to the US Court of Appeals for the Sixth Circuit, [official website] a December ruling [text, PDF] that requires the state to recognize valid out-of-state marriages between same-sex couples on Ohio death certificates. The ruling, made last month by Judge Timothy Black, found that by treating lawful same-sex marriages differently than it treats lawful opposite sex marriages, Ohio law violates the US Constitution Equal Protection Clause [Cornell LII backgrounder]. Although citizens of Ohio voted in 2004 to make same-sex marriage illegal within the state, Black argued that the right to remain married is properly recognized as one that is a fundamental liberty interest appropriately protected by the due process clause of the US Constitution.
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