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Ohio Recognizes Out-of-State Same-Sex MarriageOhio Recognizes Out-of-State Same-Sex Marriage

Court prohibits jurisdiction from discriminating against a couple legally wed in Maryland

Dawn S. Markowitz, Legal Editor

August 5, 2013

6 Min Read
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 “This is not a complicated case,” was the first sentence in the decision by the U.S. District Court for the Southern District of Ohio in Obergefell, et al. v. Kasich, et al., Case No. 1:13-cv-501 (S.D. Ohio July 22, 2013).  Granting the plaintiffs’ motion for a temporary restraining order (TRO) against a death certificate that didn’t record as “married” two men who were legally wed in Maryland, Ohio’s first post-United States v. Windsor opinion minced no words: “It is beyond cavil that it is constitutionally prohibited to single out and disadvantage an unpopular group.”  As such, the local Ohio Registrar was prohibited to record a death certificate for John Arthur, which didn’t record his status as “married” to plaintiff James Obergefel...

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About the Author

Dawn S. Markowitz

Legal Editor, Trusts & Estates

Dawn S. Markowitz is a legal editor at Trusts & Estates magazine. Prior to working at T&E, she was a legal editor at The National Law Journal and at the Institute for Continuing Legal Education. She was formerly a commercial litigator at Shea & Gould and Ashinoff, Ross & Korff, both in New York. She is licensed to practice law in New York.