CINCINNATI — Attorneys for same-sex couples fighting to have their marriages recognized in Ohio are urging a federal appeals court to strike down the state’s same-sex marriage ban, arguing that it’s unconstitutional and demeaning.
They are a preview of what’s to come on Aug. 6, when the court hears oral arguments in Ohio’s case and same-sex marriage fights from Michigan, Kentucky and Tennessee.
The Ohio appeal is of Judge Timothy Black’s April 14 ruling ordering the state to recognize same-sex marriages performed in other states. Most of the ruling was put on hold pending the anticipated appeal.
The judge ruled that Ohio’s refusal to recognize gay marriage is a violation of constitutional rights and is “unenforceable in all circumstances.”
Ohio Attorney General Mike DeWine has vowed to uphold the state’s gay marriage ban, saying it was passed by voters in 2004.
In response, attorneys for the same-sex couples say their clients have a constitutional right to marry, and courts have a duty to protect that – even in the face of the majority.