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Judge orders Ohio to recognize gay couple’s marriage

James Obergefell and John Arthur married at a Maryland airport on July 11

Published

13 years ago

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A federal judge in Ohio has issued a temporary order requiring the state to recognize a gay couple’s marriage.

 

A federal judge in Ohio has issued a temporary order requiring the state to recognize the union of a gay couple who legally married in Maryland while one of the spouses in the relationship dies from an incurable disease.

On Monday, U.S. District Judge Timothy Black placed an order temporarily restraining state officials from enforcing the state’s constitutional ban on same-sex marriage for — and only for — a Cincinnati, Ohio, gay couple suing the state to recognize their marriage.

Black issued the two-page decision on the basis that the couple’s case is likely to succeed because Ohio’s same-sex marriage ban — passed by Ohio voters in 2004 — violates the couple’s First and Fourteenth Amendment rights under the U.S. Constitution. The judge also said the couple will suffer “irreparable harm” without an injunction.

“On this record, there is insufficient evidence of a legitimate state interest to justify this singling out of same sex married couples given the severe and irreparable harm it imposes on these Plaintiffs,” Black concludes.

The judge takes special note that Ohio recognizes out-of-state marriages for straight couples that can’t be legally performed within the state — such as opposite-sex marriages entered into by first cousins or minors — yet still won’t recognize out-of-state marriages for gay couples.

The couple in case is James Obergefell and John Arthur, who after being together more than 20 years married in Maryland following the U.S. Supreme Court decision last month striking down the Defense of Marriage Act.

Arthur suffers from amyotrophic lateral sclerosis (ALS,) also known as Lou Gehrig’s disease, which has no known cure and is fatal. He’s currently a hospice patient.

The couple flew to Maryland on July 11 in a special jet equipped with medical equipment and a medical staff to serve Arthur’s needs. They married in the plane as it sat on the tarmac and returned to Cincinnati the next day. They filed their lawsuit — known as Obergefell et al v. Kasich et at — on Friday.

Black’s order bars Gov. John Kasich and other state officials from enforcing Ohio’s ban on same-sex marriage with respect to this couple. Additionally, the order prohibits the local registrar from accepting a death certificate for Arthur if it doesn’t recognize him as married at the time of his death and doesn’t designate Obergefell as his surviving spouse. The order expires on Aug. 5, unless it is extended by the parties and the court.

State officials have the option of appealing the decision to a higher court. Connie Wehrkamp, a Kasich spokesperson, had a little to say about the order after it was issued.

“I can’t comment on the pending litigation except to say that the governor believes marriage is between a man and a woman,” Wehrkamp said.

Nan Hunter, a lesbian law professor at Georgetown University, was optimistic the order would stand on appeal because it’s narrowly crafted.

“I think it is likely to stand,” Hunter said. “The facts are extraordinarily sympathetic, and the judge’s order is quite narrow and limited. This is the kind of case that probably has much greater potential for changing public opinion than for making any rapid changes in Ohio state law.”

Jon Davidson, legal director for Lambda Legal, said he expects proceedings in the case to go forward and state defendants to put up a fight to protect the marriage ban, but predicted the couple would succeed.

“I am optimistic that the judge ultimately will issue a final ruling in the couple’s favor,” Davidson said. “I think he is correct that the state has no adequate justification for refusing to respect marriages same-sex couples have validly entered in other states while it, at the same time, respects other marriages that couples cannot enter in Ohio, such as those entered by first cousins or by minors.”

Davidson said what happens with this case if it reaches the U.S. Sixth Circuit Court of Appeals is less clear because it’s is known as being conservative. However, he said the compelling story of the plaintiff couple may convince judges to issue a favorable ruling toward them.

“While the Sixth Circuit historically has been among the most conservative federal courts of appeal in the country, many conservatives are coming to question arguments that have been used to deny same-sex couples the freedom to marry and the speed at which attitudes are changing is dramatic,” Davidson said. “And, were this to be the next case to reach the Supreme Court, I think some of the crucial justices could well be touched by the devotion and commitment of this brave couple.”

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National

Lou Chibbaro Jr. documentary wins award from NLGJA

‘Lou’s Legacy’ produced by D.C.’s Mattachine Society

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1 day ago

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September 2, 2026

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“Lou’s Legacy: a Reporter’s Life at the Washington Blade,” a documentary produced by The Mattachine Society of Washington, D.C., will receive an Excellence in Journalism Award from NLGJA, the Association of LGBTQ+ Journalists. 

The film premiered on WETA PBS in D.C. and Maryland Public Television (MPT) in June of 2025. The documentary’s Emmy-nominated director and producer Patrick Sammon will accept the award for Excellence in Local Television on Sept. 11 at NLGJA’s National Convention in San Francisco. 

“Lou’s Legacy” was produced in association with the Mattachine Society of Washington, D.C., a non-profit LGBTQ history society dedicated to conducting original archival research. Aside from Sammon, the NLGJA is recognizing other members of the film’s production team including Producer Julianne Donofrio, Editor Amir Jaffer, Executive Producer Charles Francis, and Executive Producer Pate Felts.  

“Lou’s Legacy” tells the story of two D.C. icons — legendary Washington Blade reporter Lou Chibbaro Jr. and beloved drag performer Donnell Robinson, known to generations of Washington audiences as “Ella Fitzgerald.” Through Lou’s nearly five-decade career at the Blade and Ella’s return to the stage after a three-year hiatus following COVID, the 29-minute documentary explores the history of Washington’s LGBTQ community and today’s rising backlash against LGBTQ rights, including laws targeting drag performers. 

“All students of journalism can learn a lot from the story of Lou Chibbaro, Jr. Lou has chronicled nearly five decades of LGBTQ+ life and the community’s struggle for equality in Washington, D.C. Lou’s work and the role of the queer press has been essential in covering stories the mainstream media would often ignore or erase,” said Ryan Levi, president of the D.C. chapter of the NLGJA.  

“We are thrilled to receive this award from the NLGJA,” said the film’s director Patrick Sammon. “Lou Chibbaro’s nearly five decade career at the Washington Blade demonstrates the essential role LGBTQ journalism plays in telling our community’s stories and documenting its history. This recognition from journalists who follow in Lou’s footsteps is particularly meaningful to me and the rest of our production team.”

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Arizona

Shooting outside gay bar in Ariz. leaves three dead

Tucson police investigating double murder-suicide as a hate crime

Published

2 days ago

on

September 1, 2026

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The shooting happened outside Venture-N bar in Tucson, Ariz. (Washington Blade photo by Michael K. Lavers)

Three people were fatally shot outside a gay bar in Tucson, Ariz., early Monday morning, about a mile from the city’s nightlife district.

Police have said the shooting, which took place in the parking lot of Venture-N bar at 1239 N. 6th Ave., was likely a hate crime and a double murder-suicide following a verbal altercation.

The suspect, Ousman Ceesay, allegedly shot Vincent Anthony Siqueiros and Cameron Davis Capara while they were outside the club around 12:30 a.m. Monday.

Reports show Capara and Siqueiros were pronounced dead at the scene. Ceesay died after being taken to a local hospital with gunshot wounds.

Police have also said that Ceesay was carrying a list of LGBTQ businesses at the time of the shooting.

Arizona Public Media has said police are investigating the case as a hate crime because the suspect was carrying a note containing the names of multiple LGBTQ-associated businesses.

“I am deeply saddened that another senseless loss of life has happened in our community,” Tucson Police Chief Monica Prieto said in a statement. “Bias-based crimes are especially heinous and have no place in our community.”

According to Prieto, there is no imminent threat to the community, and the Tucson Police Department is working to provide extra protection to various LGBTQ businesses across town.

Congresswoman Adelita Grijalva, who represents the area, issued a statement condemning the act of violence, which appears to have been at least in part motivated by homophobia.

“I am disgusted and deeply saddened to learn of a targeted act of hate and the cold-blooded murder of two members of our LGBTQIA+ community, Vincent Siqueiros and Cameron Capara, at the Venture-N bar in Tucson last night. This horrific attack is a painful reminder that even in welcoming communities like Tucson, hate and violence against the LGBTQIA+ community still exist.”

“When that hate is combined with easy access to firearms, the consequences can be deadly. I am sick and tired of Congress refusing to lift a finger to protect our communities while, every day, dozens of people are shot and killed across the country. It does not have to be this way. The House of Representatives is returning to session this week, and our first action should be passing common-sense gun safety reforms that we know can save lives.”

Other federal lawmakers also condemned the shooting.

The Congressional Equality Caucus, which is made up of federal legislators advancing LGBTQ interests, issued a statement after news broke.

“Our hearts are with the friends and loved ones of the victims of this devastating attack outside a Tucson gay bar and with the Tucson LGBTQI+ community,” it said on X. “No one should fear violence because of who they are — and we’re going to continue fighting to build a world where no one does.”

The Human Rights Campaign, the largest LGBTQ organization in the country, released a statement following the shooting.

“We are heartbroken by the loss of Vincent Anthony Siqueiros and Cameron Davis Capara and our hearts are with their families, loved ones, and the entire Tucson LGBTQ+ community. Once again, we are reminded that gun violence robs people of their lives, destroys families, and devastates communities.”

A candlelight vigil honoring the victims is planned for Sept. 2 at 6:30 p.m. at Catalina Park in North Tucson.

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Congress

HRC president campaigns for Chris Pappas in NH

Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen

Published

3 days ago

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August 31, 2026

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Human Rights Campaign President Kelley Robinson, left, campaigns with U.S. Rep. Chris Pappas (D-N.H.) in Manchester, N.H., on Aug. 30, 2026. (Photo courtesy of the Human Rights Campaign)

Human Rights Campaign President Kelley Robinson on Sunday campaigned for U.S. Rep. Chris Pappas (D-N.H.) in New Hampshire.

Robinson traveled to Manchester, the state’s largest city, nine days before the Sept. 8 primary that will determine who will vie for retiring U.S. Sen. Jeanne Shaheen (D-N.H.)’s seat.

Former U.S. Sen. John E. Sununu, who represented New Hampshire in the U.S. Senate from 2003-2009, will face off against former U.S. Sen. Scott Brown, who represented Massachusetts in the U.S. Senate from 2010-2013, in the Republican primary.

Karishma Manzur is among the Democrats challenging Pappas.

A poll the University of New Hampshire Survey Center released on Aug. 26 shows Sununu is ahead of Brown. The same survey shows Pappas ahead of Manzur and his other Democratic challengers.

The UNH Survey Center poll shows Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.

Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.

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