Politics
Judge orders recognition of another same-sex marriage in Ohio
State must list Michener as surviving spouse on partner’s death certificate

A judge has granted another restraining order in Ohio to recognize the marriage of a same-sex couple.
More than one month after the story of same-sex couple seeking recognition of their marriage moved the country, the federal judge that ordered Ohio to observe that union has now done the same for a gay man seeking recognition of his union to his departed spouse.
In a three-page restraining order, U.S. District Judge Timothy Black on Tuesday ordered the State of Ohio recognize the marriage of a Cincinnati couple that married in Delaware in July, but where one person in the relationship unexpectedly died of natural causes last month.
Black ruled that David Michener, the surviving spouse in the relationship, is eligible for the restraining order because of immediate need for action as well as the likely success of his claim that the state constitutional amendment in Ohio barring recognition of his marriage violates the First and Fourteenth Amendments under the U.S. Constitution.
“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 David Michener,” Black writes.
Additionally, the judge allows Michener to join with plaintiff James Obergefell as part of the lawsuit seeking marriage equality in Ohio known as Obergefell v. Kasich.
Michener and his partner, William Herbert Ives, had been together 18 years and adopted three children together. After they lawfully married in Delaware last month, Ives unexpected died of natural causes on Aug. 27.
Ives’ remains are at the funeral home, and his cremation was scheduled for Wednesday. For the cremation to proceed, a death certificate must be issued. However, under current law, Ohio won’t recognize the couples as married. Michener sought a death certificate that lists him as a “surviving spouse” and recognizes him as married.
The judge on Tuesday granted that request through another temporary restraining order that enjoins state officials, including Gov. John Kasich and Attorney General Mike DeWine, from enforcing the state’s ban on same-sex marriage with respect to this couple. The order is set to expire on Sept. 17 unless the court decides to extend it.
Alphonse Gerhardstein, the private attorney representing Michener, said his client is unavailable to answer questions from the media.
“He must cremate his spouse and be strong for his three children,” Gerhardstein said. “That is his focus now and he cannot respond to press questions.”
Dan Tierney, a DeWine spokesperson, said the attorney general declines to comment at this time, but added there’s no way to appeal a temporary restraining order.
Michener is granted a restraining order after the same judge granted an earlier restraining order requiring Ohio to recognize the marriage of Obergefell to John Arthur, who’s terminally ill with Lou Gehrig’s disease.
The couple flew to Maryland in the plane specially fitted for Arthur, married on the Baltimore airport tarmac and returned to Ohio the next day. They sued Ohio to ensure Obergefell would be listed as a surviving spouse on Arthur’s death certificate.
Evan Wolfson, president of Freedom to Marry, said the judge was correct in his order and it demonstrates the need to lift the prohibition on same-sex marriage in Ohio.
“Ohio’s marriage discrimination imposes ‘severe and irreparable harm’ on loving and committed same-sex couples who deserve and need the same respect and legal safety-net as other married couples,” Wolfson said. “Ohioans were stampeded into putting marriage discrimination into their state constitution before they had a chance to really think it through. The amendment violates the U.S. Constitution and thus must fall.”
[h/t] Kathleen Perrin
2026 Midterm Elections
Markey’s primary win deemed success for LGBTQ activists
Mass. lawmaker champions transgender rights
U.S. Sen. Ed Markey (D-Mass.) clinched the Democratic seat for his reelection campaign in Massachusetts’s primary election on Tuesday.
Markey won the deep-blue state with 64.8 percent of the vote, according to NBC News, triumphing over Marine Corps combat veteran and Congressman Seth Moulton, who received 35.2 percent of the vote.
Massachusetts’s primary election, which determined which Democratic candidate will head to the polls to face off against the Republican challenger in November, is being considered a victory for LGBTQ-inclusive policy, as well as for a divisive pro-transgender rights candidate — both things Markey has become an outspoken champion of.
Markey has experience at multiple levels of government, from the state level, where he served three terms in the state House of Representatives, to his federal tenure, including 20 terms in the U.S. House of Representatives and is now serving his second term as a senator. He has become a fixture of a changing Democratic Party in one of the most consistently blue places in the U.S.
This primary — and much of the national discussion surrounding the Senate seat — focused a lot of campaigning power on fighting the growing sentiment, led mostly by Republicans, that the frustration many Americans feel lends itself to an anti-establishment and anti-incumbent attitude.
Markey ran his campaign using his past as a reflection of his commitment to constantly putting his best foot forward for Bay Staters — particularly with apprehension for issues younger and more progressive democrats have been righting for — including Green New Deal and “Medicare for All” while Moulton — who was also elected to federal office prior to this run — campaigned on being younger than Markey, arguing that he was not the same type of established politician.
Moulton also faced backlash for negative comments about trans athletes, sparking criticism for those who did want younger candidate but want for trans rights to be protected.
Markey’s track record of supporting the LGBTQ community is one of the most clear in federal politics, one that has garnered a “100 percent lifetime voting record” on the Human Rights Campaign’s PAC politician review scorecard.
That list of Markey’s actions includes being a cosponsor of the Equality Act, driving landmark legislation to ensure federal protections for LGBTQ Americans, and being one of the most vocal proponents for trans rights in the federal government — specifically in multiple appropriations bills and in the National Defense Authorization Act. He was also the lead sponsor of the Transgender Health Care Access Act and the Transgender Bill of Rights resolution.
Markey first introduced the Transgender Bill of Rights in the Senate in 2023, where it ultimately failed to be brought to law. He reintroduced the legislation this year once again. This was a direct response to the attitude pushed by many conservatives after 2021, when the push to minimize trans rights started to become a key part of their cause and has been constantly propped up by the Trump-Vance administration.
“Massachusetts needs a senator who stands up and fights back, a senator who never forgets who they are fighting for,” Markey said during his victory speech. “That has been the mission of my life, and it always will be.”
Following the calling of the primary, a slew of LGBTQ organizations rallied behind Markey, many pushing his past as an asset that puts his money where his mouth is through advocating for legislation specifically protecting the LGBTQ community.
Tyler Hack, the executive director of the Christopher Street Project, an organization dedicated to pushing for legal protections for trans americans, released a statement following Markey’s win. Hack argued that putting forward such a staunchly pro-trans candidate is a win for the community, especially after endorsing him earlier this year.
“Tonight, anti-trans politics lost. Massachusetts rejected the idea that attacking transgender people is a shortcut to political power. Voters chose a different path: one where equality is not negotiable, cruelty is not courage, and transgender people do not have to disappear for Democrats to succeed.”
The Human Rights Campaign also endorsed him as a candidate earlier this year and issued a statement via its president, Kelley Robinson.
“Ed Markey has spent decades fighting for LGBTQ+ equality, for working people, and for a more livable world,” Robinson said. “He knows why equality matters. He’s stood with us no matter what. We were proud to endorse him this year, and when a pro-equality majority takes back the Senate this fall, we will continue to count on him as a champion for our community.”
Markey is running for reelection against Republican John Deaton in November, where he is expected to win.
Congress
HRC president campaigns for Chris Pappas in NH
Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen
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.
We’re hitting the pavement across New Hampshire to fight for a freer, fairer future for everyone.
Glad to have Human Rights Campaign President @KelleyJRobinson join us for a canvass launch in Manchester today. pic.twitter.com/XWCEaQxy4o
— Chris Pappas (@ChrisPappasNH) August 30, 2026
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.
Congress
Chris Van Hollen says the Democratic Party needs change. Is he the one to lead it?
Senator is backing anti-establishment Democrats across the country
By LEE O. SANDERLIN | The Democratic Party is having something of an identity crisis — losing to President Donald Trump twice in three elections will do that.
Should the party embrace anti-establishment figures who espouse progressive policy ideas like Medicare for all and rhetoric about unrigging the economy for the 1 percent? Or should Democrats try to appeal to moderates who want to return to semi-normalcy in a time of political upheaval?
Although he’s been in Congress since 2002, with key leadership roles throughout his tenure, Maryland Sen. Chris Van Hollen, 67, counts himself firmly in the anti-establishment camp.
The rest of this article can be found on the Baltimore Banner’s website.
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