News
Judge orders Ohio to recognize same-sex marriages for death certificates
In narrow ruling, other parts of marriage ban remain standing
A federal judge has ruled the state must recognize same-sex marriage for the purposes of death certificates. Image via wikimedia)
A federal judge in Ohio has ruled the state’s ban on same-sex marriage is unconstitutional — but only insofar as it prohibits the state from including the names of surviving same-sex spouses on death certificates.
U.S. District Judge Timothy Black ruled in the case of Obergefell v. Kasich that Ohio’s refusal to recognize the marriages of same-sex couples that married in other jurisdictions violates their rights under the Fourteenth Amendment to the U.S. Constitution.
“The Court’s ruling today is a limited one, and states simply, that under the Constitution of the United States, Ohio must recognize valid out-of-state marriages between same-sex couples on Ohio death certificates, just as Ohio recognizes all other out-of-state marriages,” Black writes.
Although the lawsuit against the same-sex marriage ban was an as-applied challenge to the lawsuit, the ruling will apply to all married same-sex couples for the purposes of death certificates throughout the state. The court ordered the state to communicate its ruling to “all persons within Ohio who assist with completing Ohio death certificates.”
The case was filed by a now widower, James Obergefell, whose spouse, John Arthur, suffered from Lou Gehrig’s disease and died in October. Prior to his death, the couple flew from Ohio in a specifically fitted aircraft to BWI Airport in Maryland to exchange vows on the tarmac before returning to Cincinnati on the same day.
They then sued in the state federal court for recognition in time for Obergefell’s name to appear on Arthur’s death certificate. Black ordered the state to recognize the marriage through a temporary restraining order.
Since that time, another widower, David Michener, also joined as a plaintiff in the lawsuit and sought to have his name on the death certificate of his deceased spouse, who previously died unexpectedly of natural causes. Black also granted them recognition of their marriage through a temporary restraining order.
Plans are already underway for state officials — Ohio Gov. John Kasich and Attorney General Mike Dewine — to appeal the decision to the U.S. Sixth Circuit Court of Appeals.
Rob Nichols, a Kasich spokesperson said, “We disagree with the court’s ruling and the state will appeal it.”
Lisa Hackley, a Dewine spokesperson, said the decision was made after internal deliberation within the Kasich administration.
“Following the judge’s decision, we have consulted with our client, Director Theodore E. Wymyslo, M.D. of the Ohio Department of Health,” Hackley said. “Following our client’s wishes, we will appeal the decision to the U.S. Sixth Circuit Court of Appeals.”
Belarus
Belarusian president signs bill to allow LGBTQ rights crackdown
Alexander Lukashenko known as ‘Europe’s last dictator’
Belarusian President Alexander Lukashenko on Wednesday signed a bill that will allow his government to crack down on LGBTQ advocacy.
The measure that Lukashenko, who is known as “Europe’s last dictator” and is a close ally of Russian President Vladimir Putin, signed would punish anyone found guilty of “propaganda of homosexual relations, gender change, refusal to have children, and pedophilia” with fines, community labor, and 15 days in jail.
The House of Representatives, the lower house of the Belarusian National Assembly, last month approved the bill. The Council of the Republic, which is the parliament’s upper chamber, passed it on April 2.
Belarus borders Poland, Ukraine, Russia, Latvia, and Lithuania.
Kazakhstan is among the countries that have enacted Russian-style anti-LGBTQ propaganda laws in recent years.
The European Commission in 2022 sued Hungary, which is a member of the EU, over its anti-LGBTQ propaganda law. Hungarian voters on April 12 ousted Viktor Orbán, a Putin ally who had been their country’s prime minister since 2010.
District of Columbia
Gay D.C. police lieutenant arrested on child porn charges
Matthew Mahl once served as head of LGBT Liaison Unit
D.C. police announced on April 14 that they have placed one of their lieutenants, Matthew Mahl, on administrative leave and revoked his police powers after receiving information that he was arrested in Maryland one day earlier.
Although the initial D.C. police announcement doesn’t disclose the reason for the arrest it refers to a statement by the Harford County, Md. Sheriff’s Office that discloses Mahl has been charged with sexual solicitation of a minor and child porn solicitation.
“On Tuesday, the Harford County Sheriff’s Office contacted MPD’s Internal Affairs Division shortly after arresting Lieutenant Matthew Mahl,” the D.C. police statement says.
“The allegations in this case are extremely disturbing, and in direct contrast to the values of the Metropolitan Police Department,” the statement continues. “MPD’s Internal Affairs Division will investigate violations of MPD policy once the criminal investigation concludes,” it says.
“MPD is not involved in the criminal investigation and was not aware of the investigation until yesterday,” the statement adds.
Mahl served as acting supervisor of the MPD’s then Gay & Lesbian Liaison Unit in 2013 when he held the rank of sergeant. D.C. police officials placed him on administrative leave and suspended his police powers that same year while investigating an undisclosed allegation.
A source familiar with the investigation said Mahl was cleared of any wrongdoing a short time later and resumed his police duties. Around the time he was promoted to lieutenant several years later Mahl took on the role as chairman of the D.C. Police Union, becoming the first known openly gay officer to hold that position.
NBC 4 reports that Mahl, 47, has served on the police force for 23 years and most recently was assigned to the department’s Special Operations Division.
Records related to Mahl’s arrest filed in Harford County District Court, show Sheriff’s Department investigators state in charging documents that he allegedly committed the offenses of Sexual Solicitation of a Minor and Child Porn Solicitation on Monday, April 13, one day before he was arrested on April 14.
The court records show he was held without bond during his first appearance in court on April 14. A decision on whether he would be released while awaiting trial or continue to be held without bond was scheduled to be determined during an April 15 bond hearing. The outcome of that hearing could not be immediately determined.
National
Demonstrators disrupt OMB director hearing over PEPFAR
Capitol Police arrested five protesters
A group of protesters interrupted Office of Management and Budget Director Russell Vought during his testimony before Congress on Wednesday.
Vought was at the Cannon House Office Building to give testimony to the House Budget Committee.
Committee Chair Jodey Arrington (R-Texas) began the hearing by touting what he described as economic accomplishments of the Trump-Vance administration’s economic accomplishments. Ranking Member Brendan Boyle (D-Pa.) disputed those claims in his opening statement.
Boyle went on to admonish Vought for not attending a committee hearing in the previous year.
Vought, the “Project 2025” architect, was invited to speak after Arrington and Boyle made their statements.
Shortly after Vought began reading his statement, Housing Works CEO Charles King stood up in the gallery and began shouting, “PEPFAR saves lives: spend the money!”
The U.S. Capitol Police moved quickly to escort King from the room. Other activists began chanting with King as they unfolded signs bearing a picture of Vought’s face and statements such as, “Vought’s cuts kill people with AIDS,” and “Protect PEPFAR from Vought.”
The group of HIV/AIDS activists included independent activists, former U.S. Agency for International Development and PEPFAR staff, members of Health GAP, Housing Works, and the Treatment Action Group. Six activists were escorted from the hearing and the U.S. Capitol Police detained five of them.
The HIV/AIDS treatment activists protested at the hearing in response to the dismantling of global health programs, including PEPFAR, a federally-funded program credited with saving millions of lives from HIV/AIDS, particularly in sub-Saharan Africa.
“Russell Vought is directly responsible for illegally withholding Congressionally appropriated funds for PEPFAR and related global health initiative,” King said in a statement provided to the Washington Blade. “These funding disruptions have already contributed to preventable deaths and threaten to reverse decades of progress in the fight against HIV worldwide. Enough is enough. Congress must ensure Vought stops this deadly sabotage.”
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