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Judge orders Ohio to recognize same-sex marriages for death certificates

In narrow ruling, other parts of marriage ban remain standing

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National LGBT Bar Association, Gay News, Washington Blade

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.”

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Iran

Grenell: ‘Real hope’ for gay rights in Iran as result of nationwide protests

Former ambassador to Germany claimed he has sneaked ‘gays and lesbians out of’ country

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Former U.S. Ambassador to Germany Richard Grenell at a Senate Judiciary Committee hearing in January 2025. (Washington Blade Photo by Michael Key)

Richard Grenell, the presidential envoy for special missions of the United States, said on X on Tuesday that he has helped “sneak gays and lesbians out of Iran” and is seeing a change in attitudes in the country.

The post, which now has more than 25,000 likes since its uploading, claims that attitudes toward gays and lesbians are shifting amid massive economic protests across the country. 

“For the first time EVER, someone has said ‘I want to wait just a bit,” the former U.S. ambassador to Germany wrote. “There is real hope coming from the inside. I don’t think you can stop this now.”

(Grenell’s post on X)

Grenell has been a longtime supporter of the president.

“Richard Grenell is a fabulous person, A STAR,” Trump posted on Truth Social days before his official appointment to the ambassador role. “He will be someplace, high up! DJT”

Iran, which is experiencing demonstrations across all 31 provinces of the country — including in Tehran, the capital — started as a result of a financial crisis causing the collapse of its national currency. Time magazine credits this uprising after the U.N. re-imposed sanctions in September over the country’s pursuit of nuclear weapons.

As basic necessities like bread, rice, meat, and medical supplies become increasingly unaffordable to the majority of the more than 90 million people living there, citizens took to the streets to push back against Iran’s theocratic regime.

Grenell, who was made president and executive director of the John F. Kennedy Center for the Performing Arts last year by Trump, believes that people in the majority Shiite Muslim country are also beginning to protest human rights abuses.

Iran is among only a handful of countries in which consensual same-sex sexual relations remain punishable by death, according to the Death Penalty Information Center.

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Virginia

Mark Levine loses race to succeed Adam Ebbin in ‘firehouse’ Democratic primary

State Del. Elizabeth Bennett-Parker won with 70.6 percent of vote

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Former Va. state Del. Mark Levine (D-Alexandria)

Gay former Virginia House of Delegates member Mark Levine (D-Alexandria) lost his race to become the Democratic nominee to replace gay state Sen. Adam Ebbin (D-Alexandria) in a Jan. 13 “firehouse” Democratic primary.

Levine finished in second place in the hastily called primary, receiving 807 votes or 17.4 percent. The winner in the four-candidate race, state Del. Elizabeth Bennett-Parker, who was endorsed by both Ebbin and Gov.-elect Abigail Spanberger received 3,281 votes or 70.6 percent.

Ebbin, whose 39th Senate District includes Alexandria and parts of Arlington and Fairfax Counties, announced on Jan. 7 that he was resigning effective Feb. 18, to take a job in the Spanberger administration as senior advisor at the Virginia Cannabis Control Authority.

Results of the Jan. 13 primary, which was called by Democratic Party leaders in Alexandria, Arlington, and Fairfax, show that candidates Charles Sumpter, a World Wildlife Fund director, finished in third place with 321 voters or 6.9 percent; and Amy Jackson, the former Alexandria vice mayor, finished in fourth place with 238 votes or 5.1 percent.

Bennett-Parker, who LGBTQ community advocates consider a committed LGBTQ ally, will now compete as the Democratic nominee in a Feb. 10 special election in which registered voters in the 39th District of all political parties and independents will select Ebbin’s replacement in the state senate.

The Alexandria publication ALX Now reports that local realtor Julie Robben Linebery has been selected by the Alexandria Republican City Committee to be the GOP candidate to compete in the Jan. 10 special election. According to ALX Now, Lineberry was the only application to run in a now cancelled special party caucus type event initially called to select the GOP nominees.

It couldn’t immediately be determined if an independent or other party candidate planned to run in the special election.  

Bennett-Parker is considered the strong favorite to win the Feb. 10 special election in the heavily Democratic 39th District, where Democrat Ebbin has served as senator since 2012. 

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Congress

Van Hollen speaks at ‘ICE Out for Good’ protest in D.C.

ICE agent killed Renee Nicole Good in Minneapolis on Jan. 7

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U.S. Sen. Chris Van Hollen (D-Md.) speaks at the 'ICE Out for Good' rally in D.C. (Washington Blade photo by Michael Key)

U.S. Sen. Chris Van Hollen (D-Md.) is among those who spoke at an “ICE Out for Good” protest that took place outside U.S. Customs and Border Protection’s headquarters in D.C. on Tuesday.

The protest took place six days after a U.S. Immigration and Customs Enforcement agent shot and killed Renee Nicole Good, a 37-year-old woman in Minneapolis.

Good left behind her wife and three children.

(Video by Michael K. Lavers)

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