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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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Cuba

Trans parent charged with kidnapping, allegedly fled to Cuba with child

Cuban authorities helped locate Rose Inessa-Ethington

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A transgender Pride flag flies over Mi Cayito, a beach east of Havana. Cuban authorities helped locate a transgender woman who U.S. authorities fled to the island with her 10-year-old child who she allegedly kidnapped. (Washington Blade photo by Michael K. Lavers)

Federal authorities have charged a transgender woman with kidnapping after she allegedly fled to Cuba with her 10-year-old child.

An affidavit that Federal Bureau of Investigation Special Agent Jennifer Waterfield filed in U.S. District Court for the District of Utah on April 16 notes the child is a “biological male who identifies as a female” and “splits time living with divorced parents who share custody” in Cache County, Utah.

Waterfield notes the child on March 28 “was supposed to be traveling by car to” Calgary, Alberta, “for a planned camping trip with his transgender mother, Rose Inessa-Ethington, Rose’s partner, Blue Inessa-Ethington, and Blue’s 3-year-old child.”

The affidavit notes the group instead flew from Vancouver, British Columbia, to Mexico City on March 29. Waterfield writes the Inessa-Ethingtons and the two children then flew from Mérida, Mexico, to Havana on April 1.

The 10-year-old child called her biological mother on March 28 after they arrived in Canada. The custody agreement, according to the affidavit, required Rose Inessa-Ethington to return the child to her former spouse on April 3.

“Interviews of MV [Minor Victim] 1’s family members provided significant concerns for MV 1’s well-being, as MV 1 was born a male, however, identifies as a female child, which is largely believed to be due to manipulation by Rose Inessa-Ethington,” reads the affidavit. “Concerns exist that MV 1 was transported to Cuba for gender reassignment surgery prior to puberty.”

The affidavit indicates authorities found a note in the Inessa-Ethingtons’ home with “instruction from a mental health therapist located in Washington, D.C., including instruction to send the therapist the $10,000.00 and instructions on gender-affirming medical care for children.”

The affidavit does not identify the specific “mental health therapist” in D.C.

A Utah judge on April 13 ordered Rose Inessa-Ethington to “immediately” return the child to her former spouse. The former spouse also received sole custody.

“Your affiant believes that due to the extensive planning and preparation exhibited by both Rose Inessa-Ethington and Blue Inessa-Ethington to isolate MV 1 and take MV 1 to Havana, Cuba, without notifying or requesting permission from MV 1’s mother indicates they are likely not planning to return to the United States,” wrote Waterfield.

The affidavit notes Cuban authorities found the Inessa-Ethingtons and the child.

A press release the U.S. Attorney’s Office for the District of Utah issued notes the Inessa-Ethingtons “were deported from Cuba” on Monday “with the assistance of the FBI.”

The couple has been charged with International Parental Kidnapping. The Inessa-Ethingtons were arraigned in Richmond, Va., on Monday. The press release notes a federal court in Salt Lake City will soon handle the case.

The New York Times reported the child is now back with their biological mother.

“We are grateful to law enforcement for working swiftly to return the child to the biological mother,” said First Assistant U.S. Attorney Melissa Holyoak of the District of Utah in the press release.

The case is unfolding against the backdrop of increased tensions between Washington and Havana after U.S. forces on Jan. 3 seized now former Venezuelan President Nicolás Maduro and his wife, Cilia Flores.

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. A second White House directive banned federally-funded gender-affirming care for anyone under 19.

The U.S. Supreme Court last year in the Skrmetti decision upheld a Tennessee law that bans gender-affirming care for minors.

Cuba’s national health care system has offered free sex-reassignment surgeries since 2008.

Activists who are critical of Mariela Castro, the daughter of former President Raúl Castro who spearheads LGBTQ issues as director of Cuba’s National Center for Sexual Education, have previously told the Washington Blade that access to these procedures is limited. The Blade on Wednesday asked a contact in Havana to clarify whether Cuban law currently allows minors to undergo sex-reassignment surgery.

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Rehoboth Beach

Rehoboth Summer Kickoff Party set for May 15 with Ashley Biden

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Former first lady Jill Biden and daughter, Ashley Biden attend the White House Pride celebration on June 26, 2024. (Blade photo by Michael Key)

The Washington Blade’s 19th annual Summer Kickoff Party is scheduled for Friday, May 15 in Rehoboth Beach, Del.

Ashley Biden, daughter of President Joe Biden, has joined the list of speakers, the Blade announced. She will accept an award on behalf of her brother Beau Biden for his LGBTQ advocacy work as Delaware attorney general. (Her appearance was rescheduled from last year.)

The event, to be held this year at Diego’s (37298 Rehoboth Ave. Ext.) from 5-7 p.m., is a fundraiser for the Blade Foundation’s Steve Elkins Memorial Fellowship in Journalism, which funds a summer position reporting on LGBTQ news in Delaware. This year’s recipient will be introduced at the event.

The event will also feature remarks from state Rep. Claire Snyder-Hall. New CAMP Rehoboth Executive Director Dr. Robin Brennan and Blade editor Kevin Naff will also speak. The event is generously sponsored by Realtor Justin Noble, The Avenue Inn & Spa, and Diego’s.

A suggested donation of $25 is partially tax deductible and includes a drink ticket and light appetizers. Tickets are available in advance at bladefoundation.org/rehoboth or at the door. 

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District of Columbia

Curve magazine honors Washington Blade publisher

Lynne Brown named to 2026 Power List

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Blade Publisher Lynne Brown is being honored by Curve magazine.

Washington Blade Publisher Lynne Brown has been named to the 2026 Curve Power List celebrating LGBTQ+ women and nonbinary individuals in North America who are blazing trails in their chosen fields.

“From sports and entertainment icons to corporate leaders and lawmakers, these individuals are breaking barriers, challenging norms, and shaping the future,” Curve Foundation/Curve magazine said in announcing this year’s list, which includes ABC newscaster Robin Roberts, comedian/actress Hannah Einbinder, and singer/actress Renee Rapp, among others.

Brown has worked for the Washington Blade for nearly 40 years. She was named publisher in 2007 before becoming a co-owner in 2010. 

“I am honored to be recognized by Curve magazine during Lesbian Visibility Week,” Brown said. “Receiving this Curve honor is twofold. I was an early subscriber to Curve. I enjoy the product and know its history. Its journalism, layout and humorous features have inspired me.   

“As an owner/publisher, receiving recognition from a similar source acknowledges my work and efforts, with a sincerity I truly appreciate. Franco Stevens, the publisher of Curve, is a business person of duration, experience, and purpose. The fact that they are in the media business, and honoring me and my publication makes it a tiny bit sweeter.” 

Nominations for the Curve Power List come from the community: peers, mentors, fans, and employers. 

Curve explained the significance of the list in its announcement: “An annual, publicly nominated list of impactful LGBTQ+ women and nonbinary changemakers is crucial in current times to counter discrimination, legislative rollbacks, hostility, and the invisibility of queer women within mainstream and marginal spaces and endeavors. Such a list also fosters encouragement and solidarity, and elevates voices and achievements—from high-profile roles to under appreciated areas of life.”

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