A federal judge said Friday that he will order Ohio to recognize out-of-state gay marriages, a move that would strike down part of the state's ban on gay marriages but stop short of forcing it to perform same-sex weddings, according to The Washington Post.
Judge Timothy Black announced his intentions in federal court in Cincinnati following final arguments in a lawsuit that challenged the constitutionality of the marriage ban, the Post reported. Black said he'll issue the ruling April 14
"I intend to issue a declaration that Ohio's recognition bans, that have been relied upon to deny legal recognition to same-sex couples validly entered in other states where legal, violates the rights secured by the 14th Amendment to the U.S. Constitution," Black said, according to the Post. "(They're) denied their fundamental right to marry a person of their choosing and the right to remain married."
The civil rights attorneys who filed the February lawsuit did not ask Black to order the state to perform gay marriages, and he did not say he would do so, the Post reported.
Gay marriage is legal in 17 states and the District of Columbia, according to the Post. Federal judges have also struck down bans in Michigan, Utah, Texas, Oklahoma and Virginia, and ordered Kentucky and Tennessee to recognize out-of-state gay marriages, though stays have been issued pending appeals.
Dan Tierney, a spokesman for Ohio's attorney general, said the state will appeal Black's order when it comes out but declined to comment further, the Post reported.
Attorneys for the state argued that it's Ohio's sole province to define marriage as between a man and a woman, that the statewide gay marriage ban doesn't violate any fundamental rights, and that attorneys improperly expanded their originally narrow lawsuit, according to the Post.
"Ohio has made its own decision regarding marriage, deciding to preserve the traditional definition," state's attorneys argued in court filings ahead of Friday's hearing, the Post reported.
Black didn't say why he made the announcement on his ruling before he issues it, but by stating his intention ahead of his ruling, Black gave time for the state to prepare an appeal that can be filed as soon as he does, according to the Post. The state can also work on asking Black for a stay in his ruling pending appeal.
