Federal judge orders Ohio to recognize same-sex marriages

CINCINNATI (AP) — A federal judge on Monday ordered Ohio authorities to recognize the marriages of same-sex couples performed in other states, the latest court victory for gay rights supporters.

Judge Timothy Black ruled that refusing to recognize gay marriage is a violation of constitutional rights and “unenforceable in all circumstances.”

“The record before this court ... is staggeringly devoid of any legitimate justification for the state’s ongoing arbitrary discrimination on the basis of sexual orientation,” Black wrote.

The order does not force Ohio to allow gay marriages to be performed in the state.

The state plans to appeal Black’s ruling, arguing that Ohio has a sovereign right to ban gay marriage, which voters did overwhelmingly in 2004.

Black delayed deciding whether to issue a stay of his ruling pending the state’s appeal in the Cincinnati-based 6th U.S. Circuit Court of Appeals until after attorneys on both sides present arguments on the issue by Tuesday.

However, Black said he is inclined to stay his ruling pending appeal, except for a portion that applies to the four gay couples who filed the February lawsuit that led to the court case. That would mean the state would immediately have to recognize their marriages and list both spouses as parents on their children’s birth certificates.

If Black declines to stay his broader ruling, that would allow gay couples in Ohio to obtain the same benefits as any other married couple in the state, including property rights and the right to make some medical decisions for their partner.

Ohio Attorney General Mike DeWine told The Associated Press last week that he beli