Ohio's Ban On Recognizing Same-Sex Marriages From Elsewhere Invalidated, But Most of Order Stayed Pending Appeal

In Henry v. Himes, (SD OH, April 14, 2014), an Ohio federal district court held that Ohio's bans on recognizing same-sex marriages validly performed in other jurisdictions are "facially unconstitutional and unenforceable under any circumstances." Legal Times reports on the decision. Judge Black had announced earlier this month that this ruling was coming. In a follow-up opinion today (full text) the court stayed its broad ruling on facial unconstitutionality  while the case is appealed  However the court refused to stay the order as to the "as applied" claims of the four same-sex couples who brought the lawsuit. Judge Black ordered the state to issue birth certificates for these Plaintiffs’ children which list both lawfully married same-sex spouses as parents.