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(Buzzfeed)   Federal judge in Ohio rules that state bans on same sex marriage violate US Constitution   (buzzfeed.com) divider line 427
    More: News, United States Constitution, Ohio, James Obergefell, Anne Arundel County, same-sex marriages, death certificates, Rob Nichols, same-sex couples  
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19794 clicks; posted to Main » on 23 Jul 2013 at 1:51 AM (38 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-07-22 08:59:30 PM
Subby, you couldn't even type out "same-sex marriage"? Really?
 
2013-07-22 09:02:41 PM
IT is a TRO, there hasn't been any argument about it yet. This is not a big deal.
 
2013-07-22 09:07:51 PM
It begins!!!  It starts with a muslim-kenyan-socialist-fascist dictator that was only elected by voter intimidation.

Then we have the Windsor case, and now other federal judges have to respect the Windsor case because of some weird-ass rule B. Hussein Obama made about "binding precedent" whatever the fark that means...and it's like the farking dominoes are finally falling.  Would G. Walker Bush have allowed the liberal tyrants at the Supreme Court to destroy marriage?!  NO!  He would have used his VETO power!

It's time for your come to Jesus moment, libtards.
 
2013-07-22 09:09:10 PM

feckingmorons: IT is a TRO, there hasn't been any argument about it yet. This is not a big deal.


The judge wouldn't have granted the preliminary injunction (TRO) if he thought it was merit-less.
 
2013-07-22 09:13:18 PM
needs more ?fapfapfappityfap

;)

Only kidding submitter.
 
2013-07-22 09:13:21 PM
i105.photobucket.com
Bigotry, intolerance, prejudice, and social "conservatism" always lose.

Always.
 
2013-07-22 09:14:51 PM

FloydA: [i105.photobucket.com image 277x277]
Bigotry, intolerance, prejudice, and social "conservatism" always lose.

Always.


It just takes too long.
 
2013-07-22 09:19:11 PM

dr_blasto: FloydA: [i105.photobucket.com image 277x277]
Bigotry, intolerance, prejudice, and social "conservatism" always lose.

Always.

It just takes too long.


Much too long.
 
2013-07-22 09:21:15 PM

Rwa2play: dr_blasto: FloydA: [i105.photobucket.com image 277x277]
Bigotry, intolerance, prejudice, and social "conservatism" always lose.

Always.

It just takes too long.

Much too long.


I dunno. I get a sort of sadistic pleasure in watching the bigots' world crumble before their eyes after a long life of believing they were in the right, with them going to their deaths knowing they failed and their work was all for naught.
 
2013-07-22 09:22:33 PM

ambassador_ahab: It begins!!!  It starts with a muslim-kenyan-socialist-fascist dictator that was only elected by voter intimidation.

Then we have the Windsor case, and now other federal judges have to respect the Windsor case because of some weird-ass rule B. Hussein Obama made about "binding precedent" whatever the fark that means...and it's like the farking dominoes are finally falling.  Would G. Walker Bush have allowed the liberal tyrants at the Supreme Court to destroy marriage?!  NO!  He would have used his VETO power!

It's time for your come to Jesus moment, libtards.


God, trolls let anyone in their club these days.
 
2013-07-22 09:23:21 PM
Ahhh, progress. One state at a time, one country at a time. Sometimes it falters and appears to stall or even reverse. But slowly, inexorably, progress rumbles forward.
 
2013-07-22 09:23:51 PM

Aarontology: Rwa2play: dr_blasto: FloydA: [i105.photobucket.com image 277x277]
Bigotry, intolerance, prejudice, and social "conservatism" always lose.

Always.

It just takes too long.

Much too long.

I dunno. I get a sort of sadistic pleasure in watching the bigots' world crumble before their eyes after a long life of believing they were in the right, with them going to their deaths knowing they failed and their work was all for naught.


I'm sure that lots of people got the same pleasure when Louis XIV met his end, they just didn't have to wait for it.
 
2013-07-22 09:30:27 PM

Aarontology: I dunno. I get a sort of sadistic pleasure in watching the bigots' world crumble before their eyes after a long life of believing they were in the right, with them going to their deaths knowing they failed and their work was all for naught.


Too true; there is that sadistic satisfaction that I feel when their efforts to spread ignorance goes by the boards.
 
2013-07-22 09:30:43 PM
Reciprocity, how does that work again?

They were legally married, and even if you're not real thrilled by the thought, if it was legal in the state it was performed in, it's legal in your state. Unless of course folks really want to open that whole miscegenation thing again...
 
2013-07-22 09:39:03 PM

ambassador_ahab: feckingmorons: IT is a TRO, there hasn't been any argument about it yet. This is not a big deal.

The judge wouldn't have granted the preliminary injunction (TRO) if he thought it was merit-less.


The case is apparently only 3 days old, hardly time for anything.
 
2013-07-22 09:39:04 PM
This is not just another domino. This is a big farking deal. I love watching history happen. I watched the Berlin Wall come down. Now this.

Wipes away tear.
 
2013-07-22 09:44:09 PM

dr_blasto: It just takes too long.


Rwa2play: Much too long.


That's certainly true.   (I admit my sense of time is somewhat skewed.  I think of the bronze age as "new stuff.")

Still, when I was young and not yet fat, gouty, and arthritic, Stonewall was a pretty big deal.  I have to admit that we've made progress, even if not enough yet.  We're moving the right direction, at least.
 
2013-07-22 09:52:44 PM

revrendjim: This is a big farking deal.


But it's canceled by the fact it's in Ohio.

Now, if this could happen in a real state....
 
2013-07-22 09:56:48 PM
As an Ohio resident and government lawyer, allow me to say,
WOOOHOOOO!
 
2013-07-22 09:59:34 PM

feckingmorons: IT is a TRO, there hasn't been any argument about it yet. This is not a big deal.


For a TRO to issue, the court must find the plaintiff likely to prevail. (Yes I am a lawyer who defends TROs regularly)

So it is indeed a BFD.
 
2013-07-22 10:15:38 PM
FYI y'all I am reviewing the docket in PACER right now and it appears that Defendants Kasich (Gov.) and DeWine (AG) actually responded to the TRO before the court ruled.  (Technically that takes it out of TRO territory and makes it a preliminary injunction).  Attorneys appeared and argued for all sides
 
2013-07-22 10:18:01 PM
... And I know some of those lawyers
 
2013-07-22 10:19:24 PM

doglover: revrendjim: This is a big farking deal.

But it's canceled by the fact it's in Ohio.

Now, if this could happen in a real state....


I spent five years of my life in Ohio. Eighth grade through high school graduation. The fact that I left for the Army two weeks later and have never again set foot in the state again means something.
 
2013-07-22 10:22:49 PM
If you are in favor of same-sex marriage, watch this video about the couple in this lawsuit.

But be sure to have the hankies handy

http://news.cincinnati.com/article/20130714/NEWS10/307140009/To-get- ma rried-they-left-Ohio?odyssey=mod|newswell|text|FRONTPAGE|p
 
2013-07-22 10:25:26 PM

pootsie: FYI y'all I am reviewing the docket in PACER right now and it appears that Defendants Kasich (Gov.) and DeWine (AG) actually responded to the TRO before the court ruled.  (Technically that takes it out of TRO territory and makes it a preliminary injunction).  Attorneys appeared and argued for all sides


Just favorited you as Ohio PACER Guy. Hope to see you in the rest of these threads.
 
2013-07-22 10:28:36 PM

mootmah: pootsie: FYI y'all I am reviewing the docket in PACER right now and it appears that Defendants Kasich (Gov.) and DeWine (AG) actually responded to the TRO before the court ruled.  (Technically that takes it out of TRO territory and makes it a preliminary injunction).  Attorneys appeared and argued for all sides

Just favorited you as Ohio PACER Guy. Hope to see you in the rest of these threads.


LOL, thanks.  Would not be here if Unfreakable had not gifted me one month of TF a short time ago (cuz he liked a song I posted).  Thanks, Unfreakable!
 
2013-07-22 10:34:44 PM
And here are the opening paragraphs of the judge's glorious opinion:

This is not a complicated case. The issue is whether the State of Ohio can discriminate against same sex marriages lawfully solemnized out of state, when Ohio law has historically and unambiguously provided that the validity of a marriage is determined by whether it complies with the law of the jurisdiction where it was celebrated.

Throughout Ohio's history, Ohio law has been clear: a marriage solemnized outside of Ohio is valid in Ohio if it is valid where solemnized. Thus, for example, under Ohio law, out-of-state marriages between first cousins are recognized by Ohio, even though Ohio law does not authorize marriages between first cousins. Likewise, under Ohio law, out of state marriages of minors are recognized by Ohio, even though Ohio law does not authorize marriages of minors.

How then can Ohio, especially given the historical status of Ohio law, single out same sex marriages as ones it will not recognize? The short answer is that Ohio cannot ... at least not under the circumstances here.

By treating lawful same sex marriages differently than it treats lawful opposite sex marriages (e.g., marriages of first cousins and marriages of minors), Ohio law, as applied to these Plaintiffs, likely violates the United States Constitution which guarantees that "No State shall make or enforce any law which shall ... deny to any person within its jurisdiction equal protection of the laws."


...

Indeed, just as Justice Scalia predicted in his animated dissent, by virtue of the present lawsuit, "the state-law shoe" has now dropped in Ohio. Windsor, 133 S.Ct. at 77-78.

Let me repeat that last delicious bite for you ...

Indeed, just as Justice Scalia predicted in his animated dissent, by virtue of the present lawsuit, "the state-law shoe" has now dropped in Ohio. Windsor, 133 S.Ct. at 77-78.
 
2013-07-22 10:35:56 PM
My sister and sister-in-law got married in a church in Illinois 5 years ago, still waiting to get married legally. We've invited them repeatedly to come to CT to get married, I don't know what they're waiting for.

I hope Ohio goes down soon, with many more states to follow, because it's stupid to think that you could be married between 9am and 5pm, in Manhattan, then go home to New Jersey, and not be married. And then go back to work the next morning, and be married again.
 
2013-07-22 10:39:51 PM

kimwim: My sister and sister-in-law got married in a church in Illinois 5 years ago, still waiting to get married legally. We've invited them repeatedly to come to CT to get married, I don't know what they're waiting for.

I hope Ohio goes down soon, with many more states to follow, because it's stupid to think that you could be married between 9am and 5pm, in Manhattan, then go home to New Jersey, and not be married. And then go back to work the next morning, and be married again.


She might be holding out to get married in Massachusetts, so that she and her bride can do a honeymoon on the Cape?
 
2013-07-22 10:47:29 PM

kimwim: My sister and sister-in-law got married in a church in Illinois 5 years ago, still waiting to get married legally. We've invited them repeatedly to come to CT to get married, I don't know what they're waiting for.

I hope Ohio goes down soon, with many more states to follow, because it's stupid to think that you could be married between 9am and 5pm, in Manhattan, then go home to New Jersey, and not be married. And then go back to work the next morning, and be married again.


Giggity
 
2013-07-22 10:49:54 PM

pootsie: And here are the opening paragraphs of the judge's glorious opinion:

This is not a complicated case. The issue is whether the State of Ohio can discriminate against same sex marriages lawfully solemnized out of state, when Ohio law has historically and unambiguously provided that the validity of a marriage is determined by whether it complies with the law of the jurisdiction where it was celebrated.

Throughout Ohio's history, Ohio law has been clear: a marriage solemnized outside of Ohio is valid in Ohio if it is valid where solemnized. Thus, for example, under Ohio law, out-of-state marriages between first cousins are recognized by Ohio, even though Ohio law does not authorize marriages between first cousins. Likewise, under Ohio law, out of state marriages of minors are recognized by Ohio, even though Ohio law does not authorize marriages of minors.

How then can Ohio, especially given the historical status of Ohio law, single out same sex marriages as ones it will not recognize? The short answer is that Ohio cannot ... at least not under the circumstances here.

By treating lawful same sex marriages differently than it treats lawful opposite sex marriages (e.g., marriages of first cousins and marriages of minors), Ohio law, as applied to these Plaintiffs, likely violates the United States Constitution which guarantees that "No State shall make or enforce any law which shall ... deny to any person within its jurisdiction equal protection of the laws."

...

Indeed, just as Justice Scalia predicted in his animated dissent, by virtue of the present lawsuit, "the state-law shoe" has now dropped in Ohio. Windsor, 133 S.Ct. at 77-78.

Let me repeat that last delicious bite for you ...

Indeed, just as Justice Scalia predicted in his animated dissent, by virtue of the present lawsuit, "the state-law shoe" has now dropped in Ohio. Windsor, 133 S.Ct. at 77-78.


1.bp.blogspot.com
 
2013-07-22 11:07:12 PM

pootsie: If you are in favor of same-sex marriage, watch this video about the couple in this lawsuit.

But be sure to have the hankies handy

http://news.cincinnati.com/article/20130714/NEWS10/307140009/To-get- ma rried-they-left-Ohio?odyssey=mod|newswell|text|FRONTPAGE|p


I think there's too much dust in here...
 
2013-07-23 12:02:52 AM

ambassador_ahab: feckingmorons: IT is a TRO, there hasn't been any argument about it yet. This is not a big deal.

The judge wouldn't have granted the preliminary injunction (TRO) if he thought it was merit-less.


That is true, but the standard for a TRO is much different than any other action he could take. It needs to be put in perspective. I don't have a dog in this race so the outcome is really immaterial to me. (although it would be nice to be listed on your spouse's death certificate, I would assume they would prefer it for other less un-alive reasons as well).

I hope they have all their POA's and durable POAs and living wills and things squared away, but I must assume they do if they can hire a jet to fly them to Maryland. Heck I would have kicked in twenty bucks so they could have flown somewhere nice to get married.
 
2013-07-23 12:12:24 AM

feckingmorons: That is true, but the standard for a TRO is much different than any other action he could take. It needs to be put in perspective.


My perspective, as a lawyer who often defends TROs, is that it is often the whole ballgame.  You may pull it out after one is granted (in which case you look like a hero), but that is rather rare.  A federal judge is highly unlikely to be turned once granting initial relief like this

This is the judge's finding as to the likelihood prong of the TRO (actually PI, but whatever) test:

Even if the classification of same-sex couples legally married in other states is reviewed under the least demanding rational basis test, this Court on this record cannot find a rational basis for the Ohio provisions discriminating against lawful, out-of-state same sex marriages that is not related to the impermissible expression of disapproval of same-sex married couples.

Consequently, Plaintiffs have demonstrated a strong likelihood of success on the merits.


As to perspective, this decision is limited to the facts at issue and the relief is only granted to the two plaintiffs.  But the water just breached the dam in Ohio.
 
2013-07-23 12:16:03 AM
Hopefully this will lead to something in Ohio. My home state needs to join the right side of history and et rid of this ban. If a judge has to tell them to be adults then so be it.
 
2013-07-23 12:20:14 AM
Those activist judges are at
 
2013-07-23 12:21:13 AM
Hmm, iPhone + alcohol = cryptic trolling. Lets try that again.

Those activist judges are at it again, huh?
 
2013-07-23 12:38:54 AM

pootsie: If you are in favor of same-sex marriage, watch this video about the couple in this lawsuit.

But be sure to have the hankies handy

http://news.cincinnati.com/article/20130714/NEWS10/307140009/To-get- ma rried-they-left-Ohio?odyssey=mod|newswell|text|FRONTPAGE|p


What a beautiful story. I can't believe that anybody could watch that and say that what those two men are doing is sinful, or destructive to society, or would "make God angry". Yet of course there are far too many people who hold that view.
 
2013-07-23 12:47:46 AM
You sodomites. Don't you know this is just ANOTHER example of unconstitutional activist judicial law making that is sweeping our country since ZEROBAMA got into office? If we start becoming accepting of the homogay, another 9/11 is JUST AROUND THE CORNER as punishment from God for rejecting his founding principles of the United States.

You people should ALL BE ASHAMED that you have turned your backs on the one, true loving God which brought you into this world, and have embraced sinful lifestyle choices such as this. We should not encourage these mentally ill people to live in their sinful delusions!
 
2013-07-23 12:48:41 AM
1.bp.blogspot.com

See. EVEN THE ANIMALS CRY OUT TO JESUS FOR FORGIVENESS!
 
2013-07-23 12:52:46 AM
If you are having access or connection issues, check out the video of the couple here:

http://www.huffingtonpost.com/2013/07/15/john-arthur-jim-obergefell- ga y-wedding_n_3598627.html
 
2013-07-23 01:12:52 AM
So is my opposite-sex marriage now destroyed, or am I now gay, or am I supposed to marry a turtle?
 
2013-07-23 01:27:19 AM
Wow, a judge from a typically conservative state getting this right, a buzzfeed link that has actual content, and a comment section under the article that isn't filled with hateful bile?  It's like Christmas in July.
 
2013-07-23 01:37:32 AM

Notabunny: So is my opposite-sex marriage now destroyed, or am I now gay, or am I supposed to marry a turtle?



i2.kym-cdn.com
 
2013-07-23 01:41:08 AM

TuteTibiImperes: Wow, a judge from a typically conservative state getting this right, a buzzfeed link that has actual content, and a comment section under the article that isn't filled with hateful bile?  It's like Christmas in July.


Yeah I clicked on comments expecting all kinds of derp and was pleasantly surprised. Even the one dissenter was not incredibly insulting, just wrong.
 
2013-07-23 01:41:09 AM

TuteTibiImperes: Wow, a judge from a typically conservative state getting this right, a buzzfeed link that has actual content, and a comment section under the article that isn't filled with hateful bile?  It's like Christmas in July.


I think it is actually Christmas in Australia, isn't it? Or Googly Moogly day, or whatever the hell they call it down there. That place, I swear.
 
2013-07-23 01:44:06 AM

Notabunny: So is my opposite-sex marriage now destroyed, or am I now gay, or am I supposed to marry a turtle?


A cat is fine too.
 
2013-07-23 01:54:07 AM
Right Wing heads are going to be exploding tomorrow.
 
2013-07-23 01:54:19 AM
The only reason this judge ruled that bans on same-sex marriage violate the Constitution is that bans on same-sex marriage obviously violate the Constitution. There is really no viable argument to the contrary, and I defy anybody to come up with one.
 
2013-07-23 01:54:36 AM

FloydA: [i105.photobucket.com image 277x277]
Bigotry, intolerance, prejudice, and social "conservatism" always lose.

Always.


The avalanche has started. It is too late for the pebbles to vote.
 
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