A federal judge gave a same-sex couple married in Maryland but living in Ohio, which has banned gay marriage, the right to some marriage benefits. Similar lawsuits are expected to follow.
A decision by a federal judge in Ohio Monday to grant marriage rights to a same-sex couple residing in a state that does not recognize such unions highlights a new front for gay rights activists seeking to expand rights for couples living in states that are unfriendly to same-sex marriage.
On Monday, US District Judge Timothy Black ruled in favor of John Arthur and James Obergefell, a Cincinnati couple who married in Maryland on July 11 and want the rights they earned in that state transferred to Ohio so that both men can be buried next to each other in the Arthur family plot, which is restricted to direct descendants and spouses. Mr. Arthur is suffering from a disease doctors have diagnosed as terminal.
Maryland is one of 13 states, along with the District of Columbia, that recognizes gay marriage, while Ohio is one of 37 in which it is banned or not recognized. With many of the states that now ban gay marriage not likely to change in the near future, the next wave of challenges could come from legally married same-sex couples seeking to have their marriage rights recognized on their home turf.
"It's the next front for the gay rights movement," says Ben Bishin, a political scientist at the University of California in Riverside who studies the politics of the gay rights movement.
"There aren’t any more states to flip to allow gay marriage on their own, so it’s just a matter of time before we see precisely these sorts of issues play out," he says.
Judge Black’s ruling, a restraining order of the same-sex marriage ban, is temporary and is allowed only to provide the couple with the death certificate required for the burial. It will also provide Obergefell access to federal and state benefits as a surviving spouse.
In his ruling, Black wrote that Ohio's same-sex marriage ban denies the couple equal protection, and that the state already recognizes other out-of-state marriages not authorized to be performed within the state, such as those between first cousins. "How then, can Ohio … single out same-sex marriages as ones it will not recognize?" he asked in his ruling.