From The Daily Dish:
Jeffrey Toobin covers the recent surge in court victories. He calls Monday’s ruling in Ohio possibly “the most important of all”:
James Obergefell and John Arthur, who lived together in Cincinnati, married in Maryland at a time when Arthur was gravely ill. In anticipation of Arthur’s death, the couple petitioned the state of Ohio for Arthur to be listed as “married” on his Ohio death certificate, and to record Obergefell as the “surviving spouse.” Ohio, which does not allow same-sex marriages, refused, but federal judge Timothy S. Black ruled against the state and in favor of the couple. The judge said it was “not a complicated case.” Throughout Ohio’s history, Ohio has treated marriages solemnized out of state as valid in Ohio. “How then can Ohio, especially given the historical status of Ohio law, single out same-sex marriage as ones it will not recognize?” Black asked in his opinion. “The short answer is Ohio cannot.”
The Ohio decision is crucial because people in the United States tend to move from state to state. Like Obergefell and Arthur, people in same-sex marriages may well end up living in states where such marriages are illegal. Once they are in those states, these couples will become enmeshed in the legal system in the way that heterosexual married couples do. They will have children; they may divorce and dispute child custody; they will seek to file joint tax returns; they will visit each other in the hospital; they will want to be with each other when they die. Their lives will intersect with the legal system in scores of ways at those junctures. In light of this, many judges will face dilemmas similar to the one Black just resolved.
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