obergefell 300x194 OHIO: Federal Judge Rules Out Of State Same Sex Marriages Must Be Recognized On Death Certificates

Jim Obergefell and John Arthur, the couple whose situation started this lawsuit. (Glenn Hartong / AP)

Breaking news coming out of Ohio:

A federal judge ordered Ohio authorities Monday to recognize gay marriages on death certificates, saying that the state’s ban on such unions is unconstitutional and that states cannot discriminate against same-sex couples simply because some voters don’t like homosexuality.

Although Judge Timothy Black’s ruling applies only to death certificates, his statements about Ohio’s gay-marriage ban are sweeping, unequivocal and expected to incite further litigation challenging the law.

Black cited a prediction by U.S. Supreme Court Justice Antonin Scalia, who wrote in a strong dissenting opinion in June that the court majority’s decision to strike down part of an anti-gay marriage law would lead to a rash of state challenges.

Black said the prediction came true and now the lower courts must apply the high court’s ruling.

They keep citing Scalia. It’s almost like they all think it’s funny. As the piece points out, this is a very narrow ruling, but it sets precedent for the next challenge to come down the pike.