Pending Marriage Equality Cases

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Ohio

Updated April 27, 2015
  • Henry v. Hodges* (formerly Henry v. Himes, formerly Henry v. Wymyslo)

    Case Type: Seeking only recognition of marriages entered by same-sex couples in other jurisdictions
    Counsel: Lambda Legal; Gerhardstein & Branch Co., LPA; Newman & Meeks Co., LPA; Ellen Essig
    Federal Circuit: 6th, now at Supreme Court
    Status: Complaint filed 2/10/14.  A motion for declaratory relief and a permanent injunction was filed 2/28/14.  On 4/4/14, the court ruled that marriages entered by same-sex couples outside the state must be recognized for all purposes and that adoptions secured by same-sex couples in other states must be given full faith and credit.  On 4/15/14, defendant filed a motion to stay, which the district court on 4/16/14 declined to enter as to the named plaintiffs, but otherwise granted.  On 5/20/14, the appeal was consolidated with the Obergefell v. Henry appeal for purposes of argument.  Oral argument was held 8/6/14.  On 11/6/14, the 6th Circuit reversed the ruling of the district court and upheld the state’s marriage recognition ban.  On 11/14/14, the plaintiffs in the Henry and Obergefell cases filed a joint petition for writ of certiorari to the Supreme Court.  On 12/12/14, respondents filed a brief supporting cert. on the marriage recognition question in the case, but opposing the grant of cert. on the full faith and credit issue.  On 12/17/14, Idaho’s Gov. Latta filed an amicus brief in all of the cases in which cert. petitions were then pending, urging the Court to defer deciding which case to hear until it could also or instead hear a cert. petition in the Latta case. The Obergefell/Henry cert. petition was considered at the Supreme Court’s 1/9/15.  On 1/12/15, the writ of certiorari was granted limited to the following questions: 1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state? The brief of petitioners was filed on 2/27/15.  The brief of respondents was filed on 3/27/15. More than 70 amicus briefs were filed in support of the petitioners; more than 60 amicus briefs filed in support respondents; and several amicus briefs filed in support of neither. The reply brief was filed on 4/17/15.  On 4/28/15, the Supreme Court heard oral argument in this and the other cases briefed with Obergefell.   
  • Gibson v. Himes*

    Case Type: Seeking only the freedom to marry for unmarried same-sex couples
    Counsel: Gerhardstein & Branch Co. LPA
    Federal Circuit: 6th
    Status: On 4/30/14, six same-sex couples filed a freedom to marry claim, citing violations of the freedom of association and Due Process and Equal Protection clauses.  Defendant Cissel answered the complaint on 5/19/14.  Defendant Himes answered on 5/21/14.  On 6/19/14, plaintiffs filed a motion for declaratory judgment and permanent injunctive relief.  Defendants' response was due 8/14/14 and plaintiffs' reply was due 8/28/14, but, on 8/4/14, the court issued an order staying the case and providing plaintiffs 2 weeks following the decision by the 6th Circuit in the DeBoer and Love appeals to supplement their motion.  On 11/20/14, a joint motion was filed to extend the stay pending resolution of cert. petitions from the DeBoer decision.  On 12/18/14, the court entered an order extending the stay. A 3/13/15 order stayed the case until the Supreme Court rules on the related 6th circuit marriage cases.  
  • Obergefell v. Hodges* (formerly Obergefell v. Himes, formerly Obergefell v. Wymyslo)

    Case Type: Seeking only recognition of marriages entered by same-sex couples in other jurisdictions
    Counsel: ACLU; Gerhardstein & Branch Co., LPA; Newman & Meeks Co., LPA
    Federal Circuit: 6th, now at Supreme Court
    Status: Complaint filed 7/19/13. A permanent injunction was granted 12/23/13 requiring Ohio to recognize marriages validly entered by same-sex couples in other states on the death certificates of two men who married same-sex partners.  The state appealed.  On 5/20/14, the appeal in this case was ordered consolidated with the Henry v. Himes (now Henry v. Hodges) appeal for purposes of argument.  Oral argument was held 8/6/14.  On 11/6/14, the 6th Circuit reversed the ruling of the district court and upheld the state’s marriage ban.  On 11/14/14, the plaintiffs in the Henry and Obergefell cases filed a joint petition for writ of certiorari to the Supreme Court.  See post-filing of cert. petition entries for the Henry v. Hodges case, above, which apply equally to this case.

* Cases filed, or that newly included a marriage claim, since the decision in Windsor are marked with an asterisk.