Obergefell et al v. Kasich et al
Filing
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NOTICE by Plaintiffs John Arthur, James Obergefell re 3 MOTION for Temporary Restraining Order and Preliminary Injunction of Filing Revised Proposed TRO (Branch, Jennifer)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
JAMES OBERGEFELL and
JOHN ARTHUR,
Plaintiffs,
vs.
JOHN KASICH, et al,
Defendants.
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Case No. 1:13-cv-501
Judge Timothy S. Black
TEMPORARY RESTRAINING
ORDER
(PROPOSED BY PLAINTIFFS)
Upon consideration of the motion of plaintiffs for injunctive relief, the response of the
defendants, the exhibits, the testimony, the declarations submitted by the parties, and the
arguments made, this Court has found and concluded, for the specific reasons required under
Federal Rule of Civil Procedure 65(d) that plaintiffs have shown (1) a likelihood of success on
the merits on at least some of their claims, (2) that they will suffer irreparable harm if an
injunction is not issued, and (3) that the balance of harms and the public interest weigh in favor
of granting a temporary restraining order. Specifically, the Court finds, that as applied to the
plaintiffs, Ohio Rev. Code §3101.01(C )(3) and (4) and Art. XV, §11, Ohio Constitution, violate
rights secured by the First and Fourteenth Amendments to the United States Constitution in that
plaintiffs, who were married in a jurisdiction where same sex marriage is valid, seek to have their
out-of-state marriage accepted as legal in Ohio, are treated differently than opposite sex couples
who have been married in states where their circumstances allow marriage in that state but not in
Ohio (e.g., consanguinity or age). There is insufficient state interest to justify this singling out of
same sex married couples given the severe harm it imposes on the plaintiffs.
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THEREFORE, it is hereby ORDERED that the motion is GRANTED and defendants
John Kasich, Mike DeWine, Camille Jones, and their officers, agents, servants, employees, and
attorneys, and those persons in active concert or participation with defendants who receive actual
notice of this Order, are TEMPORARILY ENJOINED from enforcing ORC §3101.01(C )(3) and
(4) and Art. XV, §11, Ohio Constitution as applied to plaintiffs who are a same-sex couple
married in a jurisdiction where same-sex marriage is legal who seek to have their out-of-state
marriage accepted as legal in Ohio. This includes but is not limited to such officials completing
death certificates as the need arises for the plaintiffs in a manner consistent with this order. This
Order expires on August 5, 2013 at 6:00 p.m.
Plaintiff’s shall post Bond of $1.00.
IT IS SO ORDERED on July 22, 2013 at 6:00 p.m.
_______________________________
UNITED STATES DISTRICT JUDGE
TIMOTHY S. BLACK
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