Obergefell et al v. Kasich et al

Filing 14

TEMPORARY RESTRAINING ORDER. Signed by Judge Timothy S. Black on 7/22/2013. (mr1)

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

Upon consideration of the motion of Plaintiffs for injunctive relief, the responses of the
Defendants, and the exhibits and declarations submitted by the parties, 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 the temporary restraining order.
Specifically, the Court finds, on the current record, that Plaintiffs have established a substantial
likelihood of success on the merits of their claim that Ohio Rev. Code §3101.01(C )(3)&(4) and
Art. XV, §11, Ohio Constitution, violate rights secured by the First and Fourteenth Amendments
to the United States Constitution in that same sex couples married in jurisdictions where same
sex marriage is valid who 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). On this
record, there is insufficient evidence of a legitimate state interest to justify this singling out of
same sex married couples given the severe and irreparable harm it imposes on these Plaintiffs.
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THEREFORE, as to these two Plaintiffs only, it is hereby ORDERED that the motion
(Doc. 3) 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
RESTRAINED from enforcing Ohio Rev. Code §3101.01(C )(3)&(4) and Art. XV, §11, Ohio
Constitution; and, further, the local Registrar of death certificates, including Defendant Dr. Jones
and her agents, are TEMPORARILY RESTRAINED from accepting a death certificate for
Plaintiff John Arthur that does not record his status at the time of death as “married” and his
“surviving spouse” as James Obergefell.
This Temporary Restraining Order shall expire on August 5, 2013 at 5:00 p.m., unless
extended by the parties and the Court.
Plaintiffs shall not be required to post bond. Moltan Co. v. Eagle-Picher Indus., Inc., 55
F.3d 1171, 1176 (6th Cir. 1995)
IT IS SO ORDERED.
July 22, 2013

/s/ Timothy S. Black
Timothy S. Black
United States District Judge

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