Obergefell et al v. Kasich et al

Filing 53

MOTION for Permanent Injunction and Declaratory Judgment by Plaintiffs Robert Grunn, David Brian Michener, James Obergefell. Responses due by 11/18/2013 (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order) (Gerhardstein, Alphonse)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
JAMES OBERGEFELL, et al.
Plaintiffs,
v.
THEODORE E. WYMYSLO, M.d., et.
al.,
Defendants.

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Civil Action No. 1:13-cv-501
Judge Timothy S. Black

PLAINTIFFS’ MOTION FOR
DECLARATORY JUDGMENT AND
PERMANENT INJUNCTION

Pursuant to Fed. R. Civ. Pro. 65, plaintiffs hereby move for a declaratory judgment and
permanent injunction prohibiting the defendants from enforcing Ohio Rev. Code §3101.01(C)
and Art. XV, §11 of the Ohio Constitution as applied to the plaintiff same-sex couples married in
jurisdictions where same-sex marriage is legal who seek to have their out-of-state marriage
accepted for the purpose of filing death certificates in Ohio and also as applied to the plaintiff
funeral director. He seeks declaratory relief and an injunction protecting him from criminal
prosecution when he reports that a decedent married in a state authorizing same-sex marriage is
“married” or “widowed” and reports the name of that decedent’s surviving same-sex spouse on
an Ohio death certificate he completes in the course of his work as a funeral director in Ohio.
A memorandum in support and a proposed order are attached hereto.

Respectfully submitted,

Lisa T. Meeks (0062074)
Newman & Meeks Co., LPA
215 E. Ninth Street, Suite 650
Cincinnati, OH 45202
phone: [phone]
fax: [phone]
[e-mail]
Attorney for Plaintiffs

/s/ Alphonse A. Gerhardstein
Alphonse A. Gerhardstein # 0032053
Trial Attorney for Plaintiffs
Jennifer L. Branch #0038893
Jacklyn Gonzales Martin #0090242
Gerhardstein & Branch Co. LPA
Attorneys for Plaintiffs
432 Walnut Street, Suite 400
Cincinnati, Ohio 45202
[phone]
[phone] fax
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs

CERTIFICATE OF SERVICE
I hereby certify that on October 29, 2013, a copy of the foregoing pleading was filed
electronically. Notice of this filing will be sent to all parties for whom counsel has entered an
appearance by operation of the Court’s electronic filing system. Parties may access this filing
through the Court’s system. I further certify that a copy of the foregoing pleading and the Notice
of Electronic Filing has been served by ordinary U.S. mail upon all parties for whom counsel has
not yet entered an appearance electronically.
/s/ Alphonse A. Gerhardstein
Alphonse A. Gerhardstein # 0032053