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
NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
JAMES OBERGEFELL AND JOHN
ARTHUR, et al.
Plaintiffs,
v.
THEODORE E. WYMYSLO, et. al.,
Defendants.

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Civil Action No. 1:13-cv-501
Judge Timothy S. Black
PROPOSED
DECLARATORY JUDGMENT AND
PERMANENT INJUNCTION ORDER

This Court earlier entered a Temporary Restraining Order in this case as applied to
Plaintiffs Obergefell and Arthur (Doc. 14) and a similar Order as applied to Plaintiff Michener
(Doc. 23). The parties extended those Orders by agreement until final disposition of this case.
Now, upon consideration of the motion of Plaintiffs for a declaratory judgment and permanent
injunctive relief, the responses of the Defendants, and the record evidence submitted by the
parties, this Court has found and concluded that Plaintiffs’ motion is granted and this Court now
enters a permanent injunction as well as final declaratory relief.
Specifically, the Court finds, on the current record, that Plaintiffs have established that
Ohio Rev. Code §3101.01(C) and Art. XV, §11, Ohio Constitution, violate rights secured by the
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). The evidence shows that there is no state interest that justifies denying
same-sex married couples recognition of their marriages.
THEREFORE, it is hereby ORDERED that the motion (Doc. 53) is GRANTED and the
Court DECLARES that Ohio Const. Art. XV, §11 and Ohio Rev. Code. § 3101.01(C) are
unconstitutional as applied to filing the married Plaintiffs’ death certificates that list the decedent
as “married” and list the same-sex survivor as the “surviving spouse.” The Court further
DECLARES that Ohio Const. Art. XV, §11 and Ohio Rev. Code. § 3101.01(C) violate the
constitutional rights of those same-sex couples married in jurisdictions that authorize same-sex
marriage who become clients of Plaintiff Robert Grunn and about whom he reports information
regarding their marital status and status as surviving spouses in support of their requests for
death certificates. Specifically, this court DECLARES that Plaintiff Robert Grunn may,
consistent with the constitution, report that a decedent married in a state authorizing same-sex
marriage is “married” or “widowed” and report the name of the 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.
Defendants Theodore Wymyslo and 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 PERMANENTLY ENJOINED from enforcing Ohio
Rev. Code §3101.01(C) and Art. XV, §11, Ohio Constitution, as applied to the Plaintiffs such
that Defendants and all those acting in concert are required to permanently issue to each married
plaintiff death certificates that record their marital status as “married” or “widowed” and that list
the same-sex surviving spouse by name as the “surviving spouse” and prohibited from initiating
any criminal prosecution or administrative discipline against Plaintiff Funeral Director Grunn for

actions he takes with respect to death certificates for same-sex married couples wherein he lists
the decedent as “married” or “widowed” and lists the surviving same-sex spouse by name as the
“surviving spouse.”
Defendants Wymyslo and Jones are further required to issue directives to local registrars,
funeral homes, coroners and others who assist with completing of Ohio death certificates
explaining their duties under the orders of this Court.
IT IS SO ORDERED.

Dated:

_________________________
Timothy S. Black
United States District Judge