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Fed Judge Stays OH Marriage Recognition Decision

4/16/2014

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Judge Timothy Black has issued a stay of the decision he issued on Monday, April 14, 2014. The case, Henry, et.al v. Himes, deals with birth certificates and recognition of out-of-state same-sex marriages. The judge did not put a hold on the decision as it affects the lesbian couples who filed the case. Those couples are expecting the birth of children in the next few months. For them, Judge Black's decision means Ohio must place the names of both women on their child's birth certificate. 

Gov. Kasich has ordered the Ohio Dept. of Health to not put the names of same-sex parents on birth certificates. This is a change in policy and was done without notice to anyone. Judge Black's decision countermands that policy. 

This is a very good decision for children. Birth certificates are an essential part of everyone's life.

The Judge's decision puts everything on hold for other Ohio married same-sex couples until the 6th Circuit Court of Appeals rules on Ohio's appeal. The 6th Circuit is also considering other appeals on the issue of same-sex marriage and LGBT rights. Ohio has two appeals pending, the first involves Judge Black's decision last summer requiring the state to recognize same-sex marriages on death certificates. Other appeals are pending from Michigan, Kentucky and Tennessee. That means every state in the circuit is appealing a same-sex marriage related decision from a trial court.

In addition to the 6th Circuit, appeals on same-sex marriage recognition are pending in the 4th, 5th, 9th and 10th Circuits. Appeals are expected in the 3rd and 11th Circuits within the next year. The only Circuits that will not see appeals are the 1st and 2nd Circuits because the marriage issue has been decided.

Stay tuned. It's an exciting time for LGBT rights in the United States.
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Estate Planning Essentials for LGBT Families

8/29/2012

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An interview with Joan Burda at the American Bar Association Meeting 8/2012

The Defense of Marriage Act has been ruled unconstitutional by two federal courts, but LGBT marriages have yet to receive federal recognition and the rights and protections that come with it. One area in which this impacts same-sex couples is estate planning and inheritance.

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    Author

    Joan M. Burda is a lawyer with a solo practice in Lakewood, Ohio. She limits her practice to estate planning. She writes on a variety of topics and is an adjunct professor at Case Western Reserve School of Law. Joan is nationally recognized for her work in addressing legal issues affecting the LGBTQ+ community.

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Joan M. Burda Attorney at Law • lgbtlaw@mac.com • 216.832.8825
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