You are here

comity

MO Will Recognize Same-Sex Marriage Performed Out-of-State

Missouri's attorney general announced Monday that his state will not appeal a state-court ruling requiring the state to recognize same-sex marriages performed out-of-state, Reuters' Kevin Murphy reports: "The decision not to appeal the ruling came hours after the U.S. Supreme Court declined to decide once and for all whether states can ban gay marriage, allowing same-sex couples to marry in five additional states immediately."

Judge Rejects LA's Same-Sex Marriage Ban After Another Judge Upholds It

A Louisiana judge has ruled that the state's ban on same-sex marriage is unconstitutional in the case of a couple seeking recognition of their California nuptials, KSLA News reports. A federal judge ruled earlier this year that the state-level ban on same-sex marriage is constitutional, reasoning that "gay marriage supporters failed to prove that the ban violates equal protection or due process provisions of the Constitution."

Out-of-State Same-Sex Marriage Recognized in Indiana

Even though Indiana bans same-sex marriage, a federal judge ordered the recognition of the marriage of a same-sex couple who wedded in Massachusetts and now reside in Indiana, the Lafayette Journal & Courier, of Lafayette, Indiana, reports. Niki Quasney has terminal ovarian cancer, and she and her wife, Amy Sandler, now are the only same-sex couple to have their marriage legally recognized in Indiana. The judge, however, has not yet decided if all out-of-state same-sex marriages must be recognized in Indiana as a matter of comity, the Journal & Courier also reports.

Same-Sex Marriage Recognition Stayed in TN

Three same-sex couples in Tennessee had legal recognition of their out-of-state marriages stayed after the Sixth Circuit entered a temporary order while the case is on appeal, The Tennessean reports. The plaintiffs argue Tennessee's statutory and constitutional bans on same-sex marriages harms them.

Same-Sex Ruling in Ohio Opens Up Many Other Legal Issues

The Columbus Dispatch reports on the latest victory for same-sex marriage: Ohio now must recognize other state's same-sex marriages. "A federal judge’s ruling that Ohio must recognize same-sex marriages legally performed in other states is expected to open the door to a variety of issues, including bereavement leave, health-care decisions, taxes and survivor benefits," the Dispatch further reports. Ohio's statewide ban on same-sex marriage remains intact.

Federal Judge Orders Ohio to Recognize Out-of-State Same-Sex Marriages Globally

U.S. District Judge Timothy Black ordered Ohio to recognize same-sex marriages from other states, calling the ban "arbitrary discrimination," WKSU Public Radio reports. The order is a global one in comparison to an order in Indiana from late last week that allowed for recognition of an out-of-state same-sex marriage because one spouse has stage 4 ovarian cancer.

Indiana Ordered to Recognize Out-of-State Same-Sex Marriage

A federal judge has ordered Indiana to recognize the out-of-state marriage of a same-sex couple because one of the women has stage 4 ovarian cancer, the Associated Press reports. The court issued a temporary restraining order specific to just that couple. One of the couple's concerns is being able to access the safety net "available to a surviving spouse and the children of the person who has died," the AP reports.

Same-Sex Marriage Advances in Tennessee, Indiana

A federal judge in Tennessee has issued a preliminary injunction against applying that state's ban on same-sex marriage to three couples married in other states that do recognize same-sex marriage, The Tennessean reports. U.S. District Judge Aleta Trauger said the ban "fails to meet constitutional standards under even a minimal review," The Tennessean further reports.

A lawsuit also is planned to challenge the ban "regarding hose who married in other states and live here [in Tennessee, those who want to end those marriages but can’t obtain a divorce, and those denied typical probate proceedings because their spouses died," The Tennessean also reports.

Meanwhile, three news lawsuits have been filed to challenge Indiana's statutory ban on same-sex marriage, the Associated Press reports. One plaintiff had to pay $300,000 more in Indiana inheritance tax after her same-sex spouse died, the AP further reports.

Ohio Judge Rules in Favor of Recognizing Same-Sex Marriage On Ohio Death Certificates

The Associated Press reports that U.S. District Judge Timothy Black ruled today that Ohio's 9-year-old ban on same-sex marriage cannot extend to refusing to recognize valid same-sex marriages from other states on death certificates. The ruling is likely to have a broader impact than just on death certificates because of the judge's sweeping language. According to the AP, the judge reasoned: "'The question presented is whether a state can do what the federal government cannot — i.e., discriminate against same-sex couples ... simply because the majority of the voters don't like homosexuality (or at least didn't in 2004). Under the Constitution of the United States, the answer is no."'

Federal Judge Questions Ohio's Authority Not to Recognize Other States' Same-Sex Unions

Judge Timothy Black, a federal district judge in Ohio, questioned the authority of state officials to refuse to recognize same-sex unions entered in other states, the Associated Press reports. Black heard arguments this week on a narrower question than other same-sex marriage lawsuits: not on whether Ohio's ban on same-sex marriage ban can stand, but on whether same-sex marriages from other states must be recognized on Ohio death certificates.

Pages

Subscribe to RSS - comity