State and federal courts have ping-ponged the issue of state same-sex marriage bans in recent months. As an Ohio appeals attorney can explain, Ohio’s ban on same-sex marriage will stay in effect at least for the time being.
An Ohio Federal Appeals Attorney Discusses Ohio’s Same-Sex Marriage Ban
Ohio’s current law prohibits the state from recognizing marriages between same-sex couples in other states. In practicality, the law works like this. If a same-sex couple marries in a state where it’s legal, such as New York, and then moves to Ohio, their marriage is no longer recognized. As an appeals lawyer can discuss, this can have a wide-ranging impact on the couple in terms of estate law, adoption law and denial of other protections under laws that are reserved for legally married couples.
The Status of Ohio’s Same Sex Marriage Ban in the Courts
Opponents of the same-sex marriage ban have challenged it in federal court on constitutional grounds. The argument, among other things, is that the same-sex marriage ban put in place by Ohio violates same-sex couples’ right to equal protection under the law. The next step, as a federal appeal attorney can explain, is to allow the federal courts to decide whether this argument should prevail. For now, the federal courts have decided to keep the Ohio marriage ban in place until the constitutional question is answered by the federal appeals court. Appeals attorneys expect the issue to go as high as the U.S. Supreme Court.
A federal appeals attorney can explain what impact this may have for individual same-sex couples or proponents of the law. It’s possible that the issue won’t be resolved for some time.