Cincinnati case redefines marriage in America

The cheers came so loud and so fast, 1-year-old Ruby let out a startled whimper.

Her mother Kelly Noe attempted to console her. "Oh, you can't cry," she soothed. "This is good news!"

Then Noe's face contorted and the tears spilled: She was crying, too. And so was Kelly McCracken, Ruby's other mother. The trio embraced, hugging and crying in silence, together.

The family – gathered in the downtown Cincinnati office of their lawyer, Alphonse Gerhardstein – had just received news Friday that the U.S. Supreme Court delivered an unequivocal win for gay rights, ruling to strike down same-sex marriage bans and ordering states across the nation to recognize gay marriages already performed in states that allow them.

"It's everything we wanted," said McCracken, looking at the auburn-haired toddler on her wife's lap. "It's what we hoped. Now it's not going to be a question if I'm Kelly's wife or if I'm Ruby's mother. There's no doubt of that now."

As the news spread across the nation, emotions ran strong: Gay marriage opponents said they were disappointed and sickened, with Cincinnati Archbishop Dennis Schnurr calling the ruling "judicial fiat."

Phil Burress, president of Citizens for Community Values – the Sharonville group that spearheaded the 2004 Ohio gay-marriage ban that was dissolved by Friday's decision – promised that its members would vote against any candidates who support same-sex unions.

"This is a travesty," he said. "The Supreme Court has no business interfering in states' rights issues."

For others, Friday's ruling was heralded as a long-overdue victory for gay rights, which, in the past 15 years, has managed to swing from a minority-backed issue to one approved by more than 60 percent of Americans, according to Gallup polls.

Another poll by Pew Research shows that acceptance of gay marriage has jumped since 2001 from 35 percent to 57 percent, as of this month.

Jim Obergefell, the Over-the-Rhine man who became the historic case's namesake, stood before reporters in Washington, D.C., as a victor Friday. He even got a phone call from President Barack Obama, who praised his work and commitment to the cause.

"Our love is equal," Obergefell said. "It's my hope that the term 'gay marriage' will soon be a thing of the past, that from this day forward, it will simply be 'marriage.'"

Message from high court 'clear, strong,' says law prof

Ever since the Supreme Court agreed to take up the issue, pundits have forecast a ruling in favor of marriage equality.

But many had predicted that the ruling would be squishier – relying, perhaps, on an argument of gender discrimination rather than equal protection for lesbians, gays, bisexuals and transgender people.

Instead, the 5-4 ruling – coming in at more than 100 pages long, including four separate dissents – was hailed as a decisive victory for gay rights. Justice Anthony Kennedy, who wrote the opinion, described marriage as a profound union that embodies "the highest ideals of love, fidelity, devotion, sacrifice and family."

"It would misunderstand these men and women to say they disrespect the idea of marriage," he wrote. "Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. They ask for equal dignity in the eyes of the law. The Constitution grants them that."

Carl Tobias, a constitutional law professor at the University of Richmond School of Law, said it was as strong a ruling as gay-marriage advocates could have hoped for.

"I don't think there's much that opponents can do at this point," he said. "The court was pretty clear. There were a lot of dissents, but the decision was very strong."

The local reaction was swift: A same-sex marriage ceremony was announced for 4:30 p.m. on Fountain Square. Same-sex couples began trickling in to the Hamilton County Probate Court within an hour of the decision to apply for marriage licenses. The forms still bore the words "husband" and "wife," which officials said will be changed in coming weeks.

"They finally legalized it," said a grinning, 8-year-old Amiah League, who stood between her biological mother Kim Hall and her stepmother-to-be Lauren Byrd, who were granted a marriage license. Amiah wore a shirt that said "Love Wins."

"It means you can love who you love," the girl said.

In Kenton County, the marriage license was quickly updated to replace gender-specific terms with the neutral phrases "first party" and "second party."

Not all area counties were as quick to issue licenses. Employees in a few, including Crawford and Ross counties, said they were awaiting "official notification" of the law change before they would issue licenses.

State officials in Ohio and Kentucky acknowledged that there would need to be consistency in putting the ruling into action. A group of judges who oversee marriage licenses issued an advisory saying that all courts should immediately issue same-sex marriage licenses.

"I've said all along that when the court makes the decision, we abide by the law of the land. They've made their determination, and we just move on," said Gov. John Kasich, who is likely preparing for a GOP presidential bid and who has opposed gay marriage. "Doesn't mean I'm not disappointed – I am. But the decision has been made."

Ruling comes on anniversary of Lawrence, Windsor decisions

Gary Goodman was far from disappointed. He visibly shook as he pulled out his smartphone and dialed his sister.

"Turn on the news," he said. "Oh, yeah. We won."

Had Friday's ruling gone differently, Goodman, of Cincinnati, would have been among the next batch of high-profile plaintiffs fighting to legalize gay marriage.

He and his partner, Karl Rece Jr., had become Internet famous in 2011 when Goodman proposed on Pride Night at Kings Island. A video of the proposal has been viewed more than 160,000 times.

The couple wanted to marry in Cincinnati, their hometown, so they joined a lawsuit with 10 other Southwest Ohioans that aimed to deliver the fatal blow to same-sex marriage bans by attacking them head-on as unconstitutional. In contrast, the Obergefell case came at the bans from the side by fighting for recognition on marriage, birth and death certificates.

Because of Friday's ruling, Goodman's case is now moot. He and Rece will get what they want: a wedding in Cincinnati attended by friends and family. Goodman's sister, Crystal Santos, will be his "best man."

"I didn't think this would really happen today," said Goodman, tears in his eyes.

That was a sentiment shared by many: Somehow, Friday's ruling managed to be both expected and a surprise at once.

The Supreme Court had promised a ruling yet this term, which ends Monday. While some assumed the high court would wait to issue this hotly anticipated ruling until the last possible day, others thought that Friday was too fitting to pass up: It marked the 12th anniversary of the Supreme Court ruling in the Lawrence case, which struck down sodomy bans, and the second anniversary of the Windsor decision, which chipped away at the Defense of Marriage Act, a federal law that recognized marriage as being between a man and a woman.

It was that potential symmetry that brought several plaintiffs to Gerhardstein's office Friday, where law clerks had ordered a rainbow-adorned cake that read, "'Love is the Law'" and "#LoveIsLove."

There, they anxiously refreshed SCOTUSBlog.com, a legal website that was live blogging the day's decisions. It took just minutes before the blog announced that a ruling was coming.

"I can't breathe," McCracken said.

Next came word that Kennedy had written the ruling, and the crowd excitedly gasped. Then the room fell eerily quiet as everyone awaited the verdict.

It was similarly quiet in Washington, D.C., where Obergefell sat inside the Supreme Court. Susan Sommer, director of constitutional litigation for Lambda Legal, was sitting there, too, alongside marriage-equality advocates such as Mary Bonauto, one of the lawyers who argued in April before the justices.

"Justice Kennedy summarized his decision, and it became clear that we had not only won, but that the Supreme Court was affirming the dignity and humanity of same-sex couples and their marriages," Sommer said. "We burst into tears."

Back in Gerhardstein's office, his son and partner, Adam Gerhardstein, let out a scream.

"Oh, my God," he said, near tears, "I'm shaking."

He hugged his clients and colleagues and poured cups of champagne for toasting. Paralegal Sydney Greathouse helped cut the celebratory rainbow cake.

Noe couldn't speak at all. Instead, she clung to Ruby and softly cried.

Because of Friday's ruling, Ruby is assured that both Noe and McCracken's names will be on her birth certificate. She won't have her family relegated to feeling "somehow lesser," as Kennedy wrote, or face the obstacles and insecurity that come with being raised by unmarried parents.

"I'm having trouble making words," McCracken said. "This is everything to us."

Contributors: Jessie Balmert, Chrissie Thompson, Emilie Eaton and Carrie Blackmore Smith

Editor's note: A previous version of this article incorrectly described an advisory issued to county judges. The advisory came from a group of judges who oversee marriage licenses.