By Amanda Lee Myers

Associated Press

CINCINNATI A federal judge said Friday he will strike down Ohio's voter-approved ban on gay marriage, a move that stops short of forcing Ohio to perform same-sex weddings but will make the state recognize gay couples legally wed elsewhere.

Judge Timothy Black announced his intentions in federal court in Cincinnati following final arguments in a lawsuit that challenged the constitutionality of the marriage ban.

"I intend to issue a declaration that Ohio's recognition bans, that have been relied upon to deny legal recognition to same-sex couples validly entered in other states where legal, violates the rights secured by the 14th Amendment to the U.S. Constitution," Black said. "(They're) denied their fundamental right to marry a person of their choosing and the right to remain married."

Ohio Attorney General Mike DeWine told The Enquirer the state plans to appeal to the Sixth Circuit Court of Appeals.



The civil rights attorneys who filed the February lawsuit did not ask Black to order the state to perform gay marriages, and he did not say he would do so. But Ohio's case would be one of many pending gay-marriage cases that could lead to an eventual ruling by the U.S. Supreme Court.

"Ours is a narrow case, but I don't think there's any secret that basically the United States Supreme Court is going to get the broader question on gay marriage," DeWine said. "When it comes, or whether this case will be a part of it, I just don't know."

Ian James, leader of the group trying to get a gay-marriage amendment on Ohio's ballot as early as 2014, called the upcoming ruling "a step in the right direction." But he said he expects the state to appeal the ruling and request a stay. So his group will continue to gather signatures for two ballot initiatives.

Eventually, James said, he expects the U.S. Supreme Court to rule either that same-sex marriage is law throughout the U.S. or that individual states may set their own rules. If the ruling is the latter, "then we have to be ready with an amendment to move forward," James said.

The Cincinnati-based legal team that filed the lawsuit for the legally married gay couples asked Black to declare that Ohio's gay marriage ban is "facially unconstitutional, invalid and unenforceable," and indicated that following such a ruling, the window would be open for additional litigation seeking to force the state to allow gay couples to marry in Ohio.

Attorneys for the state argued that it's Ohio's sole province to define marriage as between a man and a woman, that the statewide gay marriage ban doesn't violate any fundamental rights, and that attorneys improperly expanded their originally narrow lawsuit.



"Ohio has made its own decision regarding marriage, deciding to preserve the traditional definition," state's attorneys argued in court filings ahead of Friday's hearing.

They argued that prohibiting the state from enforcing its marriage ban would "disregard the will of Ohio voters, and undercut the democratic process."

By announcing his intention ahead of his ruling, Black gives time for the state to prepare an appeal that can be filed as soon as he rules.

The Ohio Department of Health, the defendant in the case, is part of Gov. John Kasich's administration. A spokesman for Kasich declined to comment until after Black issues his official ruling. DeWine's office has represented the state.

Enquirer reporters Chrissie Thompson, Kimball Perry and Cliff Peale contributed reporting.