Will local officials marry gays if top court says to?

If the Supreme Court legalizes same-sex marriage in Ohio and Kentucky, local gay couples looking to get married might be welcomed by court officials in some counties, but face a murkier response in others.

"If they do what I hope they don't do, I'll weigh my options and look at my statutory duties as county clerk," said Boone County Clerk Kenny Brown, who opposes gay marriage. "I don't think I'm the only county clerk in the state who is opposed."

So it goes in the Cincinnati region. The people who are responsible for marriage licenses and those who perform weddings are divided about what to do if the U.S. Supreme Court rules in favor of gay marriage, as many court watchers predict.

Some say that – aside from needing to redesign a few forms that currently allow only for "husband" and "wife" or "groom" and "bride" – it will be business as usual. Others say they would want clear instructions from state leaders on how to proceed before issuing any licenses.

While the Cincinnati-area divide isn't strictly by state line – several magistrates in Kentucky told The Enquirer they'd have no hesitation marrying same-sex couples – most of those who expressed hesitation were south of the Ohio River. They also were personally opposed to gay marriage and critical of the Supreme Court for taking up the issue.

"If the Supreme Court rules on this, they are overstepping their bounds," Brown said. "For the Supreme Court to rule on it is an over-reach and I don't agree with it. I personally don't agree with it, and I philosophically don't agree with it."

Agree or not, the Supreme Court is set to rule on the matter, and their decision is expected yet this month.

It's impossible to know just how the nine-member panel will decide, but most following the debate – including some gay-marriage opponents – say they expect the justices to strike down the gay marriage bans in Ohio, Kentucky, Tennessee and Michigan. Depending on the ruling's wording, that could pave the way for gay marriage to be legalized nationwide.

If that happens, Campbell County Clerk Jim Luersen – who said he would have no problem issuing same-sex licenses – expects that there will be a time lapse before the change would become effective. For example, the ruling could spell out that the Supreme Court's decision takes effect at a later date – say, in 30 days – which would give state officials time to answer questions and give clear instructions on what the decision means.

But if it turns out that same-sex couples showed up for marriage licenses that very day, Luersen said his office would figure out how to handle it.

"Worst-case scenario, we could improvise," Luersen said. "Hopefully we'll have some direction from Frankfort by that point."

Kentucky leaders divided, reflecting diverse viewpoints

It's perhaps reflective of the divide among top state leaders there. Attorney General Jack Conway declined to uphold the voter-enacted gay marriage ban, saying it was discriminatory. Gov. Steve Beshear fought for the ban anyway by hiring outside lawyers. Both sides have been equally passionate when talking to reporters about their viewpoints on the matter, but it's Conway – not the governor – who dictates how county officials handle marriage licenses.

"Once the Supreme Court issues their ruling, it will be reviewed to issue guidance to appropriate state agencies on how to comply if there is a change for Kentucky," said Conway spokeswoman Allison Martin.

Boone County Magistrate Phyllis Sparks, who performs about two weddings a week, said she opposes gay marriage. While she doesn't expect her schedule would fill up with same-sex marriage requests were the unions made legal, she hesitated when asked if she would perform them, saying she "would have to see what the liabilities are" if the law changes.

Ohio Gov. John Kasich and Attorney General Mike DeWine have presented a united front on the issue as they have fought to uphold their state's 2004 ban. Through a spokeswoman, DeWine declined to say what might happen in Ohio if the justices ruled in favor of gay marriage.

"It would be premature to speculate on what the ruling will say before the opinion is issued by the Court," spokeswoman Eve Mueller said via email. "The issue before the Court is whether states can make their own laws regarding the definition of marriage. It has always been Ohio's position this is an issue for the people to decide."

Getting ready for change at Ohio's probate courts

Brown County Probate Judge Danny Bubp said that Ohio judges have talked extensively about the what-ifs of the impending high court ruling during recent judicial conferences. Everyone seems to be in agreement, he said: "We're going to follow the law."

"Some counties are leaning forward and already looking at how they would change the forms," he added. "They now say 'bride' and 'groom.' If you have two males come in, who goes on which line? It's clear the form would have to be changed."

Melissa Pearse, who supervises the marriage license department in Hamilton County Probate Court, said that gay couples wanting a license would be treated the same as opposite-sex couples.

As with Bubp, her biggest concern is a logistical one: "I hope people understand that they may have to wait," she said.

Hamilton County usually has three employees available to issue licenses from 8 a.m. to 3:45 p.m., Pearse said. If 20 people are still in line at day's end, they'll be turned away and asked to come back so that office workers can wrap up their work days.

With worry in her voice, Pearse said that she has no idea what to expect if the marriage bans are overturned.

"We've seen around the country that there's been a lot of people getting married," she said. "I have a feeling it's going to be busy."

Kenton County's Magistrate Stephen Hoffman – who calls himself "The Marrying Man" – said he's already fielded questions from same-sex couples hoping to be legally married in his office on Covington's Court Street.

He'll happily remain the Marrying Man even if marrying two men, Hoffman added.

"If the law states gay marriages are legal, I'm a duly elected official sworn to uphold the law, so they'll get married," he said. "No ifs, ands or buts."

411 ON MARRIAGE LICENSES

Ohio

In Ohio, marriage licenses are issued by each county's probate court. To apply for a license, go to the probate court of the county in which one of you lives. If you don't live in Ohio, apply in the county where the marriage will be performed.

Both applicants must appear at the court in person and provide under oath your name, age, residence, place of birth, occupation, Social Security number, father's name and mother's maiden name. You might also be asked to name the person expected to solemnize the marriage, if you know it.

Most courts request to see your birth certificate and a photo ID, as well as a processing fee. In Hamilton County, that's $50.

If you've been married before, bring proof that the earlier union has been dissolved either through death or divorce.

There is no waiting period in Ohio. Licenses are good for 60 days.

Kentucky

In Kentucky, marriage licenses are issued in county clerk offices. The couple must appear together.

The application requires both parties to provide their name, age, residence, place of birth, father's name, mother's first and maiden names, number of previous marriages, proof of those marriages' disolutionments, occupations, races, date of marriage and whether the bride and groom are related.

As in Ohio, there's a processing fee that varies by court. Most are less than $40.

There is no waiting period, and the licenses are valid for 30 days.

Sources: Kentucky.gov, Ohiobar.org and Enquirer research