A federal judge in Cincinnati could decide as soon as Tuesday whether to grant a stay on his ruling in a same-sex marriage case involving Ohio recognition of such unions performed in other states.
U.S. District Court Judge Timothy Black on Monday ruled that Ohio must recognize same-sex marriages performed in other states but indicated in his decision that he is inclined to issue a stay of that decision while the case is appealed. He gave the parties until Tuesday afternoon to file their motions for a stay and said he would act on the issue quickly.
“Plaintiffs shall file today their memorandum contra Defendants’ oral motion to stay, and Defendants shall file a reply memorandum before 3:00 p.m.,” on Tuesday, the judge wrote in his more than 40-page decision. The Court shall then rule expeditiously.”
It was unknown whether he would rule on Tuesday, according to a court spokesperson.
If Black grants the stay, there would be no immediate impact on same-sex couples while the case is being considered by the 6th Circuit Court of Appeals. If the judge denies the stay, Ohio would immediately have to recognize the marriages of the four couples which brought the suit and the state would have to list both spouses as parents on their children's birth certificates.