There seems to be some confusion over how lawyers for Ohio Attorney General Mike DeWine and Ohio Governor John Kasich plan to handle the case of a same-sex couple from Cincinnati who want their out-of-state marriage recognized in Ohio.

So…. let’s clear that up here, once and for all:  DeWine and Kasich plan to do everything they can to defend Ohio’s ban on same sex marriage.

As we reported earlier, John Arthur and James Obergefell, partners for more than 20 years, were recently married Maryland.   John is dying of ALS, and his last wish is to have his husband’s name included on his death certificate.

To achieve this goal, John and Jim filed a lawsuit naming DeWine and Kasich as defendants.  The federal judge assigned to the case ruled in their favor, issuing a temporary restraining order that was supposed to expire this past Monday.

In response, DeWine vowed to “lead the fight” to defend the existing law.

The confusion about DeWine and Kasich’s positions seems to be coming from a poorly-titled BuzzFeed piece on the issue: “Ohio Attorney General Has No Plans To Appeal Temporary Restraining Order In Gay Couple’s Case”

By just reading the title, you’d think Mike DeWine was going to throw his hands up and allow the decision to stand.  But that’s completely not true.   DeWine simply said he wouldn’t bother appealing a restraining order that was going to expire in a few days anyway.

If you read the whole piece you’d discover that “DeWine will continue to defend Ohio’s constitutional amendment and law banning same-sex couples from marrying and banning the state from recognizing such marriages… as the case progresses.”

And the case IS progressing.

A review of court documents by Plunderbund shows that  a conference call was held on July 30th in which attorneys for both sides agreed to extend the temporary restraining order until August 19th, 2013 in order “to facilitate the parties’ further negotiations regarding a proposed litigation calendar for resolution of this case.”

In other words, attorneys for DeWine and Kasich plan to continue fighting against Arthur and Obergefell – they just need a little more time to work out the schedule for the fight.

Court records also indicate that attorney Lisa Talmadge Meeks will now be assisting Arthur and Overgefell.   Meeks’ bio shows that her areas of practice include Gay/Lesbian/Bisexual Transgender Issues and Civil Rights, and she previously served as Chair of the Civil Rights Committee for the Cincinnati Bar Association.

 

 

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