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Judge orders Ohio to recognize same-sex marriages for death certificates

In narrow ruling, other parts of marriage ban remain standing

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National LGBT Bar Association, Gay News, Washington Blade

A federal judge has ruled the state must recognize same-sex marriage for the purposes of death certificates. Image via wikimedia)

A federal judge in Ohio has ruled the state’s ban on same-sex marriage is unconstitutional — but only insofar as it prohibits the state from including the names of surviving same-sex spouses on death certificates.

U.S. District Judge Timothy Black ruled in the case of Obergefell v. Kasich that Ohio’s refusal to recognize the marriages of same-sex couples that married in other jurisdictions violates their rights under the Fourteenth Amendment to the U.S. Constitution.

“The Court’s ruling today is a limited one, and states simply, that under the Constitution of the United States, Ohio must recognize valid out-of-state marriages between same-sex couples on Ohio death certificates, just as Ohio recognizes all other out-of-state marriages,” Black writes.

Although the lawsuit against the same-sex marriage ban was an as-applied challenge to the lawsuit, the ruling will apply to all married same-sex couples for the purposes of death certificates throughout the state. The court ordered the state to communicate its ruling to “all persons within Ohio who assist with completing Ohio death certificates.”

The case was filed by a now widower, James Obergefell, whose spouse, John Arthur, suffered from Lou Gehrig’s disease and died in October. Prior to his death, the couple flew from Ohio in a specifically fitted aircraft to BWI Airport in Maryland to exchange vows on the tarmac before returning to Cincinnati on the same day.

They then sued in the state federal court for recognition in time for Obergefell’s name to appear on Arthur’s death certificate. Black ordered the state to recognize the marriage through a temporary restraining order.

Since that time, another widower, David Michener, also joined as a plaintiff in the lawsuit and sought to have his name on the death certificate of his deceased spouse, who previously died unexpectedly of natural causes. Black also granted them recognition of their marriage through a temporary restraining order.

Plans are already underway for state officials — Ohio Gov. John Kasich and Attorney General Mike Dewine — to appeal the decision to the U.S. Sixth Circuit Court of Appeals.

Rob Nichols, a Kasich spokesperson said, “We disagree with the court’s ruling and the state will appeal it.”

Lisa Hackley, a Dewine spokesperson, said the decision was made after internal deliberation within the Kasich administration.

“Following the judge’s decision, we have consulted with our client, Director Theodore E. Wymyslo, M.D. of the Ohio Department of Health,” Hackley said. “Following our client’s wishes, we will appeal the decision to the U.S. Sixth Circuit Court of Appeals.”

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Virginia

Man went on ‘homophobic rant’ inside Va. pub that displayed Pride flags

Suspect arrested on charges of public intoxication, assaulting police officer

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Justin Wayne Hendricks was arrested in the case.

The Hawk & Griffin British Pub located in Vienna, Va.,  posted a message on Facebook last week saying a man was arrested after going on a “homophobic rant” inside the pub on June 28 when he saw that LGBTQ Pride flags were displayed at the pub for Pride month.

“Last night we had an incident here at the pub when a man came off the street to accost patrons in our beer garden because of our flags displayed for pride month,” the Hawk & Griffin Facebook posting says. “He then spit on our windows and came inside to confront our staff and patrons with homophobic rants,” the posting continues.

“Our manager and staff handled the situation very professionally and police were called to investigate and later arrested a man a couple of blocks away,” the message says. “We want to thank the Vienna Police Department for their quick response. We are and will continue to be community focused and we will never stop working to create and maintain a place of inclusion and tolerance,” the statement concludes.

Vienna police charged Justin Wayne Hendricks, of no known address, with misdemeanor counts of being “drunk in public” and  providing false identification to a police officer and with a felony count of assault on a police officer. A police spokesperson said Hendricks was also found to be in violation of an outstanding arrest warrant from Alexandria, Va., related to a prior charge of failing to register as a sex offender.

The spokesperson, Juan Vazquez, said Hendricks is currently being held without bond at the Fairfax County Adult Detention Center. Online records for the Fairfax County General District Court show that Hendricks is scheduled to appear at a preliminary hearing on Oct. 9.

“On Friday, June 28, around 9:28 p.m. the Vienna Police Department responded to reports of an intoxicated individual threatening customers of the Hawk & Griffin,” a Vienna police statement says. “Upon the arrival of the officers the individual had already left the premises but was promptly located at an address nearby,” according to the statement.

The statement adds that Hendricks was subsequently charged with being drunk in public, providing false information about his identity to police, and assault on a police officer along with being served with the outstanding warrant related to the prior charge in Alexandria of failing to register as a sex offender.

Details of the prior sex offender charge couldn’t immediately be obtained from online court records. However, the online records show that Hendricks has at least a dozen or more prior arrests between 2014 and 2023 on charges including public intoxication, trespassing, and failing to register as a sex offender.

Police spokesperson Vazquez said it would be up to prosecutors with the office of the Fairfax County Commonwealth’s Attorney to determine if a subsequent hate crime related charge would be filed in the case.

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Politics

HRC slams White House over position opposing gender affirming surgeries for minors

‘Biden administration is flat wrong on this’

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Human Rights Campaign President Kelley Robinson (Washington Blade photo by Michael Key)

Human Rights Campaign President Kelley Robinson issued a strong rebuke on Tuesday of the Biden-Harris administration’s position opposing gender affirming surgeries for minors.

The New York Times reported on June 28 that the White House, which broadly supports making medical interventions available for transgender youth, had expressed opposition to surgeries for patients under 18, having previously declined to take a specific position on the question.

“Health care decisions for young people belong between a patient, their family, and their health care provider. Trans youth are no exception,” Robinson responded. 

“The Biden administration is flat wrong on this. It’s wrong on the science and wrong on the substance. It’s also inconsistent with other steps the administration has taken to support transgender youth. The Biden administration, and every elected official, need to leave these decisions to families, doctors and patients—where they belong,” she added. “Although transgender young people make up an extremely small percentage of youth in this country, the care they receive is based on decades of clinical research and is backed by every major medical association in the U.S. representing over 1.3 million doctors.”

Robinson said the “administration has committed to fight any ban on healthcare for transgender youth and must continue this without hesitation—the entire community is watching.” 

“No parent should ever be put in the position where they and their doctor agree on one course of action, supported by the overwhelming majority of medical experts, but the government forbids it,” she added.

HRC is a prominent backer of Biden’s 2024 reelection campaign, having pledged $15 million to support efforts in six battleground states. The organization has a strong relationship with the White House, with the president and first lady headlining last year’s National Dinner.

A White House spokesperson declined to respond to Robinson’s statement.

Campaign for Southern Equality President Allison Scott also issued a statement.

“This is a cowardly statement from an administration that promised to support transgender people. It is a troubling concession to the right-wing assault on transgender Americans, falling for their false narratives about surgical care and betraying a commitment to equality and trust in the medical community,” said Scott.

“Let’s be very, very clear: Government has no business inserting itself into private medical decisions that should be exclusively between patients, their providers, and the patients’ parent or guardian,” Scott added.

“It is dangerous to begin endorsing categorical bans or limits on healthcare, and there is no justification for restricting transgender youth’s access to the very same care that many cisgender youth receive every year — that’s literally the definition of discrimination,” Scott concluded. “We demand the Biden administration retract this thoughtless statement and work to undo its damage.” 

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Virginia

Parades, community events held to mark Pride Month in Va.

Upwards of 30,000 people attended PrideFest in Norfolk on June 22

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Shi-Queeta-Lee at Arlington Pride in Arlington, Va., on June 29, 2024. (Washington Blade photo by Michael Key)

Activists across Virginia last month held a series of events to mark Pride Month.

Hampton Roads Pride, a volunteer-run organization founded in 1997, held 37 different Pride events throughout the region in June. 

Their biggest event, PrideFest, which is part of their larger three day event, Pride Weekend, celebrated its 36th anniversary on June 22. Pride Weekend took place from June 21-23 and began with a block party at NorVa in Norfolk. 

PrideFest took place at Town Point Park, and an estimated 30,000 people attended. More than 70 venders participated, while Todrick Hall and Mariah Counts are among those who performed.

Another PrideFest event with a DJ in the afternoon and live music at night took place in Virginia Beach on June 23. Congressman Bobby Scott and U.S. Sen. Tim Kaine (D-Va.) are among those who attended Pride events in Suffolk on June 30.

Norfolk Mayor Kenneth Alexander, along with members of the Norfolk and Virginia Beach City Councils, also attended the Pride events in their respective cities. Jamar Walker, the first openly gay federal judge in Virginia, also took part.

“You know people all throughout Pride Month, at all of our various events, tell me all kinds of stories about their own experiences and the past of this community … and some of our older folks especially, remember when we couldn’t have this,” Hampton Roads Pride President Jeff Ryder told the Washington Blade on Monday during a telephone interview.

“It was a great year,” he added. “It was a big achievement for us to have unique celebrations in each of our seven communities. Each of these cities is so different from one another, but to be able to create a Pride celebration that’s unique in each of those places was really great, and I think really well received by folks who may not have felt represented previously. We’re always trying to do better, to embrace every aspect of our community, and take a big step forward there this year.”

State Dels. Adele McClure (D-Arlington County) and Alfonso Lopez (D-Arlington County) are among those who spoke at Arlington Pride that took place at Long Bridge Park on June 29. The Fredericksburg Pride march and festival took place the same day at Riverfront Park in Fredericksburg.

Republican Virginia Gov. Glenn Youngkin on June 10 hosted a Pride Month reception in Richmond. 

Youngkin in previous years has hosted Pride Month receptions, even though Equality Virginia and other advocacy groups have criticized him for supporting anti-LGBTQ bills.

The Republican governor in March signed a bill that codified marriage equality in Virginia. Youngkin last month vetoed a measure that would have expanded the definition of bullying in the state. 

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