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1:13-cv-00501 #14

1:13-cv-00501 #14

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Published by Equality Case Files
Doc 14 - Temporary Restraining Order
Doc 14 - Temporary Restraining Order

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Categories:Types, Business/Law
Published by: Equality Case Files on Jul 22, 2013
Copyright:Attribution Non-commercial

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07/26/2013

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1
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF OHIOWESTERN DIVISION
 
JAMES OBERGEFELL and
 
JOHN ARTHUR,Plaintiffs,
 
vs.JOHN KASICH,
et al 
,Defendants.
 
: Case No. 1:13-cv-501
 
:
 
: Judge Timothy S. Black
 
:
 
: TEMPORARY RESTRAINING ORDER:::
 
:
 
:
 Upon consideration of the motion of Plaintiffs for injunctive relief, the responses of theDefendants, and the exhibits and declarations submitted by the parties, this Court has found and concluded, for the specific reasons required under Federal Rule of Civil Procedure 65(d), thatPlaintiffs have shown (1) a likelihood of success on the merits on at least some of their claims,(2) that they will suffer irreparable harm if an injunction is not issued, and (3) that the balance of harms and the public interest weigh in favor of granting the temporary restraining order.Specifically, the Court finds, on the current record, that Plaintiffs have established a substantiallikelihood of success on the merits of their claim that Ohio Rev. Code §3101.01(C )(3)&(4) and Art. XV, §11, Ohio Constitution, violate rights secured by the First and Fourteenth Amendmentsto the United States Constitution in that same sex couples married in jurisdictions where samesex marriage is valid who seek to have their out-of-state marriage accepted as legal in Ohio aretreated differently than opposite sex couples who have been married in states where their circumstances allow marriage in that state but not in Ohio (
e.g.
, consanguinity or age). On thisrecord, there is insufficient evidence of a legitimate state interest to justify this singling out of same sex married couples given the severe and irreparable harm it imposes on these Plaintiffs.
Case: 1:13-cv-00501-TSB Doc #: 14 Filed: 07/22/13 Page: 1 of 2 PAGEID #: 106

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