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1:13-cv-00501 #33

1:13-cv-00501 #33

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Published by Equality Case Files
Doc 33 - Second Amended Complaint
Doc 33 - Second Amended Complaint

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Categories:Types, Business/Law
Published by: Equality Case Files on Oct 14, 2013
Copyright:Attribution Non-commercial

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10/14/2013

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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF OHIOWESTERN DIVISIONJAMES OBERGEFELL andJOHN ARTHURC/O Gerhardstein & Branch, LPA432 Walnut Street, Suite 400Cincinnati, Ohio 45202andDAVID BRIAN MICHENERC/O Gerhardstein & Branch, LPA432 Walnut Street, Suite 400Cincinnati, Ohio 45202andROBERT GRUNNC/O Grunn Funeral Home825 Main StreetCincinnati, Ohio 45202Plaintiffs,vs.THEODORE E. WYMYSLO,M.D.246 N. High StreetColumbus, OH 43215
In his official capacity as theDirector of the Ohio Department of Health
andCAMILLE JONES, M.D.1525 Elm Street, 4th floorCincinnati, OH 45202
In her official capacity as Registrar,City of Cincinnati HealthDepartment Office of Vital Records
Defendants.:::::::::::::::::::::::::::::::::::::::::Case No. 13-cv-501Judge Timothy S. BlackSECOND AMENDEDCOMPLAINT FORTEMPORARY RESTRAININGORDER AND DECLARATORYAND INJUNCTIVE RELIEF
Case: 1:13-cv-00501-TSB Doc #: 33 Filed: 09/26/13 Page: 1 of 13 PAGEID #: 206
 
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I. PRELIMINARY STATEMENT
1.
 
This civil rights case challenges as unconstitutional the application of the Ohiostatute and state constitutional amendment that deny legal recognition in Ohio to themarriages of same-sex couples who are married in one of the many states and numerousforeign countries where same-sex marriages are legal. The Obergefell-Arthur plaintiffs,for example, have been in a committed relationship for over twenty years. John Arthur suffers from debilitating ALS disease and is currently a hospice patient. Following theU.S. Supreme Court’s historic decision
United States v. Windsor 
, the couple traveled toMaryland and was married in accordance with the laws of that state. Now back in Ohio,their marriage is not recognized by the state of Ohio for any purpose. Meanwhile, themarriages of opposite-sex couples that are legal in other states but would not be allowed in Ohio (e.g., marriages of first cousins or a young partner) are routinely accepted in Ohioif those marriages are legal in the state where they are celebrated. This recognition of opposite-sex marriages but rejection of same-sex marriages that do not meet the Ohiocriteria for marriage violates rights secured to the plaintiffs by the United StatesConstitution. Plaintiffs seek an order requiring defendants to issue a death certificate thatreflects their status as married and their survivor as the surviving spouse. Plaintiff RobertGrunn is a licensed funeral director and has a statutory duty to serve as an accurate and truthful reporter of personal facts with respect to applications for death certificates. Hesues on his own behalf and on behalf of his same-sex married clients in order that same-sex marriages be properly recognized on Ohio death certificates.
Case: 1:13-cv-00501-TSB Doc #: 33 Filed: 09/26/13 Page: 2 of 13 PAGEID #: 207
 
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II. JURISDICTION AND VENUE
2.
 
Jurisdiction over the federal claims is conferred on this Court by 28 U.S.C.§1331 and §1343(3) and (4). Venue is proper under 28 U.S.C. §1391.
III. PARTIES
 3.
 
Plaintiff James Obergefell is a resident of Cincinnati, Ohio. He is married toJohn Arthur.4.
 
Plaintiff John Arthur is a resident of Cincinnati, Ohio. He is married to JamesObergefell.5.
 
Plaintiff David Michener is a resident of Wyoming, Ohio. He was married toWilliam Herbert Ives. Mr. Ives died at University Hospital in Cincinnati on August 27,2013.6.
 
Plaintiff Robert Grunn is a funeral director and embalmer licensed by the Stateof Ohio. He is the managing partner at the Grunn Funeral Home at 825 Main Street inCincinnati, Ohio, 45202 and at the Grunn Lusain Memorial Center at 910 Patterson Blvd in Dayton, OH 45402.7.
 
Defendant Theodore E. Wymyslo, M.D., is the Director of the Ohio Departmentof Health. In that capacity he is responsible for overseeing the administration of allstatutes and regulations that relate to the State of Ohio’s system for recording vitalstatistics, including but not limited to the issuance of death certificates. DefendantWymsylo is sued in his official capacity for injunctive relief only.8.
 
Defendant Dr. Camille Jones, Local Registrar, Cincinnati Health Dept. Office of Vital Records, is responsible for filing death certificates and ensuring the personal
Case: 1:13-cv-00501-TSB Doc #: 33 Filed: 09/26/13 Page: 3 of 13 PAGEID #: 208

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