US: Ohio Attorney General asks federal court to overturn ruling in favour of same-sex marriage
The Attorney General of the US state of Ohio Mike DeWine has asked for a federal judge to overturn an earlier ruling in favour of four gay couples.
A lawsuit challenging Ohio’s same-sex marriage ban was brought by the four couples earlier this year. They last week asked the appeals court to endorse an earlier ruling by District Judge Timothy Black, meaning the state must recognise out-of-state same-sex marriages. Judge Black’s ruling was subject to stay pending appeal.
The state appealed in the case, claiming that Judge Black had ignored precedent-setting cases.
A 41-page reply brief was filed with the 6th Circuit Court of Appeals this week, which asked the court to note that voters in the state passed a constitutional amendment in 2004 banning same-sex marriage.
“Courts should not presume that voters are not capable of deciding an issue of this sensitivity on decent and rational grounds,” the brief read.
“The plaintiffs cannot create a specific right to same-sex marriage merely by alleging that they seek to participate in the general right to marry,” it continues.
The Appeals Court will hear arguments on 6 August, along with cases from other states, which were consolidated.
