CINCINNATI (AP) — Both sides of a fight over whether gaymarriage should be recognized on Ohio
death certificates despite astatewide constitutional ban were set to argue their cases in front of afederal
judge in Cincinnati.On one side are the two gay Ohio menwho successfully got Judge Timothy Black to order
their recentlydeceased spouses to be listed as married on their death certificates.They want that right
afforded to all same-sex couples in Ohio who, likethem, married in other states that allow gay
marriage."This caseis about love surviving death," their attorney, Al Gerhardstein, wrotein court
documents. "The last record of a person’s life on Earth shouldaccurately state if the decedent is
married and accurately name thesurviving spouse."Gerhardstein will ask Black to declare thatOhio’s ban
on gay marriage is a violation of constitutional rights andorder funeral homes and coroners to document the
marriages of gaycouples on death certificates.Attorneys for the state argue thatrecognizing gay marriages on
death certificates would violate state lawand fly in the face of the millions of voters who decided in 2004
to bansame-sex marriages."The basic nature of this fundamentalinstitution (of marriage) should be
established by the people of Ohioand not by select federal judges," the state’s attorneys wrote in
courtfilings.Black will hold a hearing on the issue Wednesday but heis not expected to issue a ruling. He
said he plans to do so by the endof the year.Previously, Black has sided with Gerhardstein inmatters limited
solely to the two recently widowed gay men, who bothlive in Cincinnati.Black wrote that the surviving
spousesdeserved to be treated with respect and that Ohio law historically hasrecognized out-of-state
marriages as valid as long as they were legalwhere they took place, citing marriages between cousins and
involvingminors."How then can Ohio, especially given the historical statusof Ohio law, single out
same-sex marriages as ones it will notrecognize?" Black wrote in August. "The short answer is that
Ohiocannot."The case has drawn attention in other states, includinghelping spark a similar but much
broader lawsuit in Pennsylvania, whichalso does not permit gay marriage. Black’s decision also has
irritatedsome conservative groups and lawmakers in Ohio, with one Republicanstate legislator calling for
Congress to impeach him.___Follow Amanda Lee Myers on Twitter at https://twitter.com/AmandaLeeAPCopyright
2013 The Associated Press. All rightsreserved. This material may not be published, broadcast, rewritten
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