FILE - In this April 2009 file photo photo provided by the Cincinnati Bar Association, federal Judge Timothy Seymour Black accepts an award from the bar for his involvement in the community. On Wednesday, Dec. 18, 2013, Black questioned the constitutionality of Ohio's ban on gay marriage and whether state officials have the authority to refuse to recognize the marriages of gay couples who wed in other states. (AP Photo/Cincinnati Bar Association, File)
December 23, 2013 - 11:06 AM
CINCINNATI - A federal judge has declared in a ruling that applies only to death certificates that Ohio's ban on gay marriage is unconstitutional.
Judge Timothy Black's decision orders state officials to recognize such unions on death certificates. Although his ruling applies narrowly, his statements about the gay-marriage ban are sweeping and expected to incite further litigation challenging the law.
In his decision Monday, the judge says that "once you get married lawfully in one state, another state cannot summarily take your marriage away."
He says the U.S. Constitution recognizes the right to remain married as a fundamental liberty.
Black's decision relates to a lawsuit filed in July by two gay Ohio men whose spouses recently died and wanted to be recognized on their death certificates as married.
News from © The Associated Press, 2013