Case: Henry v. Wymyslo

1:14-cv-00129 | U.S. District Court for the Southern District of Ohio

Filed Date: Feb. 10, 2014

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On February 10, 2014, four same-sex couples and one of the couples' adopted children filed suit in the U.S. District Court for the Southern District of Ohio. Plaintiffs sought declaratory and injunctive relief under 42 U.S.C. § 1983, claiming that Ohio's ban on same sex marriage and the manner in which that ban was applied were unconstitutional under the Due Process and Full Faith and Credit Clauses of the United States Constitution. Specifically, several of the couples were expecting children …

On February 10, 2014, four same-sex couples and one of the couples' adopted children filed suit in the U.S. District Court for the Southern District of Ohio. Plaintiffs sought declaratory and injunctive relief under 42 U.S.C. § 1983, claiming that Ohio's ban on same sex marriage and the manner in which that ban was applied were unconstitutional under the Due Process and Full Faith and Credit Clauses of the United States Constitution. Specifically, several of the couples were expecting children and under Ohio law at the time, only one parent would be recorded on the birth certificate of the children. Plaintiffs requested that the court declare the relevant sections of the Ohio Constitution unconstitutional and issue injunctive relief ensuring that the couples be permitted to record both parents' names on the birth certificates of their children.

On April 14, 2014, Judge Timothy Black issued a ruling holding unconstitutional Ohio's ban on recognition of same-sex marriages from other states, and requiring Ohio to recognize all such marriages. The defendants moved for a stay against the injunction the next day. On April 16th, Judge Black granted in part the defendants' motion for stay of injunction pending appeal; he stayed the application of the unconstitutionality to non-plaintiff same-sex couples but did not stay the injunctive relief provided to the named plaintiffs.

The defendants appealed to the 6th Circuit Court of Appeals on May 9, 2014. On November 6, 2014, the Sixth Circuit ruled on this and along with cases from four other states: DeBoer v. Snyder (PB-MI-0004), Obergefell v. Hodges (PB-OH-0003), Love v. Beshear (PB-KY-0001), and Tanco v. Haslam (PB-TN-0005). The Sixth Circuit was unwilling to find a constitutional basis to deny states' authority to define marriage. On the Due Process and Equal Protection claims raised in this case, the court found that the bans were plausibly rational, and neither ban was in violation of the Constitution or unlawful due to illegal animus or discrimination. It also held that "[i]f it is constitutional for a State to define marriage as a relationship between a man and a woman, it is also constitutional for the State to stand by that definition with respect to couples married in other States or countries." (DeBoer v. Snyder). Accordingly, the Sixth Circuit upheld the same-sex marriage bans in Ohio, Michigan, Kentucky, and Tennessee.

The Supreme Court granted certiorari review of all the Sixth Circuit cases on January 16, 2015, in Obergefell v. Hodges. The Court rephrased the questions presented as: 1) Does the Fourteenth Amendment require a state to license marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?

On June 26, 2015, the Court reversed in an opinion by Justice Kennedy. The right to marry is fundamental, the Court held, and it demeans gay and lesbian couples to deprive them of access to marriage. The Fourteenth Amendment therefore does not allow states to ban same-sex marriage. Justice Kennedy was joined without further writing by Justices Ginsburg, Breyer, Kagan, and Sotomayor. Each of the four dissenters—Chief Justice Roberts, and Justices Scalia, Thomas, and Alito—wrote separately.

After the Supreme Court’s decision, the District Court lifted the stay off the injunction, requiring Ohio to recognize same-sex marriages. On November 2, 2015, the District Court entered a final judgment. The court declared that Ohio’s marriage recognition statutes violated the Fourteenth Amendment and permanently enjoined the defendants from enforcing those statutes or denying same-sex couples the all of the rights, protections, and benefits of marriage provided by Ohio law. The court also ordered defendants to issue birth certificates listing both same-sex parents on their child’s birth certificates, as well as to provide instructions on how to complete the forms to allow parents to choose their title (mother, father, parent) and gender (male, female). The case is now closed.

Summary Authors

Chris MacColl (4/15/2014)

Nadji Allan (11/12/2014)

Justin Hill (11/26/2019)

Related Cases

DeBoer v. Snyder, Eastern District of Michigan (2012)

Obergefell v. Hodges, Southern District of Ohio (2013)

Love v. Beshear, Western District of Kentucky (2013)

Tanco v. Haslam, Middle District of Tennessee (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4363508/parties/henry-v-himes/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Black, Timothy Seymour (Ohio)

Breyer, Stephen Gerald (District of Columbia)

Daughtrey, Martha Craig (Tennessee)

Ginsburg, Ruth Bader (District of Columbia)

Kagan, Elena (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Scalia, Antonin (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Sutton, Jeffrey S. (Ohio)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Black, Timothy Seymour (Ohio)

Breyer, Stephen Gerald (District of Columbia)

Daughtrey, Martha Craig (Tennessee)

Ginsburg, Ruth Bader (District of Columbia)

Kagan, Elena (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Scalia, Antonin (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Sutton, Jeffrey S. (Ohio)

Thomas, Clarence (District of Columbia)

Attorneys(s) for Plaintiff

Branch, Jennifer L. (Ohio)

Castillo, Paul D. (Texas)

Cook, Marshall Currey (New York)

Essig, Ellen (Ohio)

Gerhardstein, Alphonse A. (Ohio)

Martin, Jacklyn Gonzalez (Ohio)

Meeks, Lisa T. (Ohio)

Sommer, Susan (New York)

Attorneys(s) for Defendant

Coontz, Bridget C (Ohio)

Herzig, Aaron Mark (Ohio)

Keller, Zachary Paul (Ohio)

Richardson, Ryan L (Ohio)

Other Attorney(s)

Stackpole, Peter J. (Ohio)

Documents in the Clearinghouse

Document

Docket [PACER]

Henry v. Himes

Nov. 2, 2015 Docket
1

Complaint for Temporary Restraining Order and Declaratory and Injunctive Relief

Feb. 10, 2014 Complaint
4

Motion for Temporary Restraining Order and Preliminary Injunction

Feb. 10, 2014 Pleading / Motion / Brief
18

Plaintiffs' Motion for Declaratory Judgment and Permanent Injunctive Relief

Henry v. Wymyslo

Feb. 28, 2014 Pleading / Motion / Brief
28

ORDER GRANTING PLAINTIFFS’ MOTION FOR DECLARATORY JUDGMENT AND PERMANENT INJUNCTION

Henry v. Himes

14 F.Supp.3d 1036

April 14, 2014 Order/Opinion
29

DECLARATORY JUDGMENT AND PERMANENT INJUNCTION

Henry v. Hines

April 14, 2014 Order/Opinion
32

Order Granting In Part Defendant Himes's Motion for Stay of Injunction Pending Appeal

Henry v. Himes

2014 WL 2177634

April 16, 2014 Order/Opinion

Opinion of the Sixth Circuit

Henry v. Hodges

U. S. Court of Appeals for the Sixth Circuit

772 F.3d 388

Nov. 6, 2014 Order/Opinion

Opinion

Obergefell v. Hodges

Supreme Court of the United States

135 S.Ct. 2584

June 26, 2015 Order/Opinion
42

Final Judgment and Declaratory Judgment and Permanent Injunction

Henry v. Hodges

Nov. 2, 2015 Order/Opinion

Resources

Title Description External URL

Oral Argument in Same Sex Marriage Cases

Oyez

The questions presented in this case are whether: <br /> <br />(1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? <br /> <br />(2) Does t… April 28, 2015 http://www.oyez.org/cases/2010-2019/2014/2014_14_556

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4363508/henry-v-himes/

Last updated May 19, 2022, 11:28 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-4439792), filed by Kelly McCracken, Georgia Nicole Yorksmith, Robert Talmas, Brittni Rogers, Joseph J. Vitale, Pamela Yorksmith, Brittani Henry, Adoption S.T.A.R., Inc., Kelly Noe. (Attachments: # 1 Civil Cover Sheet) (Branch, Jennifer) Modified to correct docket text on 2/11/2014 (sct1). (Entered: 02/10/2014)

1 Civil Cover Sheet

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Feb. 10, 2014 Clearinghouse
2

NOTICE of Appearance by Jacklyn Gonzales Martin for Plaintiffs Adoption S.T.A.R., Inc., Brittani Henry, Kelly McCracken, Kelly Noe, Brittni Rogers, Robert Talmas, Joseph J. Vitale, Georgia Nicole Yorksmith, Pamela Yorksmith (Martin, Jacklyn) Modified to correct docket text on 2/11/2014 (sct1). (Entered: 02/10/2014)

Feb. 10, 2014 PACER
3

NOTICE of Appearance by Alphonse Adam Gerhardstein for Plaintiffs Adoption S.T.A.R., Inc., Brittani Henry, Kelly McCracken, Kelly Noe, Brittni Rogers, Robert Talmas, Joseph J. Vitale, Georgia Nicole Yorksmith, Pamela Yorksmith (Gerhardstein, Alphonse) Modified to correct docket text on 2/11/2014 (sct1). (Entered: 02/10/2014)

Feb. 10, 2014 PACER
4

MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs Adoption S.T.A.R., Inc., Brittani Henry, Kelly McCracken, Kelly Noe, Brittni Rogers, Robert Talmas, Joseph J. Vitale, Georgia Nicole Yorksmith, Pamela Yorksmith. (Attachments: # 1 Exhibit 1 Proposed Order on Motion on TRO, # 2 Affidavit Brittni Rogers Signed Declaration, # 3 Affidavit Yorksmith Signed Declaration, # 4 Affidavit Noe Signed Declaration, # 5 Affidavit Vitale Signed Declaration, # 6 Affidavit Ginn Signed Declaration, # 7 Affidavit Singer Signed Declaration, # 8 Affidavit Seay Signed Declaration) (Gerhardstein, Alphonse). Added MOTION for Preliminary Injunction on 2/10/2014 (sct1). Modified to correct docket text on 2/11/2014 (sct1). (Entered: 02/10/2014)

1 Exhibit 1 Proposed Order on Motion on TRO

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2 Affidavit Brittni Rogers Signed Declaration

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3 Affidavit Yorksmith Signed Declaration

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4 Affidavit Noe Signed Declaration

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5 Affidavit Vitale Signed Declaration

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6 Affidavit Ginn Signed Declaration

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7 Affidavit Singer Signed Declaration

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8 Affidavit Seay Signed Declaration

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Feb. 10, 2014 Clearinghouse
5

NOTICE of Appearance by Lisa Talmadge Meeks for Plaintiffs Adoption S.T.A.R., Inc., Brittani Henry, Kelly McCracken, Kelly Noe, Brittni Rogers, Robert Talmas, Joseph J. Vitale, Georgia Nicole Yorksmith, Pamela Yorksmith (Meeks, Lisa) Modified to correct docket text on 2/11/2014 (sct1). (Entered: 02/10/2014)

Feb. 10, 2014 PACER
6

BRIEFING SCHEDULE: Answers: 2/25/2014. Fact stipulations and additional declarations: 2/28/2014. Plaintiff's motion for permanent injunction: 2/28/2014. Defendants' memoranda contra: 3/19/2014. Plaintiffs' reply memorandum: 4/1/2014. Oral argument on motion for permanent injunction in Cincinnati Courtroom #3, Room 836: 4/4/2014 at 10:00 a.m. Signed by Judge Timothy S. Black on 2/12/2014. (mr1) (Entered: 02/12/2014)

Feb. 12, 2014 RECAP
7

NOTICE of Appearance by Ryan L. Richardson for Defendant Theodore E. Wymyslo (Richardson, Ryan) (Entered: 02/13/2014)

Feb. 13, 2014 PACER
8

NOTICE of Appearance by Bridget C Coontz for Defendant Theodore E. Wymyslo (Coontz, Bridget) (Entered: 02/13/2014)

Feb. 13, 2014 PACER
9

NOTICE of Appearance by Zachery Paul Keller for Defendant Theodore E. Wymyslo (Keller, Zachery) (Entered: 02/13/2014)

Feb. 13, 2014 PACER
10

MOTION for Leave to Appear Pro Hac Vice of Ellen Essig (Filing fee $ 200, receipt number 0648-4451629) by Plaintiffs Adoption S.T.A.R., Inc., Brittani Henry, Kelly McCracken, Kelly Noe, Brittni Rogers, Robert Talmas, Joseph J. Vitale, Georgia Nicole Yorksmith, Pamela Yorksmith. (Attachments: # 1 Certificate of Good Standing, # 2 Affirmation) (Gerhardstein, Alphonse) (Entered: 02/18/2014)

1 Certificate of Good Standing

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2 Affirmation

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Feb. 18, 2014 PACER
11

NOTICE of Appearance by Aaron Mark Herzig for Defendant Camille Jones (Herzig, Aaron) (Entered: 02/19/2014)

Feb. 19, 2014 PACER
12

MOTION for Leave to Appear Pro Hac Vice of Susan L. Sommer (Filing fee $ 200, receipt number 0648-4460155) by Plaintiffs Adoption S.T.A.R., Inc., Brittani Henry, Kelly McCracken, Kelly Noe, Brittni Rogers, Robert Talmas, Joseph J. Vitale, Georgia Nicole Yorksmith, Pamela Yorksmith. (Attachments: # 1 Exhibit A) (Gerhardstein, Alphonse) (Entered: 02/25/2014)

1 Exhibit A

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Feb. 25, 2014 PACER
13

MOTION for Leave to Appear Pro Hac Vice of Marshall Currey Cook (Filing fee $ 200, receipt number 0648-4460166) by Plaintiffs Adoption S.T.A.R., Inc., Brittani Henry, Kelly McCracken, Kelly Noe, Brittni Rogers, Robert Talmas, Joseph J. Vitale, Georgia Nicole Yorksmith, Pamela Yorksmith. (Attachments: # 1 Exhibit A) (Gerhardstein, Alphonse) (Entered: 02/25/2014)

1 Exhibit A

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Feb. 25, 2014 PACER
14

NOTICE of Appearance by Paul D. Castillo for Plaintiffs Adoption S.T.A.R., Inc., Brittani Henry, Kelly McCracken, Kelly Noe, Brittni Rogers, Robert Talmas, Joseph J. Vitale, Georgia Nicole Yorksmith, Pamela Yorksmith (Castillo, Paul) (Entered: 02/25/2014)

Feb. 25, 2014 PACER
15

ANSWER to 1 Complaint, filed by Theodore E. Wymyslo. (Richardson, Ryan) (Entered: 02/25/2014)

Feb. 25, 2014 RECAP
16

ORDER granting 12 Motion for Leave to Appear Pro Hac Vice of Susan L. Sommer; granting 13 Motion for Leave to Appear Pro Hac Vice of Marshall Currey Cook. Signed by Judge Timothy S. Black on 2/26/2014. (mr1) (Entered: 02/26/2014)

Feb. 26, 2014 PACER
17

NOTICE of Filing Declaration of Alphonse A. Gerhardstein by Plaintiffs Adoption S.T.A.R., Inc., Brittani Henry, Kelly McCracken, Kelly Noe, Brittni Rogers, Robert Talmas, Joseph J. Vitale, Georgia Nicole Yorksmith, Pamela Yorksmith (Attachments: # 1 Declaration of Alphonse A. Gerhardstein, # 2 Ex. A-Redacted Order of Adoption, # 3 Ex. B-Becker Declaration, # 4 Ex. C-Chauncey Declaration, # 5 Ex. D-Fulcher Declaration, # 6 Ex. E-Grossman Declaration, # 7 Ex. F-McKay Declaration, # 8 Ex. G-Peplau Declaration, # 9 Ex. H-Segura Declaration) (Gerhardstein, Alphonse) Modified on 2/28/2014 (mr1). (Entered: 02/28/2014)

1 Declaration of Alphonse A. Gerhardstein

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2 Ex. A-Redacted Order of Adoption

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3 Ex. B-Becker Declaration

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4 Ex. C-Chauncey Declaration

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5 Ex. D-Fulcher Declaration

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6 Ex. E-Grossman Declaration

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7 Ex. F-McKay Declaration

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8 Ex. G-Peplau Declaration

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9 Ex. H-Segura Declaration

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Feb. 28, 2014 PACER
18

MOTION for Permanent Injunction and Declaratory Judgment by Plaintiffs Adoption S.T.A.R., Inc., Brittani Henry, Kelly McCracken, Kelly Noe, Brittni Rogers, Robert Talmas, Joseph J. Vitale, Georgia Nicole Yorksmith, Pamela Yorksmith. Responses due by 3/19/2014 (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order) (Gerhardstein, Alphonse) (Entered: 02/28/2014)

1 Memorandum in Support

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2 Text of Proposed Order

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Feb. 28, 2014 Clearinghouse
19

STIPULATIONS (s) by All Parties by Plaintiffs Adoption S.T.A.R., Inc., Brittani Henry, Kelly McCracken, Kelly Noe, Brittni Rogers, Robert Talmas, Joseph J. Vitale, Georgia Nicole Yorksmith, Pamela Yorksmith, Defendants Theodore Wymyslo, Camille Jones. (Attachments: # 1 A-1 Worksheet, # 2 A-2 Flow Sheet, # 3 A-3 Flow Sheet, # 4 A-4 Sample Record) (Gerhardstein, Alphonse) Modified to include all filers on 3/3/2014 (eh1). (Entered: 02/28/2014)

1 A-1 Worksheet

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2 A-2 Flow Sheet

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3 A-3 Flow Sheet

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4 A-4 Sample Record

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Feb. 28, 2014 PACER
20

RESPONSE in Opposition re 18 MOTION for Permanent Injunction and Declaratory Judgment filed by Defendant Theodore E. Wymyslo. (Richardson, Ryan) (Entered: 03/19/2014)

March 19, 2014 RECAP
21

WAIVER OF SERVICE Returned Executed. Waiver sent to Theodore E. Wymyslo on 2/10/2014, answer due 4/11/2014. (Martin, Jacklyn) (Entered: 03/20/2014)

March 20, 2014 PACER
22

WAIVER OF SERVICE Returned Executed. Waiver sent to Camille Jones on 2/10/2014, answer due 4/11/2014. (Martin, Jacklyn) (Entered: 03/20/2014)

March 20, 2014 PACER
23

NOTICE of Appearance by Peter J Stackpole for Defendant Camille Jones (Stackpole, Peter) (Entered: 03/21/2014)

March 21, 2014 PACER
24

*PLEASE DISREGARD THIS DOCUMENT WAS FILED IN ERROR* REPLY to Response to Motion re 18 MOTION for Permanent Injunction and Declaratory Judgment filed by Plaintiffs Adoption S.T.A.R., Inc., Brittani Henry, Kelly McCracken, Kelly Noe, Brittni Rogers, Robert Talmas, Joseph J. Vitale, Georgia Nicole Yorksmith, Pamela Yorksmith. (Attachments: # 1 Exhibit A. Chart of Harm Suffered by Plaintiffs, # 2 Exhibit B. Unpublished Case) (Gerhardstein, Alphonse) Modified to change security to court users only on 4/1/2014 (jlw1). (Entered: 04/01/2014)

April 1, 2014 PACER
25

REPLY to Response to Motion re 18 MOTION for Permanent Injunction and Declaratory Judgment filed by Plaintiffs Adoption S.T.A.R., Inc., Brittani Henry, Kelly McCracken, Kelly Noe, Brittni Rogers, Robert Talmas, Joseph J. Vitale, Georgia Nicole Yorksmith, Pamela Yorksmith. (Attachments: # 1 Exhibit A. Chart of Harm Suffered by Plaintiffs, # 2 Exhibit B. Unpublished Case) (Gerhardstein, Alphonse) (Entered: 04/01/2014)

1 Exhibit A. Chart of Harm Suffered by Plaintiffs

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2 Exhibit B. Unpublished Case

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April 1, 2014 PACER
26

NOTICE by Defendant Theodore E. Wymyslo Substitution of Party (Richardson, Ryan) (Entered: 04/03/2014)

April 3, 2014 RECAP
27

Transcript of Proceedings (Excerpt of Proceeding - Motion for Permanent Injunction and Declaratory Judgment) held on Friday, April 4, 2014, before Judge Timothy S. Black. 5 pages. Court Reporter/Transcriber Jodie Perkins (Official), Telephone number 513-564-7676. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 4/25/2014. Redacted Transcript Deadline set for 5/5/2014. Release of Transcript Restriction set for 7/3/2014. (mr1) (Entered: 04/04/2014)

April 4, 2014 PACER
28

ORDER GRANTING PLAINTIFFS' MOTION FOR DECLARATORY JUDGMENT AND PERMANENT INJUNCTION. Signed by Judge Timothy S. Black on 4/14/2014. (mr1) (Entered: 04/14/2014)

April 14, 2014 Clearinghouse
29

DECLARATORY JUDGMENT AND PERMANENT INJUNCTION affirming ORDER GRANTING PLAINTIFFS' MOTION FOR DECLARATORY JUDGMENT AND PERMANENT INJUNCTION 28 . Signed by Judge Timothy S. Black on 4/14/2014. (mr1) (Entered: 04/14/2014)

April 14, 2014 Clearinghouse
30

Response to Defendants' Oral Motion to Stay the Court's Order by Plaintiffs Adoption S.T.A.R., Inc., Brittani Henry, Kelly McCracken, Kelly Noe, Brittni Rogers, Robert Talmas, Joseph J. Vitale, Georgia Nicole Yorksmith, Pamela Yorksmith. (Branch, Jennifer) (Entered: 04/14/2014)

April 14, 2014 PACER
31

MOTION FOR STAY OF THE COURT'S PERMANENT INJUNCTION (DOC. NO. 29 PENDING APPEAL by Defendant Lance Himes. (Richardson, Ryan) Modified text to reflect pleading title on 4/16/2014 (mr1). (Entered: 04/15/2014)

April 15, 2014 RECAP
32

ORDER GRANTING IN PART DEFENDANT HIMES'S MOTION FOR STAY OF INJUNCTION PENDING APPEAL. Signed by Judge Timothy S. Black on 4/16/2014. (mr1) (Entered: 04/16/2014)

April 16, 2014 Clearinghouse
33

NOTICE OF APPEAL as to 29 Judgment, Permanent Injunction, 28 Order on Motion for Permanent Injunction by Defendant Lance Himes. Filing fee $ 505, receipt number 0648-4558764. (Richardson, Ryan) (Entered: 05/09/2014)

May 9, 2014 PACER
34

Transcript of Proceedings (Motion for Permanent Injunction and Declaratory Judgment) held on Friday, April 4, 2014, before Judge Timothy S. Black. 75 Pages. Court Reporter/Transcriber Jodie Perkins (Official), Telephone number 513-564-7500. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/13/2014. Redacted Transcript Deadline set for 6/23/2014. Release of Transcript Restriction set for 8/21/2014. (mr1) (Entered: 05/23/2014)

May 23, 2014 PACER
35

Joint MOTION Setting Deadline for Plaintiffs' to File Their Motion for Attorneys' Fees on September 11, 2015 by Plaintiffs Adoption S.T.A.R., Inc., Brittani Henry, Kelly McCracken, Kelly Noe, Brittni Rogers, Robert Talmas, Joseph J. Vitale, Georgia Nicole Yorksmith, Pamela Yorksmith. (Branch, Jennifer) (Entered: 07/30/2015)

July 30, 2015
36

NOTICE by Plaintiffs Adoption S.T.A.R., Inc., Brittani Henry, Kelly McCracken, Kelly Noe, Brittni Rogers, Robert Talmas, Joseph J. Vitale, Georgia Nicole Yorksmith, Pamela Yorksmith of Withdrawal of Co−Counsel Jacklyn Gonzales Martin (Martin, Jacklyn) (Entered: 07/30/2015)

July 30, 2015
38

ORDER of USCA as to 33 Notice of Appeal filed by Lance Himes remanding the appeal to the district court in light of the United States Supreme Court's decision. Note: Mandate to issue. (sct) (Entered: 08/17/2015)

Aug. 17, 2015
39

MANDATE of USCA as to 33 Notice of Appeal filed by Lance Himes. (sct) (Entered: 08/17/2015)

Aug. 17, 2015
40

ORDER LIFTING THE STAY ENTERED ON APRIL 16, 2014 (Doc. 32 ). Signed by Judge Timothy S. Black on 8/18/2015. (mr) (Entered: 08/18/2015)

Aug. 18, 2015

NOTATION ORDER: This civil action is before the Court on the parties' agreed motion to set a 9/11/15 deadline for Plaintiffs to file a supplemental motion for attorneys' fees. (Doc. 35 ). For good cause shown, the agreed motion (Doc. 35 ) is GRANTED. Plaintiffs shall file their supplemental motion for attorneys' fees and expenses on or before 9/11/15. IT IS SO ORDERED by Judge Timothy S. Black on 8/18/2015. (mr) (Entered: 08/18/2015)

Aug. 18, 2015
41

MOTION for Attorney Fees by Plaintiffs Brittani Henry, Kelly McCracken, Kelly Noe, Brittni Rogers, Robert Talmas, Joseph J. Vitale, Georgia Nicole Yorksmith, Pamela Yorksmith. Responses due by 10/5/2015 (Branch, Jennifer) (Entered: 09/11/2015)

Sept. 11, 2015

NOTICE of Hearing: This civil action, along with related Case No. 1:13−cv−501, is hereby set for a status conference by telephone on 9/24/15 at 12:30 p.m. COUNSEL SHALL CALL 1−888−684−8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. (mr) (Entered: 09/15/2015)

Sept. 15, 2015

Minute Entry and Notation Order: This civil action, along with related Case No. 1:13−cv−501, came before the Court for a status conference by telephone on 9/24/15 at 12:30 p.m. Attorneys Alphonse Gerhardstein, Jennifer Branch, Susan Sommer, Bridget Coontz, Zachery Keller, and Peter Stackpole participated. Plaintiffs and the State Defendants jointly moved the Court to stay briefing on Plaintiffs motion for attorney's fees (Doc. 41 ) so that they could pursue negotiations. For good cause shown, the joint oral motion is GRANTED; briefing on Plaintiffs' motion for attorney's fees (Doc. 41 ) is hereby STAYED through 10/15/15. This civil action, along with related Case No. 1:13−cv−501, is hereby set for an additional status conference by telephone on 10/15/15 at 10:00 a.m. COUNSEL SHALL CALL 1−888−684−8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. (mr) (Entered: 09/24/2015)

Sept. 24, 2015

Minute Entry: This civil action, along with related Case No. 1:13−cv−501, came before the Court for a status conference by telephone on 10/15/15 at 10:00 a.m. Attorneys Jennifer Branch and Bridget Coontz participated. The parties advise that these related civil actions have settled. The Court anticipates that it will receive a joint proposed final order on or before 10/23/15 and a joint proposed fee order on or before 10/30/15. (mr) (Entered: 10/15/2015)

Oct. 15, 2015
42

FINAL JUDGMENT AND DECLARATORY JUDGMENT AND PERMANENT INJUNCTION. Signed by Judge Timothy S. Black on 11/2/2015. (mr) (Entered: 11/02/2015)

Nov. 2, 2015 Clearinghouse

State / Territory: Ohio

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Feb. 10, 2014

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four same-sex couples living in Ohio and a child adopted by one of the couples.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Cincinnati Health Department (Hamilton), City

Ohio, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Full faith and credit

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Adoption

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Male