Case: Gibson v. Himes

1:14-cv-00347 | U.S. District Court for the Southern District of Ohio

Filed Date: April 30, 2014

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On April 30, 2014, six same-sex couples filed a lawsuit in the Southern District of Ohio U.S. District Court against the State of Ohio. The plaintiffs, represented by private counsel, sought a declaration that Ohio laws banning same-sex marriage were in violation of the Constitution, an injunction against enforcing the ban, and an award of compensation for attorney's fees and costs.Specifically, the plaintiffs alleged that their rights to due process and equal protection had been abridged. The …

On April 30, 2014, six same-sex couples filed a lawsuit in the Southern District of Ohio U.S. District Court against the State of Ohio. The plaintiffs, represented by private counsel, sought a declaration that Ohio laws banning same-sex marriage were in violation of the Constitution, an injunction against enforcing the ban, and an award of compensation for attorney's fees and costs.

Specifically, the plaintiffs alleged that their rights to due process and equal protection had been abridged. The plaintiffs also alleged that they suffered harm by being denied tax and employment benefits that are available to different-sex couples, along with the social stigma of not being allowed to marry.

On April 30, 2014, the plaintiffs filed a motion for a temporary restraining order and a preliminary injunction. The plaintiffs then filed a motion for a permanent injunction and declaratory relief on June 28, 2014. However, once the Supreme Court ruled in Obergefell v. Hodges that same-sex couples may exercise the fundamental right to marry in all states, 135 S.Ct. 2584 (2015), (PB-OH-0003 in this Clearinghouse), District Judge Michael R. Barrett entered a final judgment and declaratory judgment that the Ohio laws at issue violate the Fourteenth Amendment of the U.S. Constitution on May 27, 2016. The Court permanently enjoined the defendants from enforcing the state laws. The case is now closed.

Summary Authors

Megan Dolan (6/19/2014)

Eva Richardson (1/7/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4363542/parties/gibson-v-himes/


Judge(s)

Barrett, Michael Ryan (Ohio)

Attorneys(s) for Plaintiff

Branch, Jennifer L. (Ohio)

Gerhardstein, Alphonse A. (Ohio)

Martin, Jacklyn Gonzalez (Ohio)

Meeks, Lisa T. (Ohio)

Attorneys(s) for Defendant

Keller, Zachary Paul (Ohio)

Stevenson, David T. (Ohio)

Expert/Monitor/Master

Harper, James Warren (Ohio)

Judge(s)

Barrett, Michael Ryan (Ohio)

Attorneys(s) for Plaintiff

Branch, Jennifer L. (Ohio)

Gerhardstein, Alphonse A. (Ohio)

Martin, Jacklyn Gonzalez (Ohio)

Meeks, Lisa T. (Ohio)

Attorneys(s) for Defendant

Keller, Zachary Paul (Ohio)

Stevenson, David T. (Ohio)

Expert/Monitor/Master

Harper, James Warren (Ohio)

Documents in the Clearinghouse

Document

1:14-cv-00347

Southern District of OH (U.S.)

May 27, 2016

May 27, 2016

Docket
1

1:14-cv-00347

Verified Complaint for Temporary Restraining Order and Declaratory and Injunctive Relief

April 30, 2014

April 30, 2014

Complaint
27

1:14-cv-00347

Final Judgment and Declaratory Judgment and Permanent Injunction

May 27, 2016

May 27, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4363542/gibson-v-himes/

Last updated Aug. 2, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Temporary Restraining Order and Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-4544302), filed by Dave Beck, Rhonda Craig, Heather Apple, Andrew Hickman, Gary Goodman, Deborah Meem, Kendra Dukes, Ethan Fletcher, Michelle Gibson, Mary K. Koehler, Karl Rece, Jr, Ronald Kastner Beck. (Attachments: # 1 Civil Cover Sheet) (Branch, Jennifer) (Entered: 04/30/2014)

1 Civil Cover Sheet

View on PACER

April 30, 2014

April 30, 2014

RECAP
2

NOTICE of Appearance by Alphonse Adam Gerhardstein for Plaintiffs Heather Apple, Dave Beck, Ronald Kastner Beck, Rhonda Craig, Kendra Dukes, Ethan Fletcher, Michelle Gibson, Gary Goodman, Andrew Hickman, Mary K. Koehler, Deborah Meem, Karl Rece, Jr (Gerhardstein, Alphonse) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
3

NOTICE of Appearance by Lisa Talmadge Meeks for Plaintiffs Heather Apple, Dave Beck, Ronald Kastner Beck, Rhonda Craig, Kendra Dukes, Ethan Fletcher, Michelle Gibson, Gary Goodman, Andrew Hickman, Mary K. Koehler, Deborah Meem, Karl Rece, Jr (Meeks, Lisa) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
4

NOTICE of Appearance by Jacklyn Gonzales Martin for Plaintiffs Heather Apple, Dave Beck, Ronald Kastner Beck, Rhonda Craig, Kendra Dukes, Ethan Fletcher, Michelle Gibson, Gary Goodman, Andrew Hickman, Mary K. Koehler, Deborah Meem, Karl Rece, Jr (Martin, Jacklyn) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
5

MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs Heather Apple, Dave Beck, Ronald Kastner Beck, Rhonda Craig, Kendra Dukes, Ethan Fletcher, Michelle Gibson, Gary Goodman, Andrew Hickman, Mary K. Koehler, Deborah Meem, Karl Rece, Jr. (Attachments: # 1 Exhibit 1 Proposed Order, # 2 Exhibit 2 Sample Marriage Certificate, # 3 Affidavit Michelle Gibson, # 4 Affidavit Heather Apple, # 5 Affidavit Ronald Kastner Beck, # 6 Affidavit Andrew Hickam, # 7 Affidavit Gary Goodman, # 8 Affidavit Rhonda Craig) (Branch, Jennifer) (Entered: 04/30/2014)

1 Exhibit 1 Proposed Order

View on PACER

2 Exhibit 2 Sample Marriage Certificate

View on PACER

3 Affidavit Michelle Gibson

View on PACER

4 Affidavit Heather Apple

View on PACER

5 Affidavit Ronald Kastner Beck

View on PACER

6 Affidavit Andrew Hickam

View on PACER

7 Affidavit Gary Goodman

View on PACER

8 Affidavit Rhonda Craig

View on PACER

April 30, 2014

April 30, 2014

PACER
6

NOTICE of Appearance by Bridget C Coontz for Defendant Lance Himes (Coontz, Bridget) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
7

NOTICE of Appearance by Zachery Paul Keller for Defendant Lance Himes (Keller, Zachery) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
8

NOTICE of Appearance by David Todd Stevenson for Defendant James Cissell (Stevenson, David) (Entered: 05/01/2014)

May 1, 2014

May 1, 2014

PACER
9

NOTICE of Appearance by James Warren Harper for Defendant James Cissell (Harper, James) (Entered: 05/01/2014)

May 1, 2014

May 1, 2014

PACER
10

ANSWER to 1 Complaint, filed by James Cissell. (Stevenson, David) (Entered: 05/19/2014)

May 19, 2014

May 19, 2014

PACER
11

WAIVER OF SERVICE Returned Executed. Waiver sent to James Cissell on 4/30/2014, answer due 6/30/2014. (Gerhardstein, Alphonse) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

PACER
12

ANSWER to 1 Complaint, filed by Lance Himes. (Coontz, Bridget) Modified to clarify docket text on 5/22/2014 (jlw). (Entered: 05/21/2014)

May 21, 2014

May 21, 2014

PACER
13

REVISED AGREED CALENDAR ORDER; Answer due 5/21/14. Fact Stipulations and addition declarations due 6/18/14. Plaintiffs' Injunction Motion due by 6/18/2014. Defendants' Memorandum Contra due 8/14/14. Plaintiffs' Reply Memorandum due 8/28/14; oral argument to be determined. Signed by Judge Michael R. Barrett on 6/17/14. (ba1) (Entered: 06/17/2014)

June 17, 2014

June 17, 2014

PACER
14

DECLARATION of Jennifer Branch in Support of 16 Motion for Declaratory Judgment and Permanent Injunctive Relief (part 1) by Plaintiffs Heather Apple, Dave Beck, Ronald Kastner Beck, Rhonda Craig, Kendra Dukes, Ethan Fletcher, Michelle Gibson, Gary Goodman, Andrew Hickman, Mary K. Koehler, Deborah Meem, Karl Rece, Jr. (Attachments: # 1 Exhibit A Becker declaration) (Branch, Jennifer) Modified to clarify docket text on 6/19/2014 (jlw1). (Entered: 06/18/2014)

1 Exhibit A Becker declaration

View on PACER

June 18, 2014

June 18, 2014

PACER
15

DECLARATION of Jennifer Branch in Support of 16 Motion for Declaratory Judgment and Permanent Injunctive Relief (part two) by Plaintiffs Heather Apple, Dave Beck, Ronald Kastner Beck, Rhonda Craig, Kendra Dukes, Ethan Fletcher, Michelle Gibson, Gary Goodman, Andrew Hickman, Mary K. Koehler, Deborah Meem, Karl Rece, Jr. (Attachments: # 1 Exhibit B Chauncey declaration, # 2 Exhibit C Fulcher declaration, # 3 Exhibit D Grossman declaration, # 4 Exhibit E McKay declaration, # 5 Exhibit F Peplau declaration, # 6 Exhibit G Segura declaration) (Branch, Jennifer) Modified to clarify docket text on 6/19/2014 (jlw1). (Entered: 06/18/2014)

1 Exhibit B Chauncey declaration

View on PACER

2 Exhibit C Fulcher declaration

View on PACER

3 Exhibit D Grossman declaration

View on PACER

4 Exhibit E McKay declaration

View on PACER

5 Exhibit F Peplau declaration

View on PACER

6 Exhibit G Segura declaration

View on PACER

June 18, 2014

June 18, 2014

PACER
16

MOTION for Permanent Injunction and Declaratory Relief by Plaintiffs Heather Apple, Dave Beck, Ronald Kastner Beck, Rhonda Craig, Kendra Dukes, Ethan Fletcher, Michelle Gibson, Gary Goodman, Andrew Hickman, Mary K. Koehler, Deborah Meem, Karl Rece, Jr. Responses due by 7/14/2014 (Attachments: # 1 Exhibit 1 Sampe marriage abstract) (Branch, Jennifer) (Entered: 06/18/2014)

1 Exhibit 1 Sampe marriage abstract

View on PACER

June 18, 2014

June 18, 2014

PACER
17

MOTION for Declaratory Judgment And Permanent Injunctive Relief And Memorandum In Support by Plaintiffs Heather Apple, Dave Beck, Ronald Kastner Beck, Rhonda Craig, Kendra Dukes, Ethan Fletcher, Michelle Gibson, Gary Goodman, Andrew Hickman, Mary K. Koehler, Deborah Meem, Karl Rece, Jr. Responses due by 7/14/2014 (Branch, Jennifer) (Entered: 06/19/2014)

June 19, 2014

June 19, 2014

PACER
18

NOTICE of Appearance by Adam Gingold Gerhardstein for Plaintiffs Heather Apple, Dave Beck, Ronald Kastner Beck, Rhonda Craig, Kendra Dukes, Ethan Fletcher, Michelle Gibson, Gary Goodman, Andrew Hickman, Mary K. Koehler, Deborah Meem, Karl Rece, Jr (Gerhardstein, Adam) (Entered: 07/10/2014)

July 10, 2014

July 10, 2014

PACER
19

ORDER re 13 Calendar Order and 17 MOTION for Declaratory Judgment And Permanent Injunctive Relief And Memorandum In Support filed by Dave Beck, Heather Apple, Karl Rece, Jr., Deborah Meem, Gary Goodman, Andrew Hickman, Rhonda Craig, Kendra Dukes, Michelle Gibson, Ethan Fletcher, Ronald Kastner Beck, Mary K. Koehler; the calendar is stayed; plaintiff has 2 weeks following the decision by the Court of Appeals re: DeBoer and Love to supplement their motion. Signed by Judge Michael R. Barrett on 8/4/14. (ba1) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

PACER
20

Joint MOTION to Extend Stay re 17 MOTION for Declaratory Judgment And Permanent Injunctive Relief And Memorandum In Support by Plaintiffs Heather Apple, Dave Beck, Ronald Kastner Beck, Rhonda Craig, Kendra Dukes, Ethan Fletcher, Michelle Gibson, Gary Goodman, Andrew Hickman, Mary K. Koehler, Deborah Meem, Karl Rece, Jr., Defendant Lance Himes. (Branch, Jennifer) Modified to include Defendant Himes as filer on 11/20/2014 (eh1). (Entered: 11/20/2014)

Nov. 20, 2014

Nov. 20, 2014

PACER
21

Joint MOTION to Amend/Correct 20 MOTION to Stay re 17 MOTION for Declaratory Judgment And Permanent Injunctive Relief And Memorandum In Support, 17 MOTION for Declaratory Judgment And Permanent Injunctive Relief And Memorandum In Support by Plaintiffs Heather Apple, Dave Beck, Ronald Kastner Beck, Rhonda Craig, Kendra Dukes, Ethan Fletcher, Michelle Gibson, Gary Goodman, Andrew Hickman, Mary K. Koehler, Deborah Meem, Karl Rece, Jr. (Branch, Jennifer) (Entered: 11/20/2014)

Nov. 20, 2014

Nov. 20, 2014

PACER
24

ORDER STAYING CASE. Signed by Judge Michael R. Barrett on 3/13/15. (ba1) (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

25

ORDER LIFTING STAY; parties shall contact chambers to schedule a telephone status conference. Signed by Judge Michael R. Barrett on 8/24/15. (ba) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

NOTICE of Hearing: Please be aware that a Status Conference is set for 8/28/2015 at 03:00 PM by teleconference before Judge Michael R. Barrett; parties shall refer to 23 Notice of Telephone Conference for conferencing instructions. (ba) (Entered: 08/27/2015)

Aug. 27, 2015

Aug. 27, 2015

Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 8/28/2015; Jennifer Branch appeared for Plaintiff; David Stevenson appeared for Defendant Judge Winkler; Bridget Coontz and Zachery Keller appeared for Defendant Ohio Attorney General; plaintiff to draft and submit an order to the defendants within the next 30 days. (ba) (Entered: 08/28/2015)

Aug. 28, 2015

Aug. 28, 2015

26

ORDER denying as moot 5 Motion for TRO; denying as moot 16 Motion for Permanent Injunction; and denying as moot 17 Motion for Declaratory Judgment. Signed by Judge Michael R. Barrett on 9/30/2015. (eh) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

27

FINAL JUDGMENT AND DECLARATORY JUDGMENT AND PERMANENT INJUNCTION. Signed by Judge Michael R. Barrett on 5/27/16. (ba) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

22

ORDER granting 20 Motion to Stay/ 21 Motion to Amend/Correct until a telephone status conference set 2/18/15 at 12:30 pm; a notice to follow. Signed by Judge Michael R. Barrett on 12/18/14. (ba1) (Entered: 12/18/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER
23

NOTICE: Please be aware that a Status Conference is set for 2/18/2015 at 12:30 PM by teleconference before Judge Michael R. Barrett; YOU MUST ACCESS THIS DOCUMENT TO OBTAIN CONFERENCING INFORMATION. PLEASE BE AWARE THAT YOU MUST BE LOGGED INTO CM/ECF THROUGH THE COURTS WEBSITE (NOT PACER) AT WWW.OHSD.USCOURTS.GOV USING YOUR OWN PASSWORD BEFORE RETRIEVING THIS DOCUMENT THROUGH THE NOTICE OF ELECTRONIC FILING. NOTE: You will be required to use this information each time the Court conducts a telephone conference. (ba1) (Entered: 12/18/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: April 30, 2014

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs consist of six same-sex couples who are denied the right to marry in the state of Ohio.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Ohio, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2014 - None

Content of Injunction:

Discrimination Prohibition

Preliminary relief request withdrawn/mooted

Issues

General:

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Male