Henry v. Himes
District court proceedings
On February 10, 2014, in Henry v. Wymyslo, four same-sex couples legally married in other states sued in U.S District Court Southern District of Ohio seeking to force the state to list both parents on their children's birth certificates. The judge assigned to the case, Judge Timothy Black, is the same assigned to Obergefell. Three of the couples were women living in Ohio, each anticipating the birth of a child later in 2014. The fourth was a male couple living in New York with their adopted son who was born in Ohio in 2013.
While this lawsuit was pending, the plaintiffs amended their complaint to ask the court to declare Ohio's ban on same-sex marriage unconstitutional. Judge Black gave the state time to prepare its appeal of his decision by announcing on April 4 that he would issue an order on April 14 requiring Ohio to recognize same-sex marriages from other jurisdictions. Following the resignation of the lead defendant, Ohio's director of health, Ted Wymyslo, for reasons unrelated to the case, Lance Himes became interim director and the case was restyled Henry v. Himes. On April 14, Black ruled that Ohio must recognize same-sex marriages from other jurisdictions, and on April 16 stayed enforcement of his ruling except for the birth certificates sought by the plaintiffs.
Court of Appeals proceedings
After the state attorney general filed the necessary paperwork on May 9, 2014, Henry is currently on appeal in the Sixth Circuit, which heard oral arguments on August 6.
Cowger v. United States
On February 18, 2014, two men married in Chautauqua, New York, in 2012, and fathers of an adopted daughter since 2006, filed suit against the Federal and Ohio State governments in U.S. district court. They sought family healthcare coverage under the Affordable Care Act. On March 28, the plaintiff couple voluntarily dismissed their lawsuit after obtaining a family policy. Their attorney commented that the lawsuit may have helped to clear up the confusion they had encountered with the insurance marketplace.
Initiative to repeal constitutional ban
FreedomOhio and Equality Ohio are seeking state officials' approval of a ballot initiative that would replace the constitutional amendment and allow same-sex marriage. Two prominent Republicans, Senator Rob Portman and former Attorney General Jim Petro, support repealing the same-sex marriage ban.