Ohio State Representative John Becker wants a federal judge impeached for planning to declare the state’s ban on recognizing out of state marriages of same-sex couples unconstitutional.
Becker said in a statement Tuesday (8 April): ‘In an epic display of arrogance and incompetence, Judge (Timothy) Black announced that he will require the people of Ohio to disregard the Ohio Constitution and force the recognition of "homosexual marriages" performed outside of Ohio. He persists in allowing his personal political bias to supersede jurisprudence.’
Black will officially issue his ruling on 14 April and gave the advance notice to give the state time to be ready with an appeal.
His ruling comes in a case that has four married same-sex couples seeking an order that would require the state to place the names of both parents on the birth certificates of their children.
Becker charges that the judge is violating both the state and the federal constitution. This is not his first call for Black’s impeachment.
The lawmaker earlier took issue with the judge’s ruling last fall that the state must recognize the out-of-state marriage of a male couple on a death certificate.
James Obergefell and John Arthur were married in Maryland last year weeks before Arthur died of ALS. Obergefell wanted to be listed on the certificate as Arthur’s spouse.
The current case involves three are lesbian couples who are expecting children to be born in Ohio and a married same-sex couple living in New York City but whose adopted son was born in Ohio.
The Ohio Department of Health, the agency charged with issuing birth certificates in the state, will not issue or amend birth certificates to name both parents.
Black’s ruling is expected to say that Ohio law violates the full faith and credit clause by not honoring a New York adoption decree and allowing both married same-sex parents on a birth certificate.
Becker has introduced a resolution calling on the Ohio House of Representatives to begin impeachment proceedings against Black, according to the Cincinnati Enquirer.