(Updated Dec. 24, 2013) On Dec. 23, a federal judge ruled that death certificates in Ohio must reflect the marital status of the deceased, even though the marriage was same-sex and performed out of state. Ohio Attorney General Mike DeWine (R) says he will appeal the decision to the US Court of Appeals for the Sixth Circuit. The case involves two gay couples married out of state, in which one of the spouses had died. By being listed as a widow or widower, the surviving spouse has a stronger claim to death benefits.
The ruling was narrow, but could pave the way for more legal challenges to Ohio's ban on gay marriage. In 2004, Ohio voters approved a constitutional ban on gay marriage with 62 percent of the vote. In April 2013, a survey by the Quinnipiac University Polling Institute found that 48 percent of Ohioans supported gay marriage, versus 44 percent who opposed it. In March 2013, a Saperstein Poll conducted for The Columbus Dispatch found that 54 percent backed a state constitutional amendment allowing gay marriage.
On Dec. 19, the group FreedomOhio announced it had gathered enough signatures to put on the ballot in November 2014 a measure to repeal Ohio's constitutional ban on same-sex marriage.