BUCYRUS, Ohio — After a three-day delay, Crawford County Courthouse is now issuing same-sex marriage licenses. They made the decision to move forward with Friday’s ruling on Monday, June 29.
On Friday, June 26, the U.S. Supreme Court legalized same-sex unions in all 50 states. Crawford County Courthouse, however, did not issue same-sex marriage licenses right away.
“There was no process to it. It was a simple matter of following the law. The supreme court has made their decision based upon the U.S. Constitution. Ohio [law] was not in compliance with that decision,” said Probate Judge Steven D. Eckstein.
Friday’s ruling enacted federal law that superseded Ohio’s prior law, which was voted on by Ohio citizens in 2004 and prohibited same-sex unions.
Eckstein said the state’s probate judges received a memorandum Friday afternoon from the Ohio Association of Probate Judges that suggested judges make their own conclusions until further assistance. The wording from the memorandum resulted in Eckstein’s delay in issuing same-sex marriage licenses.
“I would prefer to get a confirmation from the supreme court as to that gender confirmation,” said Eckstein. But, he added, “I have an obligation to follow the law even when there may be a lot of things that I may not necessarily see the wisdom in. That’s not my point to … I’m not the policymaker. The ultimate interpreter of that legislation is the Supreme Court.”
According to Probate Clerk Kathlyn McCarthy the courthouse has received three calls from the public since Friday’s ruling. The individuals, two couples and one local pastor, asked if a same-sex marriage license could be obtained.
The marriage licenses, for the time being, have the “r” whited out in “Mr.” said Eckstein. Original marriage licenses in Crawford County Courthouse referred to applicants as “Mr.” and “M.” Eckstein said to change the current marriage licenses to read “Applicant” would be too costly right now, but he affirmed that making that change is in the courthouse’s future.
He said the U.S. Supreme Court’s ruling on eliminating gender references in family code will have unintended consequences.
“I would have to assume that there will eventually be a legislation clean-up but I don’t see that there’s some big hurry or rush to do a legislative clean-up. The statutes would have to be changed to eliminate gender reference,” Eckstein said.
He said going through all of Ohio Revised Code (ORC) that references gender would need to be changed.
Eckstein has not performed any same-sex marriage ceremonies because he said it would be a conflict of interest for him.
“I prefer they would seek performance of a marriage ceremony from another individual,” he said. Common Pleas Judge Sean E. Leuthold can perform marriage ceremonies in the Crawford County Courthouse.
