Clark, Champaign County courts ready for same-sex marriage ruling

Probate courts in Clark and Champaign counties are prepared to issue marriage licenses to same-sex couples if it becomes law following a U.S. Supreme Court ruling expected this month.

A possible outcome of the Supreme Court case, Obergefell v. Hodges, is that Ohio probate courts will be required to issue licenses. A decision is expected to come either today or Monday.

If the Supreme Court rules in favor of same-sex marriage, the Clark County Probate Court will be prepared with the correct paperwork to implement the change, Probate Court Judge Richard Carey said. The probate court has made the appropriate adjustments and arrangements to address either scenario in Clark County, he added.

“Whenever we discern the directive of the United States Supreme Court, we’ll be ready to follow the law of the land, whichever way they direct us to go,” Carey said.

As of Friday, the probate court had issued about 350 marriage licenses this year, Carey said. The court grants about 700 per year.

Carey said he plans to read the decision when it’s issued. If the law is changed, he’s not sure what the response will be in Clark County. He hasn’t made any arrangements for extra staffing.

“I don’t have any information that leads me to have a good grip on what’s going to happen,” Carey said. “We’ll probably proceed like we always do, and if there’s a line, hopefully people will be patient.”

Champaign County is also prepared to issue marriage licenses to same-sex couples if needed, Champaign County Family Court Judge Lori Reisinger said. She served on an informal statewide committee to discuss preparing for any ramifications from the Supreme Court ruling, she said, which may have several different outcomes.

“We’re ready for anything,” Reisinger said.

Last year, the Champaign County Probate Court issued 246 marriages licenses and performed 43 wedding ceremonies. The court will continue to perform weddings, regardless of the decision.

“If the Supreme Court says Ohio has to recognize same-sex marriage and issue same-sex marriage licenses, we’ll handle them as we would any other couple before us,” Reisinger said.

While the Clark County Probate Court issues marriage licenses, it doesn’t perform marriages as a general rule, Carey said.

“We just issue the licenses,” Carey said.

The ruling may affect other court divisions, Reisinger said, including for divorces and dissolutions.

“Depending on the decision, it will have very far-reaching effects,” Reisinger said.

Springfield Mayor Warren Copeland would be open to marrying same-sex couples, he said. He officiates weddings throughout the year as a public service.

“If it were legal for someone to be married, I would not ask any questions,” Copeland said.

Some local churches don’t plan to preside over same-sex weddings, including Grace Evangelical Lutheran Church, Rev. Daniel Powell said.

“I am accountable to a judge whose authority exceeds that of even the United States Supreme Court,” Powell said in an e-mail. “It is God who created marriage and, in doing so, clearly defines marriage as the union between one man and one woman. I will abide by this divine definition, as it guides and guards my ministry.”

About the Author