Courts brace for rush to altar
Ruling on same-sex marriage awaited. Some mayors ready to conduct ceremonies immediately.
Local probate courts are prepared for a rush to the altar if the U.S. Supreme Court overturns Ohio’s ban on samesex marriage, a ruling that could happen this week.
Across southwest Ohio, probate administrators have prepared modifications to marriage license documents, updated computer software and made extra staff or resources available to process applications in the event the court decides gay and lesbian couples have the right to marry.
The Supreme Court’s decision is expected to be issued by the end of the month — even as soon as today — and some legal observers predict the state’s ban will be struck down.
If that happens, some religious and elected officials said they will make time in the
hours, days and weeks after the ruling to wed same-sex couples who have waited years for the moment.
Dayton Mayor Nan Whaley has set aside an hour or two a day this week and next to perform free ceremonies for samesex couples and others who refused to wed until there was marriage equality.
“If the Supreme Court does the right thing, it will be a celebration, and some folks who have been together for decades will likely come forward,” she said.
Mayors in West Carrollton and Miamisburg said they will comply with the law and wed same-sex couples if the Supreme Court decides it is legal in Ohio.
But some pastors oppose gay marriage based on their faith and refuse to wed gay lovers. Other local officials are ambivalent about the issue.
Riverside Mayor Bill Flaute said he has not decided if he would officiate same-sex marriages, because he represents a diverse group of constituents, some of whom oppose changing matrimonial laws.
“Even if they do pass it, that’s something I seriously have to consider,” he said. “I can’t give you a definite yes or no, because I haven’t made up my own mind yet.”
The Supreme Court will rule on a cluster of cases out of Ohio, Kentucky, Michigan and Tennessee that challenge the constitutionality of state bans on gay marriage. Gay marriage is legal in 37 states.
If the court overturns Ohio’s ban, probate officials are ready to start issuing marriage licenses to same-sex couples immediately.
Couples who want to marry in Ohio must visit the probate courts in the counties where they live to obtain a marriage license. They present a valid ID, provide their Social Security numbers, take a legal oath and answer a series of questions.
They pay a fee and fill out a marriage record, and the licenses can be used for 60 days.
But applications, licenses and other documents were written for heterosexual partners. They would need to be revised.
Montgomery County Probate Court has tested and would quickly implement an update to its computer software that removes the labels for groom and bride and replaces them with applicant 1 and applicant 2, said Ginger Heuker, the court administrator.
More generic categories would appear on the marriage licenses as well, which currently say Mr. and Mrs., she said.
The court has received many phone calls from same-sex partners who are eager to wed and want to know more about how to get a license and what they can do to prepare for the court’s decision, said Montgomery County Probate Judge Alice McCollum.
McCollum can perform marriages but normally doesn’t except on special occasions, such as Valentine’s Day and when someone wants to wed right away because of a military deployment.
But McCollum said she may set aside time to preside over the ceremonies of some same-sex couples who have been in longterm committed relationships.
“I don’t have a problem performing same-sex marriages,” she said. “My issue is what I’m doing with my time.”
McCollum said gay and lesbian couples should have no problem finding ministers and officiants in the region to join their hands in matrimony.
The Montgomery County Probate Court expects it will see a surge in visitors if the ban is overturned, and court staff have made arrangements for that scenario.
The court typically operates two workstations where people answer questions and sign documents.
But last week, the court established a third workstation, and employees in the clerk’s office will shift over to handle marriage licenses if the crowds get too big, Heuker said.
Miami County Probate Court is in the process of changing its marriage license forms to be more neutral, and the licenses will no longer say Mr. and Mrs., said J. Andrew Wannemacher, court administrator. “We’re anticipating which way the court will go, and even if it doesn’t go that route, changing those things doesn’t affect what we do on a daily basis,” Wannemacher said.
Miami County Probate Court will keep normal staffing levels because it does not predict a stampede of wedding-seekers.
Miami County issues about 900 licenses every year. Montgomery County issued 3,167 licenses in 2014.
Clark County Probate Court also will be prepared to follow high court’s interpretation, said Judge Richard Carey.
“If there is a delay in this court, it would be that amount of time necessary to discern the written directives of the Supreme Court, as opposed to what might be written or said about the decision,” he said.
Other area probate courts also said they are prepared to comply with new mandates.
Some officiants are setting aside time for samesex weddings.
Mayor Whaley officiates about two or three marriage ceremonies every week. Couples are charged $50.
But Whaley will waive the fee for one week if the court gives the green light to gay marriage.
She said she will make an hour or two available for ceremonies each day through the end of June, and estimates she could fit about four ceremonies into every hour.
“A lot of people have waited a long time for this to happen in Ohio,” she said.
A coalition representing about 20 congregations of many faiths will hold a press conference on whatever day the decision comes out to show support for marriage equality, said Randy Phillips, president of the Greater Dayton LGBT Center.
The center and the city also will host a wedding reception on July 8 for same-sex couples who had to travel outside of the state to be married, Phillips said. The event will feature a wedding cake, catering and other festivities.
The Rev. Dr. Michael Castle at Harmony Creek Church in Kettering said he should be able to wed gay and lesbian couples the day of the ruling. He said many ministers in the region are willing and able to perform the rites for same-sex partners.
“I think there will be a mad dash to the courthouse,” he said.
The Supreme Court will rule on a cluster of cases out of Ohio, Kentucky, Michigan and Tennessee that challenge the constitutionality of state bans on gay marriage. Gay marriage is legal in 37 states.