Funeral director’s allegations that Ohio law prohibited same-sex marriages, that director intended to recognize out-of-state same-sex marriages on death certificates in Ohio, and that he faced prosecution were sufficient to plead injury in fact, as required for standing in § 1983 action alleging prohibition violated Fourteenth Amendment equal protection. Despite the fact that voters may support a given law, rights protected by the United States Constitution can never be subordinated to the vote of the majority.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com