Gay marriage ruling by Supreme Court celebrated in Cleveland, across the nation
Shelly Bailes, left, and her wife, Ellen Pontac, celebrate in Sacramento, California, after hearing the Supreme Court struck down the Defense of Marriage Act and refused to rule on California's Proposition 8. County probate courts in Ohio are preparing for the Supreme Court's decision on a pending gay marriage case.
(Associated Press file photo)
CLEVELAND, Ohio -- Probate courts across Northeast Ohio say they are preparing for the possibility that the U.S. Supreme Court will rule that state bans on same-sex marriages violate the U.S. Constitution.
Should that happen, though, not all counties would immediately be ready to issue licenses to gay couples.
The Supreme Court is expected to to rule on same-sex marriage by next week. Northeast Ohio Media Group inquired about plans being made by probate courts in the counties of Cuyahoga, Geauga, Lake, Lorain, Medina, Portage and Summit. All but Geauga County's probate court responded.
The responses varied. Some courts, such as those in Cuyahoga and Summit counties, said they would be able to immediately issue licenses. Portage County's probate court, on the other hand, said it will need time to analyze the decision and will not issue any marriage licenses until the following day.
Here are the plans for each of the responding counties:
Cuyahoga County
Cuyahoga County's probate court "will be ready, willing and able to promptly issue such licenses in accordance with the law," according to a news release issued June 16. The court also reports that more staffers will be on hand to issue licenses, should there be an influx of same-sex couples that want to marry that day.
The release makes a point to say that "issuance of marriage licenses will not be suspended for any length of time, and every effort will be made to keep delays, if any, to a minimum."
It also says that its software has been changed to reflect that marriage would no longer be just between a man and a woman.
Lake County
Lake County Probate Judge Mark Bartolotta was more cautious. Should gay marriage be legalized, he said he and his staff would likely need some time to analyze the Supreme Court's decision.
Still, he said he thinks the court would be able to accommodate any changes the Supreme Court mandates within a day or two.
"If there is a delay, I don't anticipate there would be a long one," Bartolotta said.
Lorain County
Lorain County Probate Judge James Walther said he and his court staff are prepared. He said he hired another clerk to work this summer and is not allowing staff to take vacations for the remainder of June.
Walther said his office also has made changes to applications and forms to reflect same-sex marriages.
That said, Walther said he and staff would need to read the court's decision before deciding how to proceed.
Citing the incorrect analysis some media outlets reported when the Supreme Court issued an opinion in 2012 that upheld the Affordable Care Act, he said he would want to be sure that the decision is properly interpreted before issuing licenses.
"We don't anticipate we're going to delay one minute past the time we know what the decision says," he said.
Medina County
Should same-sex marriage be legalized, Medina County couples may not be able to immediately receive licenses.
How long they would need to wait, though, remains to be seen.
"When that decision is issued, the court will require some time to review the decision to insure [sic] our procedures are in compliance with the law before we are able to provide licenses to all couples," Kim Cronenwett, paralegal for probate court Judge Kevin Dunn, said in an email. "It is impossible to know how long the Court will need to review the decision, as we don't know how lengthy the decision will be, or how specific."
That said, Cronenwett wrote, staff is working with software providers to potentially change the language of forms, though she again stressed that it's difficult to predict how long that would take without seeing the decision.
Portage County
Portage County's probate court, in an order filed earlier June 9, says it "will need to immediately modify forms, procedures, and accommodations" to allow for same-sex couples to apply and receive marriage licenses. Therefore, should Ohio's gay marriage ban be overturned, it would stop issuing licenses for the remainder of that day.
The order says the court staff will resume issuing licenses the following day. Judge Robert Berger would also make himself available to perform wedding ceremonies on that day, he wrote.
Those who are not able to apply that day will be issued cards so that they can be served first the next day, the judge wrote.
Summit County
Lisa Carano, Summit County's court administrator, said court staff is ready to start issuing same-sex marriage licenses immediately, should the Supreme Court mandate it.
Carano said the court would likely see more people than normal who wish to commemorate the day by getting married.
"We may have extra staff on board to help out," she said.
Carano said court staff has already made the necessary changes on forms and software to accommodate the new couples.
For probate courts, "this is the topic for this year," said Walther, the Lorain County judge who also serves on the board for the state Association of Probate Court Judges.