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Timothy S. Black

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Timothy S. Black
United States District Court for the Southern District of Ohio
Tenure
2022 - Present
Years in position
3
Prior offices:
United States District Court for the Southern District of Ohio
Years in office: 2010 - 2022
Predecessor: Sandra Beckwith (Nonpartisan)
Successor: Jeffery P. Hopkins (Nonpartisan)
Education
Bachelor's
Harvard University, 1975
Law
Northern Kentucky University, 1983
Personal
Birthplace
Brookline, MA
Contact


Timothy Seymour Black is a federal judge on senior status with the United States District Court for the Southern District of Ohio. He joined the court in 2010 after a nomination from President Barack Obama (D) and assumed senior status on May 18, 2022.[1]

Early life and education

A native of Brookline, Massachusetts, Black received his bachelor's degree from Harvard University in 1975 and his J.D. from the Salmon P. Chase College of Law at Northern Kentucky University in 1983.[1]

Professional career

Judicial career

Southern District of Ohio

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Timothy S. Black
Court: United States District Court for the Southern District of Ohio
Progress
Confirmed 138 days after nomination.
ApprovedANominated: December 24, 2009
ApprovedAABA Rating: Substantial Majority Well Qualified, Minority Qualified
Questionnaire: Questionnaire
ApprovedAHearing: January 20, 2010
QFRs: QFRs (Hover over QFRs to read more)
ApprovedAReported: February 11, 2010 
ApprovedAConfirmed: May 11, 2010
ApprovedAVote: Voice vote

Black was nominated on December 24, 2009, by President Barack Obama (D) to a seat on the United States District Court for the Southern District of Ohio vacated by Judge Sandra Beckwith. The American Bar Association rated Black Substantial Majority Well Qualified, Minority Qualified for the nomination. Hearings on Black's nomination were held before the Senate Judiciary Committee on January 20, 2010, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on February 11, 2010. Black was confirmed on a voice vote of the U.S. Senate on May 11, 2010, and he received his commission on May 13, 2010. Black assumed senior status on May 18, 2022.[1][2][3]

Noteworthy cases

Ohio ordered to recognize same-sex marriages from other states (2014)

See also: United States District Court for the Southern District of Ohio (Henry v. Himes, 1:14-cv-129)

On April 14, 2014, Judge Black released a ruling that ordered Ohio's officials to recognize legal same-sex marriages performed in other states.[4] However, two days later, Black stayed his own ruling upon the result of the appeal filed in the Sixth Circuit Court of Appeals. As such, the ruling had no immediate ramifications for anyone in the state besides the four married lesbian couples who brought the suit. Black ordered Ohio to provide new birth certificates to the children of the four couples, recognizing that the parents were wed legally.[5][6]

Announcement before ruling on same-sex marriages in Ohio

In a rare announcement, Judge Black gave notice in advance of his April 14, 2014, ruling striking down Ohio's ban on the recognition of same-sex marriages. On April 4, Judge Black said:

Ohio's recognition bans that have been relied upon to deny legal recognition to same-sex (marriages) validly entered in other states...violate the rights secured by the 14th Amendment to the U.S. Constitution.

[7]

Since the ruling prevented Ohio officials from enforcing the ban on same-sex marriages, the early notice of the ruling was intended to allow the state time to ready a possible appeal.[8]

Reaction to the ruling

While groups such as the American Civil Liberties Union praised the announcement, Ohio Representative John Becker renewed his calls for Black's impeachment. Becker sponsored a resolution asking the United States House of Representatives to impeach the judge.[9][10]

Judge Black rules for cross-state recognition of same-sex marriage (2013)

See also: United States District Court for the Southern District of Ohio (OBERGEFELL v. KASICH, 1:13-cv-501)

In July 2013, Judge Black ruled that the marriage of a same-sex couple married in Maryland should be recognized by the state of Ohio on a death certificate. James Obergefell, husband of John Arthur, sought to be listed as the surviving spouse on Arthur's death certificate. At the time of the ruling, Arthur was suffering from Lou Gehrig's disease. Because of the stipulation that only direct descendants and spouses could be buried in the Arthur family plot, without legal recognition on the marriage certificate the two would not be able to be buried next to one another. Judge Black stated that the ruling only applied to the couple who brought suit, saying:

The uncertainty around this issue during Mr. Arthur's final illness is the cause of extreme emotional hardship to the couple. Dying with an incorrect death certificate that prohibits Mr. Arthur from being buried with dignity constitutes irreparable harm.[11] [7]

Same-sex marriages were outlawed in Ohio in 2004 when a ballot measure prohibiting civil unions passed. While proponents for marriage equality saw this as a victory in overturning the 2004 ballot measure, the Attorney General's Office said,

...this is a temporary ruling at a preliminary stage under sad circumstances.[11][7]
The office also stood by the right of Ohioans to determine whether these unions should be legal.[12]

Reaction to ruling

In response to this ruling, Ohio Representative John Becker asked U.S. Representative Brad Wenstrup to initiate impeachment proceedings against Judge Black. In the request, Rep. Becker said:

I am writing you today to express my concerns about the federal government's ever growing propensity to violate state sovereignty. Although this has been a trend since the early 19th century, it has accelerated exponentially in recent decades.[13] [7]

Rep. Wenstrup, who represented Ohio's 2nd congressional district, responded:

While Judge Black’s ruling violated the Ohio Constitution and the will of Ohio voters, the question of whether this decision also violated the U.S. Constitution remains before a higher court. I will watch those appellate proceedings closely to see if Judge Black’s decision is upheld and I have full confidence in the Ohio’s office of the Attorney General during the appeals process.[14] [7]

U.S. Supreme Court holding

In 2015, the U.S. Supreme Court held in Obergefell v. Hodges that the Fourteenth Amendment's equal protection clause required all states to recognize same-sex marriages.

Elections

2002

In 2002, Judge Black ran against Maureen O'Connor for a seat on the Ohio Supreme Court. O'Connor won, shifting the majority on the court from Democratic to Republican.

Candidate IncumbentPartyElection %
Supreme-Court-Elections-badge.png
Maureen O'Connor ApprovedA NoRepublican58.3%
Timothy S. Black NoDemocratic42.7%


2000

In 2000, Black challenged incumbent Justice Deborah Cook for her seat on the Ohio Supreme Court.

Candidate IncumbentSeatPartyPrimary %Election %
Supreme-Court-Elections-badge.png
Deborah Cook ApprovedA YesTerm commencing January 1, 2001Republican100.0%51.9%
Timothy S. Black NoTerm commencing January 1, 2001Democratic54.6%48.1%


See also

External links


Footnotes

  1. 1.0 1.1 1.2 1.3 Federal Judicial Center, "Biography of Judge Timothy Seymour Black," accessed September 19, 2013
  2. United States Congress, "PN 1340 — Timothy S. Black — The Judiciary," accessed May 13, 2017
  3. American Bar Association, "Ratings of Article III judicial nominees, 111th Congress," accessed May 13, 2017
  4. USA Today, "Judge: Ohio must recognize other states' gay marriages," April 14, 2014
  5. The Los Angeles Times, "Ohio judge stays his own ruling on same-sex marriage," April 16, 2014
  6. ABC News, "Judge Stays Most of Ohio Gay Marriage Ruling," April 16, 2014
  7. 7.0 7.1 7.2 7.3 7.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  8. WVXU.org, "Federal Judge says he will declare Ohio's gay marriage ban unconstitutional," April 4, 2014
  9. ACLU, Press Release: "ACLU of Ohio Statement on Federal Judge Timothy Black's Decision to Rule Ohio's Ban on Recognizing Same-Sex Marriage Unconstitutional," April 4, 2014
  10. The Plain Dealer, "Ohio Rep. John Becker repeats call for impeachment of Judge Timothy Black over gay marriage rulings," April 7, 2014
  11. 11.0 11.1 The Washington Post, "Federal judge rules in favor of gay Ohio couple seeking recognition of out-of-state marriage," July 23, 2013
  12. USAToday, "Judge rules for Ohio same-sex couple," July 23, 2013
  13. Cincinnati.com, "Clermont lawmaker: Impeach judge in same-sex marriage case," September 20, 2013
  14. Cincinnati.com, "Clermont lawmaker: Impeach judge in same-sex marriage case," September 20, 2013 Different version than first reference