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Obergefell et al v. Kasich et al

RESPONSE in Opposition re MOTION to Dismiss for Lack of Jurisdiction

23 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,850 times   142 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  2. Clapper v. Amnesty Int'l USA

    568 U.S. 398 (2013)   Cited 3,289 times   169 Legal Analyses
    Holding that, in the absence of some independent existing or impending harm, plaintiffs "cannot manufacture standing merely by inflicting harm on themselves"

  3. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 12,129 times   15 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  4. Whitmore v. Arkansas

    495 U.S. 149 (1990)   Cited 2,926 times   16 Legal Analyses
    Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"

  5. Singleton v. Wulff

    428 U.S. 106 (1976)   Cited 2,736 times   2 Legal Analyses
    Holding that federal appellate courts may raise issues sua sponte where "injustice might otherwise result"

  6. Steffel v. Thompson

    415 U.S. 452 (1974)   Cited 2,481 times   1 Legal Analyses
    Holding that Younger abstention is inappropriate when no state-court proceeding "is pending at the time the federal complaint is filed," because in that circumstance "federal intervention does not result in duplicative legal proceedings or disruption of the state criminal justice system"; it cannot "be interpreted as reflecting negatively upon state court's ability to enforce constitutional principles"; and the absence of a pending state-court proceeding deprives "the federal plaintiff [of] a concrete opportunity to vindicate his constitutional rights"

  7. Babbitt v. Farm Workers

    442 U.S. 289 (1979)   Cited 1,926 times
    Holding a case justiciable even though the plaintiffs disavowed any intent to "propagate untruths"

  8. Kowalski v. Tesmer

    543 U.S. 125 (2004)   Cited 730 times   2 Legal Analyses
    Holding that attorneys lacked third party standing to assert the rights of future, as yet unascertained clients with whom “they ha[d] no relationship at all”

  9. Craig v. Boren

    429 U.S. 190 (1976)   Cited 1,573 times   1 Legal Analyses
    Holding that sex-based classifications are subject to intermediate scrutiny under the Fourteenth Amendment's Equal Protection Clause, including because Reed v. Reed , 404 U.S. 71, 92 S.Ct. 251, 30 L.Ed.2d 225, and other equal protection cases and social changes had overtaken any "inconsistent" suggestion in Goesaert v. Cleary , 335 U.S. 464, 69 S.Ct. 198, 93 L.Ed. 163

  10. Caplin Drysdale, Chartered v. United States

    491 U.S. 617 (1989)   Cited 931 times   12 Legal Analyses
    Holding the requirements for third-party standing satisfied even when there was no hindrance preventing individuals from bringing their own constitutional claims

  11. Section 3101.01 - Persons who may be joined in marriage - minor to obtain consent

    Ohio Rev. Code § 3101.01   Cited 47 times
    Providing that "[m]ale persons of the age of eighteen years, and female persons of the age of sixteen years, not nearer of kin than second cousins, and not having a husband or wife living, may be joined in marriage"

  12. Section 3705.16 - Statement of facts in certificates - death certificate

    Ohio Rev. Code § 3705.16   Cited 6 times

    (A) For purposes of this section notwithstanding section 3705.01 of the Revised Code, "fetal death" does not include death of the product of human conception prior to twenty weeks of gestation. (B) Each death or fetal death that occurs in this state shall be registered with the local registrar of vital statistics of the district in which the death or fetal death occurred, by the funeral director or other person in charge of the final disposition of the remains. The personal and statistical information

  13. Section 3705.29 - Prohibited acts

    Ohio Rev. Code § 3705.29   Cited 1 times

    (A) No person shall do any of the following: (1) Purposely make any false statement in a certificate, record, or report required by this chapter or in an application or amendment of it, or purposely supply false information with the intent that that information be used in the preparation of any such report, record, or certificate, or amendment of it; (2) Without lawful authority and with intent to deceive, counterfeit, alter, amend, or mutilate any certificate, record, or report required by this

  14. Section 3701.57 - Prosecutions and proceedings - injunctive or other relief

    Ohio Rev. Code § 3701.57

    All prosecutions and proceedings by the department of health for the violation of sections 3701.01 to 3701.56, 3705.01 to 3705.29, 3707.06, 3709.01 to 3709.04, 3709.07 to 3709.11, 3709.13, 3709.17, 3709.18, and 3709.21 to 3709.36 of the Revised Code, or for the violation of any of the orders or rules of the department, shall be instituted by the director of health. Except as provided in division (C) of section 3701.571 of the Revised Code, all fines or judgments the department collects shall be paid