Monumental stakes for plaintiffs in gay marriage cases - Tucson News Now

Monumental stakes for plaintiffs in gay marriage cases

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Kelly McCracken and Pam Yorksmith. (FOX19) Kelly McCracken and Pam Yorksmith. (FOX19)
CINCINNATI, OH (FOX19) -

For the plaintiffs in Kentucky and Ohio, the decision that comes from Wednesday's hearing could have monumental consequences for their families. While most of them are legally married in other states, they want The Commonwealth and Ohio to recognize those unions too.

After a federal judge ruled in their favor last April, Ohio plaintiff couples now have both of their names as mothers on their children's birth certificates. Now they say a ruling against them in appeals court could take that away.

[Related: Judges weigh 4 states' same-sex marriage cases]

"Not being her birth mother, I would have had to get a folder full of paperwork to prove that I am her mother for school, for a hospital visit, for anything," said Kelly McCracken.

"Nowhere is it notated that I am the legal parent and so we realized that there is a whole lot of gray area where we are concerned," said Pam Yorksmith.

In one of two Kentucky cases, Tim love and Larry Ysunza are fighting the state's same-sex marriage ban. Because one judge has already ruled in their favor, they say this appeal is only delaying the inevitable.

"This is all about love.  Larry and I have been together for 34 years and we love each other more and we just want to be here for one another, care for one another and make decisions for one another," said Love.

While both states continue to argue the legality of their unions, these couples say they are only asking for equality.

"We see ourselves as a family just as any other family that lives on our street, in our city in our state in our country and we want, we deserve and we expect the same protections under the law," said Yorksmith.

Although a lower court has ruled in favor of the plaintiffs in both Kentucky and Ohio cases, the court "stayed" those decisions meaning they won't go into effect until the conclusion of the appeal process.

If these judges also rule in their favor, it is possible the decision could be appealed again to the Supreme Court.

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