On Monday, November 4, 2024, Joshua Deter Cook filed a petition for writ of mandamus in the Supreme Court of Ohio against Perry County Court of Common Pleas Judge Tina Boyer. In his petition, Cook seeks a court order compelling Judge Boyer to address a legal issue regarding the validity of his same-sex marriage to Isaac Tyler Cook, which took place on January 23, 2019.
Cook’s petition asserts that Ohio law prohibits the recognition of same-sex marriages, claiming that such marriages are considered “void ab initio,” meaning they are deemed invalid from the outset. He argues that the refusal of the court to declare his marriage null violates his legal rights. The petition cites Ohio Revised Code Section 3101.01, which states that only marriages between a man and a woman are legally recognized in the state.
In the petition, Cook details that he previously brought this matter to Judge Boyer’s attention, but she responded that the court lacked jurisdiction to issue a declaration of nullity for his marriage. Cook contends that there are no adequate legal remedies available to him, as traditional avenues such as appeals or post-conviction petitions do not apply to his situation. He emphasizes that without the writ of mandamus, he has no means to seek relief for what he describes as a clear legal right.
The legal principle of mandamus, as outlined in Cook’s filing, requires that the petitioner demonstrate a clear legal right to the requested relief, a corresponding legal duty on the part of the respondent, and a lack of adequate remedy in the ordinary course of law. Cook claims that all three elements are satisfied in his case.
Cook’s petition requests that the Supreme Court of Ohio issue a writ of mandamus directing Judge Boyer to formally declare his marriage void. He states that if the court declines this initial request, he seeks an alternative writ to compel the judge’s action.
The document also includes an affidavit from Cook, affirming the truthfulness of his claims and detailing the absence of other civil actions he has filed in the past five years. Cook’s legal argument hinges on the assertion that the state’s current laws regarding same-sex marriage are unconstitutional and infringe upon his rights.
In support of his petition, Cook references previous legal precedents, including the case of State ex rel. Olmstead v. Forsthoefel, which outlines the criteria necessary for a writ of mandamus to be granted. He argues that the lack of a valid remedy for his situation further solidifies his claim for the writ.
A copy of the original filing can be found here.
