Case: Ray v. Ohio Department of Health

2:18-cv-00272 | U.S. District Court for the Southern District of Ohio

Filed Date: March 29, 2018

Case Ongoing

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Case Summary

On March 29, 2018, four transgender people seeking to correct their Ohio birth certificates to accurately reflect their gender identity filed this lawsuit in the U.S. District Court for the Southern District of Ohio (in Columbus). The plaintiffs sued the Director of the Ohio Department of Health under 42 U.S.C. § 1983. Represented by the ACLU and Lambda Legal, the plaintiffs sought declaratory and injunctive relief as well as attorneys’ fees and costs. The case was assigned to Judge Michael H. …

The plaintiffs wished to change their birth certificates to avoid discrimination, privacy invasions, harassment, humiliation, stigma, harm to their health, and violence. They claimed that, in barring transgender people from obtaining accurate birth certificates matching their gender identity, the Department of Health had violated federal constitutional guarantees, including the rights to equal protection, due process, and freedom from compelled speech. On April 5, 2018, the court granted a request by the plaintiffs to proceed pseudonymously and a protective order to be referred to pseudonymously in court documents. (2018 WL 8804858).

On July 6, 2018, the state filed a motion to dismiss due to failure to state a claim, arguing that the plaintiffs did not state a true violation of the U.S. Constitution. Specifically, Ohio argued that birth certificates purely express sex and not gender identity under Ohio statutes; that the plaintiffs failed to properly state a claim of due process violation; and that preventing birth certificate changes served state interests.

On July 21, 2018, Ohio filed a motion to stay discovery until their motion to dismiss had been resolved. The state argued that the plaintiffs were already serving overly broad discovery requests at the expense of taxpayer money for a case that was primarily legal in nature, despite the fact that a successful motion to dismiss would resolve most actions in this case. The state argued that in the interests of saving resources, a stay of discovery should be ordered until a decision on their motion had been finalized.

On October 10, 2018, the district court denied the state's motion to stay discovery, citing that a “garden-variety” motion to dismiss, was not sufficient grounds to stay discovery. (2018 WL 4907080). Nearly a year later, on September 12, 2019, the judge denied the motion to dismiss. Specifically, the judge found that Ohio statutes were not clear on whether a transgender individual could obtain a birth certificate change, violations of due process were properly alleged, and that the argument that preventing birth certificate changes served a state interest lacked merit. (2019 WL 11791719)

Both sides moved for summary judgment on January 16, 2020. On December 16, 2020, Judge Watson granted the plaintiffs' motion for summary judgment and denied the government's; Judge Watson based this on a logical disconnect between Ohio’s stated reasons for denying the documentation (historical accuracy and preventing fraud) and the fact that the state had, as recently as 2016, allowed transgender people to change the sex marker on state documents. (507 F.Supp.3d 925)

On February 1, 2021, the plaintiffs filed a motion for attorney fees. On March 26, the court stayed this motion pending a joint status report detailing the discussions between the parties on the attorney fees motion and the government's compliance with the December 16 order.

On June 23, 2021, Judge Watson signed a consent judgment which stipulated that the government would issue correct documents to the plaintiffs reflecting their gender identity, would seal the incorrect documents in a vault away from the public, and that the decision in this case would affect only the parties to the case and not other transgender people seeking similar relief in Ohio.

On August 23, 2021, the court signed a consent judgment pertaining to the issue of attorney's fees, as the two parties had agreed for the defendants to pay $380,000 in fees to the plaintiffs. The court also stated that it would retain jurisdiction over any issues regarding the substantive consent judgment.

Summary Authors

Jake Parker (6/11/2018)

Carter Powers Beggs (10/31/2019)

John Duffield (7/21/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6853216/parties/ray-v-director-ohio-department-of-health/

Judge(s)

Attorney for Plaintiff

Arkles, Gabriel (New York)

Becker, Susan Jane (Ohio)

Bonham, Elizabeth (Ohio)

Attorney for Defendant

Appel, Henry G (Ohio)

Blake, Jason J. (Ohio)

Judge(s)

Vascura, Chelsey M. (Ohio)

Watson, Michael H. (Ohio)

Attorney for Plaintiff

Arkles, Gabriel (New York)

Becker, Susan Jane (Ohio)

Bonham, Elizabeth (Ohio)

Carey, David J. (Ohio)

Ingelhart, Kara N. (Illinois)

Knight, John A. (Illinois)

Levenson, Freda J. (Ohio)

Picasso, Malita (New York)

Renn, Peter C. (California)

Roach, Jennifer S. (Ohio)

Attorney for Defendant

Appel, Henry G (Ohio)

Blake, Jason J. (Ohio)

Inglehart, Kara (Illinois)

Lucas, Albert J. (Ohio)

Moses, Kimberly (Ohio)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:18-cv-00272	Civil Docket for Case #: 2:18-cv-00272-MHW-CMV Ray v. Director, Ohio Department of Health	July 20, 2021	July 20, 2021 Docket
1 2:18-cv-00272	Complaint Ray v. Director, Ohio Department of Health	March 29, 2018	March 29, 2018 Complaint
9 2:18-cv-00272	Order Ray v. Director, Department of Health	April 5, 2018	April 5, 2018 Order/Opinion 2018 WL 8804858
31 2:18-cv-00272	Opinion and Order Ray v. Director, Ohio Department of Health	Oct. 10, 2018	Oct. 10, 2018 Order/Opinion 2018 WL 4907080
47 2:18-cv-00272	Opinion and Order Ray v. Director, Ohio Department of Health	Sept. 12, 2019	Sept. 12, 2019 Order/Opinion 2019 WL 11791719
80 2:18-cv-00272	Opinion and Order Ray v. McCloud	Dec. 16, 2020	Dec. 16, 2020 Order/Opinion 507 F.Supp.3d 925
96 2:18-cv-00272	Consent Judgment Ray v. McCloud	June 23, 2021	June 23, 2021 Order/Opinion
102 2:18-cv-00272	Consent Judgment Ray v. McCloud	Aug. 23, 2021	Aug. 23, 2021 Order/Opinion

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Ray et al. v. Himes et al. ACLU Ohio	Ohio, Tennessee, and Puerto Rico are the only U.S. jurisdictions that do not allow transgender people to correct the gender marker on their birth certificates. A birth certificate is an identity docu…	March 29, 2018	March 29, 2018 https://www.acluohio.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6853216/ray-v-director-ohio-department-of-health/

Last updated April 9, 2025, 3:28 p.m.

ECF Number	Date	Description	Link
1	March 29, 2018	COMPLAINT against Lance Himes, Judith Nagy, Karen Sorrell ( Filing fee $ 400 paid - receipt number: 0648-6379163), filed by Stacie Ray, Ashley Breda, Jane Doe, Basil Argento. (Levenson, Freda) (Entered: 03/29/2018)	Clearinghouse
2	March 29, 2018	MOTION for Protective Order and Leave to Proceed Anonymously by Plaintiff Jane Doe. (Attachments: # 1 Proposed Order) (Levenson, Freda) (Entered: 03/29/2018) 1 Proposed Order View on PACER	RECAP
3	March 29, 2018	NOTICE by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray re 1 Complaint Civil Cover Sheet (Attachments: # 1 Civil Cover Sheet Attachment) (Levenson, Freda) (Entered: 03/29/2018) 1 Civil Cover Sheet Attachment View on PACER	RECAP
4	March 29, 2018	MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6379346) of Gabriel Arkles, by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Attachments: # 1 Exhibit Certificate of Good Standing) (Levenson, Freda) Modified text on 3/29/2018 (daf). Modified text on 3/30/2018 (ew). (Entered: 03/29/2018) 1 Exhibit Certificate of Good Standing View on RECAP	RECAP
5	March 29, 2018	MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6379365) of Kara N. Ingelhart by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Attachments: # 1 Exhibit) (Levenson, Freda) Modified text on 3/30/2018 (ew). (Entered: 03/29/2018) 1 Exhibit View on PACER	RECAP
6	March 29, 2018	MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 268N9NBJ) of John Knight by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Attachments: # 1 Exhibit) (Levenson, Freda) Modified text on 3/30/2018 (ew). (Entered: 03/29/2018) 1 Exhibit View on PACER	RECAP
7	March 29, 2018	MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6379402) of Peter C. Renn by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Attachments: # 1 Exhibit) (Levenson, Freda) Modified text on 3/30/2018 (ew). (Entered: 03/29/2018) 1 Exhibit View on PACER	RECAP
8	March 30, 2018	NOTAION ORDER granting 4, 5, 6, and 7 Motions for Leave to Appear Pro Hac Vice of Gabriel Arkles, Kara N. Ingelhart, John Knight, and Peter C. Renn, conditional upon Counsel registering for electronic filing or seeking leave to be excused from doing so within fourteen (14) days. By Magistrate Judge Chelsey M. Vascura on 3/30/2018. (agm) (Entered: 03/30/2018)	RECAP
	April 5, 2018	Sealed Access was granted by the Court to permit counsel to file documents containing the full name of Plaintiff Jane Doe under seal pursuant to 9 . (ew) (Entered: 04/06/2018)	PACER
	April 5, 2018	The Clerk's Office has provided sealed access to counsel to file documents containing the full name of Plaintiff Jane Doe under seal pursuant to 9 . (ew) (Entered: 04/06/2018)	PACER
9	April 5, 2018	ORDER granting Plaintiff's 2 Motion for Protective Order and Leave to Proceed Anonymously. Signed by Magistrate Judge Chelsey M. Vascura on 4/5/2018. (kpt) (Entered: 04/05/2018)	Clearinghouse
	April 5, 2018	File Document Under Seal
	April 5, 2018	Sealed Access was granted by the Court to permit counsel to file documents containing the full name of Plaintiff Jane Doe under seal pursuant to 9 . (ew)
	April 5, 2018	Order on Motion to File Document Under Seal
	April 5, 2018	The Clerk's Office has provided sealed access to counsel to file documents containing the full name of Plaintiff Jane Doe under seal pursuant to 9 . (ew)
10	April 6, 2018	NOTICE of Appearance by Henry G. Appel for Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics (Appel, Henry) (Entered: 04/06/2018)	RECAP
11	April 10, 2018	WAIVER OF SERVICE Returned Executed. Waiver sent to all defendants on 3/29/2018. Answers due 05/29/2018. (Appel, Henry) Modified text on 4/10/2018 (ew). (Entered: 04/10/2018)	RECAP
12	May 22, 2018	NOTICE by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics Stipulated Extension of Time to Move or Plead (Appel, Henry) (Entered: 05/22/2018)	RECAP
	May 23, 2018	Set/Reset Deadlines: Chief, Office of Vital Statistics answer due 6/19/2018; Director, Ohio Department of Health answer due 6/19/2018; State Registrar, Office of Vital Statistics answer due 6/19/2018. (er) (Entered: 05/23/2018)	PACER
	May 23, 2018	Set/Reset Deadlines: Chief, Office of Vital Statistics answer due 6/19/2018; Director, Ohio Department of Health answer due 6/19/2018; State Registrar, Office of Vital Statistics answer due 6/19/2018. (er)
	May 23, 2018	Set/Reset Deadlines
13	June 14, 2018	NOTICE of Hearing: Preliminary Pretrial Conference set for 7/16/2018 at 1:30 PM before Magistrate Judge Chelsey M. Vascura. (agm) (Entered: 06/14/2018)	RECAP
14	June 15, 2018	NOTICE by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics Notice of Withdrawal and Substitution of Counsel (Lucas, Albert) (Entered: 06/15/2018)	RECAP
15	June 15, 2018	Unopposed MOTION for Extension of Time New date requested 7/6/2018. by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Attachments: # 1 Exhibit A) (Lucas, Albert) (Entered: 06/15/2018) 1 Exhibit A View on PACER	RECAP
	June 18, 2018	Set/Reset Answer Deadlines as to All Defendants. (daf) (Entered: 06/18/2018)	PACER
16	June 18, 2018	ORDER granting 15 Motion for Extension of Time. Defendants shall have until July 6, 2018, to move or otherwise plead in this matter. Signed by Magistrate Judge Chelsey M. Vascura on 6/18/2018. (daf) (Entered: 06/18/2018)	RECAP
	June 18, 2018	Set/Reset Deadlines
	June 18, 2018	Set/Reset Answer Deadlines as to All Defendants. (daf)
17	June 27, 2018	RE-NOTICE of Hearing: Preliminary Pretrial Conference reset for 7/18/2018 03:00 PM before Magistrate Judge Chelsey M. Vascura. (agm) (Entered: 06/27/2018)	RECAP
18	July 6, 2018	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Attachments: # 1 Exhibit 1: Ohio Vital Statistics Birth Occurrence File, # 2 Exhibit 2: Certification of Birth Abstract) (Blake, Jason) (Entered: 07/06/2018) 1 Exhibit 1: Ohio Vital Statistics Birth Occurrence File View on PACER 2 Exhibit 2: Certification of Birth Abstract View on PACER	RECAP
19	July 9, 2018	RULE 26(f) REPORT by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Levenson, Freda) (Entered: 07/09/2018)	RECAP
	July 18, 2018	Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Initial Pretrial Conference held on 7/18/2018. (agm) (Entered: 07/19/2018)	PACER
	July 18, 2018	Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Initial Pretrial Conference held on 7/18/2018. (agm)
	July 18, 2018	Pretrial Conference - Initial
20	July 19, 2018	PRELIMINARY PRETRIAL ORDER: This case is referred to the March 2019 SETTLEMENT WEEK. Joinder of Parties due by 8/20/2018. Motions to Amend due by 8/20/2018. Rule 26(a)(1) Disclosures due by 8/20/2018. Primary Expert due by 4/1/2019. Rebuttal Expert due by 5/1/2019. Discovery due by 6/1/2019. Dispositive motions due by 7/15/2019. Settlement Week due by 3/1/2019. Signed by Magistrate Judge Chelsey M. Vascura on 7/19/2018. (daf) (Entered: 07/19/2018)	RECAP
21	July 20, 2018	MOTION to Stay Discovery by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Blake, Jason) (Entered: 07/20/2018)	RECAP
22	July 20, 2018	Emergency MOTION to Stay in Interim by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Attachments: # 1 Text of Proposed Order Proposed Order) (Blake, Jason) (Entered: 07/20/2018) 1 Text of Proposed Order Proposed Order View on PACER	RECAP
23	July 27, 2018	RESPONSE in Opposition re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Levenson, Freda) (Entered: 07/27/2018)	RECAP
24	July 27, 2018	RESPONSE in Opposition re 22 Emergency MOTION to Stay in Interim filed by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Levenson, Freda) (Entered: 07/27/2018)	RECAP
25	Aug. 1, 2018	REPLY to Response to Motion re 22 Emergency MOTION to Stay in Interim filed by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Blake, Jason) (Entered: 08/01/2018)	RECAP
26	Aug. 2, 2018	ORDER granting 22 Motion to Stay. Discovery in this case, including the initial disclosure deadlines set forth in the Court's Preliminary Pretrial Order, is stayed pending resolution of Defendants' Motion to Stay Discovery. Signed by Magistrate Judge Chelsey M. Vascura on 8/2/2018. (daf) (Entered: 08/02/2018)	RECAP
27	Aug. 10, 2018	RESPONSE in Opposition re 21 MOTION to Stay Discovery filed by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Levenson, Freda) (Entered: 08/10/2018)	RECAP
28	Aug. 10, 2018	REPLY to Response to Motion re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Attachments: # 1 Exhibit) (Blake, Jason) (Entered: 08/10/2018) 1 Exhibit View on PACER	RECAP
29	Aug. 16, 2018	NOTICE of Substitution of Counsel - Jennifer S Roach substituting for David J. Carey as to Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Roach, Jennifer) (Entered: 08/16/2018)	RECAP
	Aug. 24, 2018	This entry was created by the Clerk's office for case management purposes to use the correct filing event, Reply to Response to Motion, for ECF 30 . (ew) (Entered: 08/27/2018)	PACER
30	Aug. 24, 2018	REPLY to Response to 21 Motion to Stay Discovery filed by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Blake, Jason) Modified text on 8/27/2018 (ew). (Entered: 08/24/2018)	RECAP
	Aug. 24, 2018	Reply to Response to Motion
	Aug. 24, 2018	This entry was created by the Clerk's office for case management purposes to use the correct filing event, Reply to Response to Motion, for ECF 30 . (ew)
31	Oct. 10, 2018	OPINION AND ORDER denying 21 Motion to Stay. Signed by Magistrate Judge Chelsey M. Vascura on 10/10/2018. (daf) (Entered: 10/10/2018)	Clearinghouse
32	Oct. 11, 2018	NOTICE of Appearance by David J. Carey for Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray (Carey, David) (Entered: 10/11/2018)	RECAP
33	Oct. 15, 2018	CERTIFICATE OF SERVICE by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray re 32 Notice of Appearance (Carey, David) (Entered: 10/15/2018)	RECAP
34	Dec. 6, 2018	STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Chelsey M. Vascura on 12/6/18. (sem) (Entered: 12/06/2018)	RECAP
35	Feb. 25, 2019	ORDER - Counsel to confer as soon as practicable and inform the Court via email by 3/1/2019 if this case should NOT be set for March 2019 Settlement Week. Signed by Magistrate Judge Chelsey M. Vascura on 2/25/2019. (agm) (Entered: 02/25/2019)	RECAP
36	Feb. 27, 2019	NOTICE by Defendant State Registrar, Office of Vital Statistics Notice of Withdrawal (Moses, Kimberly) (Entered: 02/27/2019)	RECAP
	March 26, 2019	Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Telephone Conference held on 3/26/2019. (agm) (Entered: 03/26/2019)	PACER
38	March 26, 2019	NOTATION ORDER EXTENDING CASE SCHEDULE - Primary Expert due by 7/1/2019. Rebuttal Expert due by 7/30/2019. Discovery due by 8/30/2019. Dispositive motions due by 10/14/2019. by Magistrate Judge Chelsey M. Vascura on 3/26/2019. (agm) (Entered: 03/26/2019)	RECAP
	March 26, 2019	Telephone Conference
	March 26, 2019	Order
	March 26, 2019	Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Telephone Conference held on 3/26/2019. (agm)
39	July 1, 2019	Unopposed MOTION to Substitute Party Director, Ohio Department of Health by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Bonham, Elizabeth) (Entered: 07/01/2019)	RECAP
40	July 1, 2019	NOTICE by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray of Supplemental Information (Attachments: # 1 Exhibit Ex. A to Notice) (Bonham, Elizabeth) (Entered: 07/01/2019) 1 Exhibit Ex. A to Notice View on PACER	RECAP
41	July 2, 2019	NOTATION ORDER granting 39 Motion to Substitute Party. Amy Acton added. By Magistrate Judge Chelsey M. Vascura on 7/2/2019. (agm) (Entered: 07/02/2019)	RECAP
42	July 2, 2019	Response re 40 Notice (Other) by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Blake, Jason) (Entered: 07/02/2019)	RECAP
	July 2, 2019	Order on Motion to Substitute Party
	July 26, 2019	Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Telephone Conference held on 7/26/2019. (agm) (Entered: 07/26/2019)	PACER
44	July 26, 2019	ORDER memorializing the telephonic discovery conference held on July 26,2019. Signed by Magistrate Judge Chelsey M. Vascura on 7/26/2019. (daf) (Entered: 07/26/2019)	RECAP
	July 26, 2019	Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Telephone Conference held on 7/26/2019. (agm)
	July 26, 2019	Telephone Conference
45	Aug. 14, 2019	Joint MOTION for Extension of Time to Complete Discovery New date requested 10/29/2019. by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Bonham, Elizabeth) (Entered: 08/14/2019)	RECAP
	Aug. 15, 2019	Set/Reset Columbus PPTO Deadlines: Discovery due by 10/29/2019. Dispositive motions due by 1/10/2020. (agm) (Entered: 08/15/2019)	PACER
46	Aug. 15, 2019	NOTATION ORDER granting 45 Motion for Extension of Time. By Magistrate Judge Chelsey M. Vascura on 8/15/2019. (agm) (Entered: 08/15/2019)	RECAP
	Aug. 15, 2019	Order on Motion for Extension of Time to Complete Discovery
	Aug. 15, 2019	Set/Reset Columbus PPTO Deadlines
	Aug. 15, 2019	Set/Reset Columbus PPTO Deadlines: Discovery due by 10/29/2019. Dispositive motions due by 1/10/2020. (agm)
47	Sept. 12, 2019	OPINION and ORDER denying 18 Defendants' Motion to Dismiss for Failure to State a Claim. Signed by Judge Michael H. Watson on 9/12/19. (jk) (Entered: 09/12/2019)	Clearinghouse
48	Sept. 26, 2019	ANSWER to 1 Complaint with Jury Demand filed by All Defendants. (Blake, Jason) (Entered: 09/26/2019)	RECAP
49	Nov. 12, 2019	Joint MOTION Set Briefing Schedule by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Attachments: # 1 Text of Proposed Order) (Bonham, Elizabeth) (Entered: 11/12/2019) 1 Text of Proposed Order View on PACER	RECAP
50	Nov. 13, 2019	ORDER granting 49 Motion to Set Briefing Schedule. Signed by Magistrate Judge Chelsey M. Vascura on 11/13/2019. (daf) (Entered: 11/13/2019)	RECAP
	Nov. 13, 2019	Set/Reset Columbus PPTO Deadlines
	Nov. 13, 2019	Reset deadlines pursuant to 50 : Cross Motions for Summary Judgment due by 1/16/2020. Responses due by 1/13/2020. Replies due by 2/27/2020. (ew)
	Nov. 14, 2019	Set/Reset Columbus PPTO Deadlines
	Nov. 15, 2019	Set/Reset Columbus PPTO Deadlines
	Nov. 15, 2019	Set/Reset Modified Deadlines: Re: cross motions for summary judgment - Responses due by 2/13/2020 Replies due by 2/27/2020. (jlk)
51	Jan. 7, 2020	Joint MOTION to File Document Under Seal and to File Single Copies of Deposition Transcripts by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Attachments: # 1 Text of Proposed Order Granting Leave to File under Seal) (Bonham, Elizabeth) (Entered: 01/07/2020) 1 Text of Proposed Order Granting Leave to File under Seal View on PACER	RECAP
52	Jan. 8, 2020	Unopposed MOTION Leave to Exceed Page Limitations by Defendants Amy Acton, Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Attachments: # 1 Text of Proposed Order) (Blake, Jason) (Entered: 01/08/2020) 1 Text of Proposed Order View on PACER	RECAP
53	Jan. 9, 2020	ORDER granting in part and denying in part 51 Motion to File Document Under Seal and to File Single Copies of Deposition Transcripts. Signed by Magistrate Judge Chelsey M. Vascura on 1/9/2020. (daf) (Entered: 01/09/2020)	RECAP
54	Jan. 9, 2020	Unopposed MOTION to Seal by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Attachments: # 1 Text of Proposed Order) (Bonham, Elizabeth) Modified event on 1/10/2020 (ew). (Entered: 01/09/2020) 1 Text of Proposed Order View on PACER	RECAP
55	Jan. 10, 2020	DEPOSITION of Judith Nagy taken on August 2, 2019 by Defendants Amy Acton, Chief, Office of Vital Statistics, State Registrar, Office of Vital Statistics. (Blake, Jason) (Entered: 01/10/2020)	RECAP
56	Jan. 10, 2020	DEPOSITION of Randi Ettner, Ph.D. taken on September 18, 2019 by Defendants Amy Acton, Chief, Office of Vital Statistics, State Registrar, Office of Vital Statistics. (Blake, Jason) (Entered: 01/10/2020)	RECAP
57	Jan. 10, 2020	DEPOSITION of Quentin Van Meter, M.D. taken on September 27, 2019 by Defendants Amy Acton, Chief, Office of Vital Statistics, State Registrar, Office of Vital Statistics. (Blake, Jason) (Entered: 01/10/2020)	RECAP
58	Jan. 10, 2020	DEPOSITION of Ryan Gorton, M.D. taken on October 8, 2019 by Defendants Amy Acton, Chief, Office of Vital Statistics, State Registrar, Office of Vital Statistics. (Blake, Jason) (Entered: 01/10/2020)	RECAP
59	Jan. 10, 2020	ORDER granting 54 Motion to File Document Under Seal. Signed by Magistrate Judge Chelsey M. Vascura on 1/10/2020. (daf) (Entered: 01/10/2020)	RECAP
64	Jan. 14, 2020	DEPOSITION of Basil Argento taken on August 29, 2019 by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Bonham, Elizabeth) (Entered: 01/14/2020)	RECAP
65	Jan. 14, 2020	DEPOSITION of Ashley Breda taken on August 21, 2019 by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Bonham, Elizabeth) (Entered: 01/14/2020)	RECAP
66	Jan. 14, 2020	DEPOSITION of Jane Doe taken on September 13, 2019 by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Bonham, Elizabeth) (Entered: 01/14/2020)	RECAP
67	Jan. 14, 2020	DEPOSITION of Stacie Ray taken on August 19, 2019 by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Bonham, Elizabeth) (Entered: 01/14/2020)	RECAP
68	Jan. 14, 2020	NOTATION ORDER granting 52 Motion for Leave to Exceed Page Limitations. By Magistrate Judge Chelsey M. Vascura on 1/14/2020. (agm) (Entered: 01/14/2020)	RECAP
	Jan. 14, 2020	Order on Motion for Miscellaneous Relief
69	Jan. 16, 2020	MOTION for Summary Judgment by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Attachments: # 1 Exhibit List, # 2 Exhibit A - Defendants' Response to Interrogatory 3, # 3 Exhibit B - ODH Deposition Exhibits 5 and 6, # 4 Exhibit C - U Gender marker changed, # 5 Exhibit D - Gender marker changed to H, # 6 Exhibit E - Expert Report of Dr. Randi Ettner, # 7 Exhibit F - Expert Report of Dr. Ryan Gorton, # 8 Exhibit G - Defendants' Response to Interrogatory 2) (Bonham, Elizabeth) (Entered: 01/16/2020) 1 Exhibit List View on PACER 2 Exhibit A - Defendants' Response to Interrogatory 3 View on PACER 3 Exhibit B - ODH Deposition Exhibits 5 and 6 View on PACER 4 Exhibit C - U Gender marker changed View on PACER 5 Exhibit D - Gender marker changed to H View on PACER 6 Exhibit E - Expert Report of Dr. Randi Ettner View on PACER 7 Exhibit F - Expert Report of Dr. Ryan Gorton View on RECAP 8 Exhibit G - Defendants' Response to Interrogatory 2 View on PACER	RECAP
71	Jan. 16, 2020	REDACTED MOTION for Summary Judgment by Defendants Amy Acton, Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Attachments: # 1 Exhibit Nagy Affidavit, # 2 Exhibit Ohio Vital Stat. Birth Occurrence File Layout, # 3 Exhibit Certificate of Birth Abstract) (Lucas, Albert) Modified text on 2/20/2020 (agm). (Entered: 01/16/2020) 1 Exhibit Nagy Affidavit View on PACER 2 Exhibit Ohio Vital Stat. Birth Occurrence File Layout View on PACER 3 Exhibit Certificate of Birth Abstract View on PACER	RECAP

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Case Details

State / Territory:

Ohio

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 29, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four transgender individuals who sought to change their Ohio birth certificates to reflect their gender identity.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

The State of Ohio

Defendant Type(s):

Hospital/Health Department

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Other Dockets:

Southern District of Ohio 2:18-cv-00272

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Document/information produced

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Amount Defendant Pays: 380000

Issues

General/Misc.:

Drivers Licenses

Government services

Record-keeping

Discrimination Basis:

Gender identity

LGBTQ+:

LGBTQ+

Transgender: IDs

Recommended Citation

Case Summary of Ray v. Ohio Department of Health, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/16516/ (last updated 7/21/2021).