Despite a constitutional amendment that protects marriage as the union of husband and wife in the state of Ohio, U.S. District judge Timothy Black is taking it upon himself to selectively decide when the law does and does not apply.

A federal judge on Monday recognized the out-of-state marriage of a gay Ohio couple, granting a temporary restraining order as one of the men nears death.

U.S. District judge Timothy Black issued a temporary restraining order Monday, recognizing [James] Obergefell as [John] Arthur’s spouse, and suggested that failing to recognize the couple’s out-of-state union violated their rights to equal protection under the U.S. Constitution.

“This is yet another example of an activist federal judge substituting his views for those of the people. The people of Ohio have determined through overwhelmingly enacting their state marriage amendment that marriage is the union of one man and one woman, and the federal government must respect that decision,” said Frank Schubert, national political director for the National Organization for Marriage [emphasis added]. -Washington Post