No. l:14-cv-129, - F.Supp.2d -, -, 2014 WL 1418395, *9 (S.D.Ohio Apr. 14, 2014) (applying intermediate scrutiny where Ohio is “intruding into fact erasing” the marriage relationship); see also De Leon v. Perry, 975 F.Supp.2d 632, 662 (W.D.Tex.2014) (applying rational basis review and finding “that by declaring lawful same-sex marriages void and denying married couples the rights, responsibilities, and benefits of marriage, Texas denies same-sex couples who have been married in other states their due process”). Defendants counter that there is no due process right to have one’s marriage recognized. According to Defendants, recognition of marriages from other states is only a matter of comity, not a matter of right. See e.g., Sclamberg v. Sclamberg, 220 Ind. 209, 41 N.E.2d 801 (1942) (<HOLDING>). Defendants again stress that Windsor is a
recognizing that basis for deportation was aliens misrepresentation about his marriage not the validity of his marriage recognizing parties concession that their marriage performed in russia was void under indiana law because they were uncle and niece holding that the law to be applied in determining the validity of  an outofstate marriage is the law of the state in which the marriage occurred holding that appellants substantive rights were not prejudiced by omission in indictment that complainant was not the spouse of the defendant because it had been clearly shown that both appellant and complainant were male and that they could not have obtained marriage license nor entered into commonlaw marriage holding husband could not have marriage annulled because wife was pregnant by him at time of marriage