A federal judge on Wednesday suggested that Ohio's gay marriage ban may be unconstitutional.

U.S. District Judge Timothy Black is considering whether the out-of-state marriages of gay couples should be recognized on Ohio death certificates.

Black has already sided with two men, allowing their late spouses to be recognized on Ohio death certificates. Plaintiffs are now seeking to expand the ruling to include all legally married gay couples in Ohio.

Although Black is only considering the narrow question of recognition on death certificates, he noted that “in the real world out there, the stakes are larger.”

Black pointed to the Supreme Court's June ruling striking down a key provision of the Defense of Marriage Act (DOMA), which prohibited the federal government from recognizing the legal marriages of gay couples.

“Politicians say, 'I'll leave this to the states,' but if the United States Supreme Court said the federal government cannot fail to recognize valid same-sex marriages, why can the states?” Black asked Bridget Coontz, the attorney defending the state's position.

Coontz said that to allow other states to define who is married in Ohio “would allow one state to set the marriage policy for all others.”

Black is expected to issue his decision before the end of the year.

Black's previous rulings angered Ohio state Rep. John Becker, a Republican from Union Township, who accused Black of “malfeasance and abuse of power” in calling for the judge's impeachment.