(Cincinnati) -- Late last year, a Federal Judge ordered the State of Ohio to recognize a same sex marriage on a man's death certificate.  That decision is under appeal.  This latest suit wants both spouses in gay marriages to be listed as the parents on birth certificates.

The suit was filed Monday in US District Court, by three Tri-State lesbian couples, a couple from New York, and the agency that helped them adopt a child from Ohio.  They want the State of Ohio to recognize both partners in each couple as the legal parents of their children.

Cincinnati City Councilman Chris Seelbach says the City of Cincinnati was also named in the suit, and has been told the City will not defend itself in the case.  Seelbach says  acting City Manager Scott Stiles told him "The City does not have any local laws treating same-sex marriages differently from opposite-sex marriages."  Cincinnati did not respond in the earlier case on death certificates either.