Same-sex marriage in Ohio
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Same-sex marriage in Ohio has been legal since the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
's ruling in ''
Obergefell v. Hodges ''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protect ...
'', a landmark decision in which the court struck down
Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
's statutory and constitutional bans on
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
on June 26, 2015. The case was named after plaintiff
Jim Obergefell Jim Obergefell ( ; born 1966"Jim Obergefell." In ''Contemporary Authors Online''. Detroit, MI: Gale, 2017. ''Gale In Context: Biography'' (accessed September 11, 2019). https://link.gale.com/apps/doc/H1000322825/BIC?u=athe67392&sid=BIC&xid=72c64b ...
, who sued the state of Ohio after officials refused to recognize his
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
on the death certificate of his husband. Same-sex marriages were performed in Ohio beginning shortly after the Supreme Court released its ruling, as local officials implemented the order. Two lawsuits in federal court challenged Ohio's denial of marriage rights to same-sex couples, asking Ohio to recognize marriages from other jurisdictions for the purpose of recording a spouse on a
death certificate A death certificate is either a legal document issued by a medical practitioner which states when a person died, or a document issued by a government civil registration office, that declares the date, location and cause of a person's death, as ...
and for recording parents' names on
birth certificate A birth certificate is a vital record that documents the birth of a person. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensui ...
s. Judge Timothy Black, of the
U.S. District Court for the Southern District of Ohio The United States District Court for the Southern District of Ohio (in case citations, S.D. Ohio) is one of two United States district courts in Ohio and includes forty-eight of the state's eighty-eight counties–everything from the Columbus ar ...
, ruled that Ohio must recognize same-sex marriages from other jurisdictions. He stayed general enforcement of his ruling, but ordered the state to recognize out-of-state same-sex marriages for completing death certificates in all cases and for four birth certificates. Attorney General Mike DeWine appealed the rulings to the
Sixth Circuit Court of Appeals The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of K ...
, which consolidated the two cases and held oral arguments on August 6, 2014. That court upheld Ohio's ban on same-sex marriage on November 6, 2014. The U.S. Supreme Court overturned the decision and declared same-sex marriages legal in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
in ''Obergefell v. Hodges'' on June 26, 2015.


Legal history


Restrictions

On December 10, 2003, the
Ohio House of Representatives The Ohio House of Representatives is the lower house of the Ohio General Assembly, the state legislature of the U.S. state of Ohio; the other house of the bicameral legislature being the Ohio Senate. The House of Representatives first met in Ch ...
, by a 73–23 vote, passed the ''Defense of Marriage Act''. The Ohio Senate passed the act by an 18–15 vote on January 21, 2004, and Governor
Bob Taft Robert Alphonso Taft III (born January 8, 1942) is an American politician and attorney, who served as the 67th governor of Ohio from 1999 to 2007 as a member of the Republican Party. A member of the Taft political dynasty, Taft served first in ...
signed it into law on February 6. Ohio's ''Defense of Marriage Act'' banned same-sex marriage, along with the "statutory benefits of legal marriage to nonmarital relationships". It also prohibited state recognition of out-of-state same-sex marriages. On November 2, 2004, Ohio voters approved State Issue 1, a state-initiated constitutional amendment that prohibited the recognition of same-sex marriage, as well as any "legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage" in the state of Ohio. The amendment went into effect on December 2, 2004.


Initiative to repeal constitutional ban

In 2013, FreedomOhio and Equality Ohio sought state officials' approval of a ballot initiative that would replace the constitutional amendment and allow same-sex marriage. Two prominent Republicans, Senator Rob Portman and former Attorney General
Jim Petro James M. Petro (born October 25, 1948) is an American lawyer and politician of the Republican Party who served as the Attorney General of Ohio. Previously, Petro also served as Ohio State Auditor and he was a candidate for the Republican nominat ...
, gave their support to the campaign.


Lawsuits


State cases

Lacking legal representation and support from the local LGBT community, a lesbian couple from
Dayton Dayton () is the sixth-largest city in the U.S. state of Ohio and the county seat of Montgomery County. A small part of the city extends into Greene County. The 2020 U.S. census estimate put the city population at 137,644, while Greater Da ...
sued the state in ''Thorton v. Timmers'' in 1974, after being denied a marriage license. In 1975, a state court denied their request for a license and concluded that "it is the express legislative intent that those persons who may be joined in marriage must be of different sexes." A similar case, ''Fullington v. Ohio'', was brought by Russ Stalk and David Fullington in 1990, but dismissed by an Ohio county municipal court on October 11, 1990.


''Obergefell v. Hodges''

A
Cincinnati Cincinnati ( ) is a city in the U.S. state of Ohio and the county seat of Hamilton County. Settled in 1788, the city is located at the northern side of the confluence of the Licking and Ohio rivers, the latter of which marks the state line wit ...
same-sex couple filed a lawsuit, ''Obergefell v. Kasich'', in the
U.S. District Court for the Southern District of Ohio The United States District Court for the Southern District of Ohio (in case citations, S.D. Ohio) is one of two United States district courts in Ohio and includes forty-eight of the state's eighty-eight counties–everything from the Columbus ar ...
on July 19, 2013, alleging that the state discriminated against same-sex couples who had lawfully married out-of-state. The named-defendant was Governor
John Kasich John Richard Kasich Jr. ( ; born May 13, 1952) is an American politician, author, and television news host who served in the U.S. House of Representatives from 1983 to 2001 and as the 69th governor of Ohio from 2011 to 2019. A Republican, Kasic ...
. On July 22, 2013, District Judge Timothy S. Black granted the couple's motion, temporarily restraining the vital statistics registrar from accepting any
death certificate A death certificate is either a legal document issued by a medical practitioner which states when a person died, or a document issued by a government civil registration office, that declares the date, location and cause of a person's death, as ...
unless it recorded the deceased's status at death as "married" and his partner as "surviving spouse". On August 13, 2013, Black extended the temporary restraining order until the end of December. The case was restyled ''Obergefell v. Wymyslo'' on September 25, with Health Department Director Theodore Wymyslo as the named defendant, and funeral director Robert Grunn was added to the lawsuit so that he could obtain clarification of his legal obligations under Ohio law when serving clients with same-sex spouses. On December 23, 2013, Judge Black ruled that Ohio's refusal to recognize same-sex marriages from other jurisdictions was discriminatory and ordered Ohio to recognize same-sex marriages from other jurisdictions on death certificates. Judge Black ruled in a similar case about the same time. In ''Henry v. Wymyslo'', four same-sex couples legally married in other states sued to force the state to list both parents on their children's
birth certificate A birth certificate is a vital record that documents the birth of a person. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensui ...
s. On April 14, 2014, Black ruled that Ohio must recognize same-sex marriages from other jurisdictions, and on April 16 stayed enforcement of his ruling except for the birth certificates sought by the plaintiffs. Attorney General Mike DeWine announced plans to appeal the decision. On May 20, the
Sixth Circuit The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of K ...
consolidated the two cases, now ''Obergefell v. Hodges'' with the appointment of Richard Hodges as the new director of the
Ohio Department of Health The Ohio Department of Health (ODH) is the administrative department of the Ohio state government responsible for coordinating activities for child and family health services, children with medical handicaps, early intervention services, nutrition ...
, and on November 6 ruled 2–1 that Ohio's ban on same-sex marriage did not violate the
Constitution of the United States The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
. On January 16, 2015, the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
consolidated ''Obergefell v. Hodges'' with three other cases from
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia ...
,
Michigan Michigan () is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the List of U.S. states and ...
and
Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...
, agreeing to review the case. After hearing
oral argument Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also a ...
s the following April, the court ruled on June 26, 2015 that Ohio's constitutional ban violated the Fourteenth Amendment of the U.S. Constitution on
equal protection The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
and due process grounds. The ruling meant that the earlier Sixth Circuit Court of Appeals decision was reversed and same-sex couples began immediately marrying in the state. Governor Kasich said he was disappointed by the court ruling but said, "They've made their decision and we just move on". DeWine said he would comply with the decision, "While Ohio argued that the Supreme Court should let this issue ultimately be decided by the voters, the Court has now made its decision." Senator Portman issued the following statement, "In 2013, I decided to support marriage equality after I came to understand this issue better in the context of my own family. I can't help but view today's Supreme Court decision through that same lens. And as a father, I welcome today's decision. As I have said before, I would have preferred for this issue to be resolved by the democratic process in the states because I think you build a more lasting consensus that way. Now the Court has reached its decision, I hope we can move past the division and polarization the issue has caused." The Mayor of Columbus, Michael B. Coleman, said, "I am pleased with the Supreme Court's decision to overturn the ban on same-sex marriage because it represents true equality for all, regardless of who they love." State Representative
Nickie Antonio Nickie J. Antonio (born June 2, 1955) is an American politician from Ohio. A Democrat, she serves in the Ohio Senate representing the 23rd district, which is located in the western portion of Cuyahoga County and contains the western third of Cle ...
welcomed the ruling, "From this day forward, all families – including families like mine – have the opportunity to experience the full depth and breadth of constitutional equality and the freedom to celebrate the love that binds our family, and all families – including those of same sex couples." Among the first same-sex couples to marry in Ohio were Roy Keith Garrett and Chris Richardson in
Cleveland Cleveland ( ), officially the City of Cleveland, is a city in the U.S. state of Ohio and the county seat of Cuyahoga County. Located in the northeastern part of the state, it is situated along the southern shore of Lake Erie, across the U.S. ...
on June 26 just hours after the Supreme Court's ruling. Two more couples, Jamie Moore and Tim Scott, and Patricia Hanen and Elaine McCoy, were married just minutes later in the same city. Jimmie Beall and Mindy Ross were the first same-sex couple to receive a
marriage license A marriage license (or marriage licence in Commonwealth spelling) is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdictio ...
in
Columbus Columbus is a Latinized version of the Italian surname "''Colombo''". It most commonly refers to: * Christopher Columbus (1451-1506), the Italian explorer * Columbus, Ohio, capital of the U.S. state of Ohio Columbus may also refer to: Places ...
. The couple had unsuccessfully applied for a license every
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for the past 7 or 8 years. Across the state, many couples rushed to their county courthouse in the hours after the court decision to apply for licenses, including in
Dayton Dayton () is the sixth-largest city in the U.S. state of Ohio and the county seat of Montgomery County. A small part of the city extends into Greene County. The 2020 U.S. census estimate put the city population at 137,644, while Greater Da ...
, Ironton, and Toledo. Mayor
John Cranley John Joseph Cranley (born February 28, 1974) is an American lawyer and politician who served as the 69th Mayor of Cincinnati, Ohio from 2013 to 2022. A member of the Democratic Party, he was a member of the Cincinnati City Council and a partner ...
officiated at the weddings of half a dozen same-sex couples on June 26 at the
Fountain Square A fountain square is a park or plaza in a city that features a fountain. It may stand alone or as part of a larger public park. In the United States, there are numerous fountain squares, many of which are actually called "fountain square." The ...
in Cincinnati.


Developments after legalization

On March 15, 2016, the
Ohio Supreme Court The Ohio Supreme Court, Officially known as The Supreme Court of the State of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members, a ...
decided to issue
gender-neutral Gender neutrality (adjective form: gender-neutral), also known as gender-neutralism or the gender neutrality movement, is the idea that policies, language, and other social institutions (social structures or gender roles) should avoid distinguish ...
references in family court cases instead of terms such as "husband" and "wife". The order includes "father", "mother", "parent" and "spouse" in its description of terms expressing familial relationships, which cover the areas of
divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
,
child support Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid d ...
, guardianships, adoption,
domestic relations In the common law tradition, the law of domestic relations is a broad category that encompasses: * divorce; * property settlements; * alimony, spousal support, or other maintenance; * the establishment of paternity; * the establishment or termina ...
and domestic violence. The order took effect the same day.


Demographics and marriage statistics

Data from the
2000 U.S. census The United States census of 2000, conducted by the Census Bureau, determined the resident population of the United States on April 1, 2000, to be 281,421,906, an increase of 13.2 percent over the 248,709,873 people enumerated during the 1990 cen ...
showed that 18,937 same-sex couples were living in Ohio. By 2005, this had increased to 30,669 couples, likely attributed to same-sex couples' growing willingness to disclose their partnerships on government surveys. Same-sex couples lived in all
counties A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
of the state and constituted 0.8% of coupled households and 0.4% of all households in the state. Most couples lived in
Franklin Franklin may refer to: People * Franklin (given name) * Franklin (surname) * Franklin (class), a member of a historical English social class Places Australia * Franklin, Tasmania, a township * Division of Franklin, federal electoral d ...
, Cuyahoga and
Hamilton Hamilton may refer to: People * Hamilton (name), a common British surname and occasional given name, usually of Scottish origin, including a list of persons with the surname ** The Duke of Hamilton, the premier peer of Scotland ** Lord Hamilt ...
counties, but the counties with the highest percentage of same-sex couples were Franklin (0.74% of all county households) and
Delaware Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
(0.55%). Same-sex partners in Ohio were on average younger than opposite-sex partners, and more likely to be employed. However, the average and median household incomes of same-sex couples were lower than different-sex couples, and same-sex couples were also far less likely to own a home than opposite-sex partners. 22% of same-sex couples in Ohio were raising children under the age of 18, with an estimated 11,950 children living in households headed by same-sex couples in 2005. 2018 estimates from the
United States Census Bureau The United States Census Bureau (USCB), officially the Bureau of the Census, is a principal agency of the U.S. Federal Statistical System, responsible for producing data about the American people and economy. The Census Bureau is part of t ...
showed that there were about 32,900 same-sex households in Ohio. This represented an increase compared to 2017 (about 31,400 households), 2016 (about 27,600 households), 2015 (about 26,850 households) and 2014 (about 26,000 households). The Census Bureau estimated that 54.4% of same-sex couples living in the state in 2018 were married.


Public opinion

A September 2012 poll by ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' indicated that 52% of Ohio residents surveyed said that same-sex marriage should be legal, while 37 percent said it should be illegal. A March 2013 Saperstein poll for ''
The Columbus Dispatch ''The Columbus Dispatch'' is a daily newspaper based in Columbus, Ohio. Its first issue was published on July 1, 1871, and it has been the only mainstream daily newspaper in the city since ''The Columbus Citizen-Journal'' ceased publication in 19 ...
'' revealed that 54% of Ohio residents surveyed supported a proposed amendment that would repeal the state's 2004 constitutional ban on same-sex marriage. An August 2013
Public Policy Polling Public Policy Polling (PPP) is an American polling firm affiliated with the Democratic Party. Founded in 2001 by businessman Dean Debnam, the firm is based in Raleigh, North Carolina. Debnam currently serves as president and CEO of PPP, while T ...
(PPP) survey of 551 Ohio voters found that 48% of respondents supported same-sex marriage, while 42% remained opposed and 10% said they were not sure. The survey was the first from PPP to find plurality support for same-sex marriages in Ohio. Pollsters also found that 69% of Ohio respondents supported either marriage (44%) or
civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
s (25%) for same-sex couples, including a majority (54%) of
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voters. 27% of respondents said that there should be no legal recognition of same-sex relationships. A February 2014
Quinnipiac University Quinnipiac University () is a private university in Hamden, Connecticut. The university grants undergraduate, graduate, and professional degrees through its College of Arts and Sciences, School of Business, School of Engineering, School of C ...
poll found that 50% of Ohio voters supported same-sex marriage, while 44% were opposed, and 5% did not know or were indifferent. Another February 2014 poll, released two days later by the
Public Religion Research Institute The Public Religion Research Institute (PRRI) is an American nonprofit, nonpartisan research and education organization that conducts public opinion polls on a variety of topics, specializing in the quantitative and qualitative study of politic ...
(PRRI), found that 53% of Ohio residents supported same-sex marriage, while 38% were opposed, and 9% did not know or refused to answer. An April 2014 poll by
SurveyUSA SurveyUSA is a polling firm in the United States. It conducts market research for corporations and interest groups, but is best known for conducting opinion polls for various political offices and questions. SurveyUSA conducts these opinion polls ...
found that 49% of Ohio voters thought same-sex marriage should not be legalized, with 43% thinking it should be and 8% were unsure. An October 2014 poll by
YouGov YouGov is a British international Internet-based market research and data analytics firm, headquartered in the UK, with operations in Europe, North America, the Middle East and Asia-Pacific. In 2007, it acquired US company Polimetrix, and sinc ...
found that 45% of Ohio respondents were in favor of same-sex marriage, with 40% against such unions and 15% being unsure. A 2016 PRRI poll showed a 56% majority in favor of same-sex marriage in Ohio. In 2017, the PRRI found that 61% of Ohio respondents supported same-sex marriage, while 33% opposed it and 6% were unsure. A PRRI survey conducted between March 8 and November 9, 2021 showed that 69% of Ohio respondents supported same-sex marriage, while 30% were opposed.


See also

*
LGBT rights in Ohio Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Ohio have most of the rights non-LGBT residents have. Same-sex sexual activity is legal in Ohio, and same-sex marriage has been legally recognized since June 2015 as ...
* Domestic partnership in Ohio * Same-sex marriage in the United States


References

{{Same-sex marriage in the United States LGBT in Ohio
Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
2015 in LGBT history 2015 in Ohio