Same-sex marriage in Ohio

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Same-sex marriage in Ohio is legal under the U.S. Supreme Court ruling in Obergefell v. Hodges, a landmark decision in which the court struck down Ohio's statutory and constitutional bans on the issuance of marriage licenses to same-sex couples on June 26, 2015.[1] The case was named after plaintiff Jim Obergefell, who sued the state of Ohio after officials refused to recognize his marriage on the death certificate of his husband.[2] Same-sex marriages were performed in Ohio beginning shortly after the Supreme Court released its ruling, as local officials implemented the order.[1]

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 and for recording parents' names on a birth certificates. Judge Timothy Black, of the United States District Court for the Southern District of Ohio, 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. Ohio Attorney General Mike DeWine appealed the rulings to the Sixth Circuit Court of Appeals, which consolidated the two cases and held oral argument on August 6, 2014. That court upheld Ohio's ban on same-sex marriage on November 6, 2014. The Supreme Court of the United States declared same-sex marriages legal in the United States in Obergefell v. Hodges on June 26, 2015.

Legal restrictions

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Main article: LGBT rights in Ohio

As a result of the United States Supreme Court decision in Obergefell v. Hodges, same-sex spouses are afforded the same privileges as opposite-sex spouses, including joint and step-parent adoption.

History

On December 10, 2003, the Ohio House of Representatives, by a 73–23 vote, passed Ohio's Defense of Marriage Act. On January 21, 2004, the Ohio State Senate, by a 18–15 vote, passed Ohio's Defense of Marriage Act. On February 6, 2004, Governor Bob Taft signed the bill into law. Ohio's Defense of Marriage Act bans 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.[3][4]

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.[5]

Lawsuits

Obergefell v. Hodges

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Main article: Obergefell v. Hodges
This case was previously styled Obergefell v. Wymyslo, then Obergefell v. Himes.

A Cincinnati, Ohio, same-sex couple filed a lawsuit, Obergefell v. Kasich, in the U.S. Southern District of Ohio on July 19, 2013, alleging that the state discriminates against same-sex couples who have married lawfully out-of-state. On July 22, 2013, District Judge Timothy S. Black granted the couple's motion, temporarily restraining the Ohio Registrar from accepting any death certificate unless it recorded the deceased's status at death as "married" and his partner as "surviving spouse".[6] On August 13, 2013, Black extended the temporary restraining order until the end of December.[7] 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.[8]

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 certificates.[9] On April 14, 2014, Black ruled that Ohio must recognize same-sex marriages from other jurisdictions,[10] and on April 16, 2014 stayed enforcement of his ruling except for the birth certificates sought by the plaintiffs.[11]

On May 20, the Sixth Circuit consolidated the two cases and on November 6 ruled 2–1 that Ohio's ban on same-sex marriage did not violate the constitution.[12] On January 16, 2015, the United States Supreme Court consolidated Obergefell v. Hodges with three other cases from Kentucky, Michigan and Tennessee, agreeing to review the case.[13] After hearing oral arguments the following April, the court ruled on June 26, 2015 that Ohio's constitutional ban violated the Fourteenth Amendment of the United States Constitution on equal protection and due process grounds. The ruling meant the earlier Sixth Circuit Court of Appeals decision was reversed and same-sex couples began immediately marrying in the state.[14]

Initiative to repeal constitutional ban

FreedomOhio and Equality Ohio are seeking state officials' approval of a ballot initiative that would replace the constitutional amendment and allow same-sex marriage.[15][16] Two prominent Republicans, Senator Rob Portman and former Attorney General Jim Petro, support repealing the same-sex marriage ban.[17]

After Obergefell v. Hodges

On March 15, 2016, the Ohio Supreme Court decided to issue gender-neutral references in family court cases. The order includes father, mother, parent and spouse in its description of terms expressing familial relationships which cover the areas of divorce, child support, guardianships, adoption, domestic relations and domestic violence.[18][19] The order took effect the same day.

Public opinion

A September 2012 poll by the Washington Post indicated that 52 percent of Ohio residents surveyed said that gay marriage should be legal, while 37 percent said it should be illegal.[20]

A March 2013 Saperstein poll for the Columbus Dispatch revealed that 54 percent of Ohio residents surveyed supported a proposed amendment that would overturn the state's 2004 constitutional ban on same-sex marriage.[21]

An August 2013 Public Policy Polling survey of 551 Ohio voters found that 48 percent of respondents support same-sex marriage, while 42 percent remain opposed. Ten percent said they were not sure. The survey is the first from PPP to find plurality support for gay nuptials in Ohio. Pollsters also found that 69 percent of Ohioans support either marriage (44%) or civil unions (25%) for gay couples, including a majority (54%) of Republican voters. Twenty-seven percent of respondents said that there should be no legal recognition of a gay couple's relationship.[22]

A February 2014 poll found that 50% of Ohio voters support same-sex marriage, while 44% opposed, and 5% didn't know or it wasn't applicable to them.[23] Another February 2014 poll, released two days later by Public Religion Research Institute survey found that 53% of Ohio residents support same-sex marriage, while 38% opposed, and 9% didn't know or refused to answer.[24]

An April 2014 poll by SurveyUSA found 49% of Ohio voters thought that gay marriage should not be legalized, with 43% thinking it should and 8% unsure.[25]

See also

References

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  2. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  3. ↑ What is DOMA (Defense of Marriage Act)?
  4. ↑ Sub. H.B. 272
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  21. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  22. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  23. ↑ http://www.quinnipiac.edu/images/polling/oh/oh02242014_k3s79f.pdf
  24. ↑ A Shifting Landscape
  25. ↑ http://www.surveyusa.com/client/PollReport.aspx?g=9257418b-ab23-474c-9518-9484383e6432


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