Same-sex marriage in Ohio

Legal status of same-sex unions
Marriage
Performed

Argentina
Belgium
Brazil
Canada
Denmark:
· Denmark proper
· Greenland*
Finland*
France
Iceland
Ireland
Luxembourg
Mexico:
· CH, CA, GR3, JA*
· NA, QR, DF
Netherlands:
· Netherlands proper

New Zealand:
· New Zealand proper
Norway
Portugal
South Africa
Spain
Sweden
United Kingdom:
· England and Wales
· Scotland
· Pitcairn Islands
United States:
· United States proper
· GU, MP, PR, VI
· some tribal jurisdictions
Uruguay

Recognized

  1. When performed in Mexican states that have legalized same-sex marriage
  2. When performed in the Netherlands proper
  3. Marriages performed in some municipalities and recognized by the state

* Not yet in effect

LGBT portal

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

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

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]

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.[18]

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.[19]

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.[20]

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.[21] 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.[22]

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.[23]

See also

References

  1. 1 2 "The Latest: Same-sex marriages underway in Ohio". Fox 19 Now. June 26, 2015. Retrieved June 26, 2015.
  2. ↑ Geidner, Chris (June 26, 2015). "Jim Obergefell Is First In Line, Awaiting Supreme Court’s Word On His Marriage". BuzzFeed News. Retrieved June 26, 2015.
  3. ↑ What is DOMA (Defense of Marriage Act)?
  4. ↑ Sub. H.B. 272
  5. ↑ "Ohio citizens approve Issue 1". The Post (Ohio University). November 3, 2004. Retrieved December 6, 2013.
  6. ↑ "Ohio Officials Ordered To Recognize Gay Couple's Marriage". Buzzfeed. July 22, 2013. Retrieved July 22, 2013.
  7. ↑ "Gay Ohio Couple Win Extension Recognizing Marriage". Edge Boston. August 13, 2013.
  8. ↑ Bzdek, Vincent; Sewell, Dan (December 23, 2013). "Ohio's ban on gay marriage ruled unconstitutional in limited case". Washington Post. Retrieved January 17, 2014.
  9. ↑ Myers, Amanda Lee (February 10, 2014). "Couples Sue to Force Ohio's Hand on Gay Marriage". ABC News. Retrieved February 11, 2014.
  10. ↑ Myers, Amanda Lee (April 14, 2014). "Judge: Ohio must recognize other states' gay marriages". USA Today. Retrieved April 14, 2014.
  11. ↑ Snow, Justin (April 16, 2014). "Federal judge grants partial stay in Ohio marriage-ban ruling". Metro Weekly. Retrieved April 16, 2014.
  12. ↑ Geidner, Chris (November 6, 2014). "Federal Appeals Court Upholds Four States' Same-Sex Marriage Bans". BuzzFeed News. Retrieved November 6, 2014.
  13. ↑ Geidner, Chris (January 16, 2015). "Supreme Court Will Hear Four Cases Challenging Same-Sex Marriage Bans". BuzzFeed News. Retrieved January 16, 2015.
  14. ↑ "Gay marriage ceremonies begin in Ohio after ban rejected by Supreme Court". WLWT 5. 26 June 2015.
  15. ↑ "Ohio could get chance to approve same-sex marriage". Cleveland.com. June 26, 2013.
  16. ↑ "After SCOTUS rulings on gay marriage, what’s next for Ohio?". Columbus Monthly. June 2013.
  17. ↑ "Jim Petro, Former Ohio GOP Attorney General, Backs Campaign To Overturn State Gay Marriage Ban". Huffington Post. July 8, 2013.
  18. ↑ Somashekhar, Sandhya; Craighill, Peyton M. (October 9, 2012). "Polls in Fla., Ohio and Va. see same-sex marriage support". Washington Post. Retrieved December 15, 2012.
  19. ↑ Rowland, Darrel (March 24, 2012). "Poll: Ohio marriage views shift". Columbus Dispatch. Retrieved March 25, 2013.
  20. ↑ "Plurality Of Ohioans Support Gay Marriage". On Top Magazine. August 23, 2013.
  21. ↑ http://www.quinnipiac.edu/images/polling/oh/oh02242014_k3s79f.pdf
  22. ↑ A Shifting Landscape
  23. ↑ http://www.surveyusa.com/client/PollReport.aspx?g=9257418b-ab23-474c-9518-9484383e6432


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