Same-sex marriage in Ohio

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Notes
  1. Performed statewide in 23 states and Mexico City, in certain municipalities in two other states, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  4. Neither performed nor recognized in the five Caribbean overseas territories.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  7. Degree of recognition unknown. No actual cases to date.
  8. The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Unregistered cohabitation or Maitri Karar–type contractual relationships.
  11. Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.
  12. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.
* Not yet in effect
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Same-sex marriage is legal in the U.S. state of Ohio 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 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 overturned the decision and 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 Supreme Court decision in Obergefell v. Hodges, same-sex spouses are afforded the same privileges as opposite-sex spouses, including joint and stepchild 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 Senate passed the act, by an 18–15 vote. On February 6, 2004, Governor Bob Taft signed the bill into law. 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.[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]

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.[6][7] Two prominent Republicans, Senator Rob Portman and former Attorney General Jim Petro, support repealing the same-sex marriage ban.[8]

Lawsuits[]

Obergefell v. Hodges[]

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

A Cincinnati 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 discriminated 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".[9] On August 13, 2013, Black extended the temporary restraining order until the end of December.[10] 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.[11]

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.[12] On April 14, 2014, Black ruled that Ohio must recognize same-sex marriages from other jurisdictions,[13] and on April 16, 2014 stayed enforcement of his ruling except for the birth certificates sought by the plaintiffs.[14]

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 Federal Constitution.[15] 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.[16] 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.[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.

Marriage statistics[]

In 2014, the Williams Institute estimated that there were 19,684 same-sex couples living in Ohio, of whom 19% were raising children.[20]

2018 estimates from the United States Census Bureau showed that there were about 32,900 same-sex households in Ohio. The Bureau estimated that 54.4% of these couples were married.[21] This represented an increase compared to 2017 (about 31,400), 2016 (about 27,600), 2015 (about 26,850) and 2014 (about 26,000).

Public opinion[]

A September 2012 poll by The Washington Post indicated that 52% of Ohio residents surveyed said that same-sex marriage should be legal, while 37 percent said it should be illegal.[22]

A March 2013 Saperstein poll for the Columbus Dispatch revealed that 54% of Ohio residents surveyed supported a proposed amendment that would repeal the state's 2004 constitutional ban on same-sex marriage.[23]

An August 2013 Public Policy Polling survey of 551 Ohio voters found that 48% of respondents supported same-sex marriage, while 42% remained opposed. 10% said they were not sure. The survey was the first from PPP to find plurality support for same-sex nuptials in Ohio. Pollsters also found that 69% of Ohioans supported either marriage (44%) or civil unions (25%) for same-sex couples, including a majority (54%) of Republican voters. 27% of respondents said that there should be no legal recognition of a same-sex couple's relationship.[24]

A February 2014 poll found that 50% of Ohio voters supported same-sex marriage, while 44% opposed, and 5% didn't know or it wasn't applicable to them.[25] Another February 2014 poll, released two days later by the Public Religion Research Institute, found that 53% of Ohio residents supported same-sex marriage, while 38% opposed, and 9% didn't know or refused to answer.[26]

An April 2014 poll by SurveyUSA found that 49% of Ohio voters thought that same-sex marriage should not be legalized, with 43% thinking it should and 8% unsure.[27]

An October 2014 poll by YouGov found 45% of Ohioans in favor of same-sex marriage, with 40% against such unions and 15% unsure.[28]

A 2016 Public Religion Research Institute (PRRI) poll found a 56% majority in favor of same-sex marriage in Ohio. 35% were opposed and 9% were undecided.[29] In 2017, the PRRI found that 61% of Ohians supported same-sex marriage, while 33% opposed it and 6% were unsure.[30]

See also[]

References[]

  1. ^ a b "The Latest: Same-sex marriages underway in Ohio". Fox 19 Now. June 26, 2015. Archived from the original on June 27, 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. Archived from the original on October 18, 2014. Retrieved December 6, 2013.
  6. ^ "Ohio could get chance to approve same-sex marriage". Cleveland.com. June 26, 2013.
  7. ^ "After SCOTUS rulings on gay marriage, what's next for Ohio?". Columbus Monthly. June 2013.
  8. ^ "Jim Petro, Former Ohio GOP Attorney General, Backs Campaign To Overturn State Gay Marriage Ban". Huffington Post. July 8, 2013.
  9. ^ "Ohio Officials Ordered To Recognize Gay Couple's Marriage". Buzzfeed. July 22, 2013. Retrieved July 22, 2013.
  10. ^ "Gay Ohio Couple Win Extension Recognizing Marriage". Edge Boston. August 13, 2013.
  11. ^ Bzdek, Vincent; Sewell, Dan (December 23, 2013). "Ohio's ban on gay marriage ruled unconstitutional in limited case". Washington Post. Retrieved January 17, 2014.
  12. ^ Myers, Amanda Lee (February 10, 2014). "Couples Sue to Force Ohio's Hand on Gay Marriage". ABC News. Retrieved February 11, 2014.
  13. ^ Myers, Amanda Lee (April 14, 2014). "Judge: Ohio must recognize other states' gay marriages". USA Today. Retrieved April 14, 2014.
  14. ^ Snow, Justin (April 16, 2014). "Federal judge grants partial stay in Ohio marriage-ban ruling". Metro Weekly. Archived from the original on April 16, 2014. Retrieved April 16, 2014.
  15. ^ Geidner, Chris (November 6, 2014). "Federal Appeals Court Upholds Four States' Same-Sex Marriage Bans". BuzzFeed News. Retrieved November 6, 2014.
  16. ^ Geidner, Chris (January 16, 2015). "Supreme Court Will Hear Four Cases Challenging Same-Sex Marriage Bans". BuzzFeed News. Retrieved January 16, 2015.
  17. ^ "Gay marriage ceremonies begin in Ohio after ban rejected by Supreme Court". WLWT 5. June 26, 2015.
  18. ^ "Ohio Supreme Court ditches 'husband' and 'wife' for gender neutral terms". LGBT Nation. March 15, 2016.
  19. ^ "Ohio Supreme Court Adopts Gender-Neutral Language". WYSO. March 15, 2016.
  20. ^ "Same-sex Couples in Ohio: A demographic summary" (PDF). The Williams Institute. April 2014.
  21. ^ "Characteristics of Same-Sex Couple Households: 2005 to Present". census.gov.
  22. ^ 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.
  23. ^ Rowland, Darrel (March 24, 2012). "Poll: Ohio marriage views shift". Columbus Dispatch. Retrieved March 25, 2013.
  24. ^ "Plurality Of Ohioans Support Gay Marriage". On Top Magazine. August 23, 2013.
  25. ^ Quinnipiac HomeRegional DefinitionsContacts and InformationStaffSearch Releases February 24, 2014 - Ohio Voters Back Medical Marijuana 8-1 Quinnipiac University Poll Finds; Support For Same-Sex Marriage Hits 50 Percent
  26. ^ A Shifting Landscape
  27. ^ OH Voters Are Focused on Job Creation, Opposed to Affordable Care Act, Split on Same-Sex Marriage, In Favor of Medical Marijuana:
  28. ^ "YouGov | Voters in 31 states favor same-sex marriage". YouGov: What the world thinks. Retrieved March 31, 2017.
  29. ^ "Public opinion on same-sex marriage by state". ava.prri.org.
  30. ^ "Public opinion on same-sex marriage by state: Ohio". ava.prri.org.
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