Gay marriage legal in ohio
The Ohio Revised Code Doesn’t Thank Same-Sex Marriage
Currently, the Ohio Revised Code is not updated to match the new Federal laws that protect queer marriage. Section 3101.01 defines marriage between a man and a woman and doesn’t acknowledge lgbtq+ marriage from Ohio or any other state.
In June 2015, the Supreme Court ruled in Obergefell v. Hodges, the Federal legalization of same-sex marriage. In April, Obergefell v. Hodges originated in the states of Ohio, Michigan, Kentucky, and Tenessee when several same-sex couples filed suits in their home states' Federal District Courts. The couples claimed that the bans on same-sex marriage in their abode states violated their fourteenth amendment by denying the right to marry or have marriages.
The Ohio Revised Code Section 3101.01 was updated on April 8, 2019, four years after same-sex marriage was federally known. This means that while the Federal law protects queer marriage, the Ohio State law still doesn’t protect queer marriage, even though the Supreme Court case Obergefell v. Hodges originated in Ohio. If the federal law protecting lgbtq+ marriage were lifted, then the mention l
Cleveland Same-Sex Marriage Lawyers
Helping You Navigate Gay Marriage Laws in Ohio
Same-sex individuals often face unique challenges when attempting to navigate family law cases. For example, lgbtq+ couples could not get legally married in all states until the 2015 legalization of male lover marriage by the US Supreme Court in the landmark conclusion Obergefell v. Hodges.
At Laubacher & Co., we are familiar with the challenges same-sex couples tackle when attempting to legalize their unions or pursuing other family law processes, such as adopting a child. We'll help you work towards an ideal outcome in your legal dispute.
To schedule a consultation with our team, contact us online or via phone at (440) 336-8687.
Is Queer Marriage Legal in Ohio?
While a constitutional amendment and a declare law passed in 2004 previously banned same-sex marriages in Ohio, the U.S. Supreme Court dictated on June 26, 2015, that all 50 states must both: (i) issue marriage licenses to same-sex couples, and (ii) fully recognize same-sex marriages entered into in other states.
Ohio has known same-sex marriages from other states for limited purposes since a federal court ruling in 2013.
Curious Cbus: Why is a ban on lgbtq+ marriage still part of the Ohio Revised Code?
In 2015, the U.S. Supreme Court decision of Obergefell v. Hodges cleared the way for legal same-sex marriage across the country. After so many years and tens of thousands of same-sex marriages in Ohio, the letter of the law still states that marriage can only be between one man and one woman.
This was a surprise to Cory Slack, a disability rights advocate who often spends time reading the Ohio Revised Code as part of his profession. One day he was looking at the marriage section and was shocked to see the language was not changed.
When Slack shared his discovery with friends, he learned that many didn’t know the code still said marriage was only for one man and one girl. In fact, they didn’t believe him.
“They were fancy , ‘No, Cory, you must have been mistaken… they can't have that language if the court verdict says otherwise,’” Slack said.
But Slack knew he was right and wrote into WOSU’s Curious Cbus to ask why same-sex couples are specifically listed in the Ohio Revised Code as people who cannot get married?
State lawmakers changed the code in 2004, adding language that banned s
In legal victory, Ohio Supreme Court extends parental rights to same-sex couples
The National Association of Social Workers (NASW) and American Civil Liberties Union (ACLU) Ohio in April 2023, submitted an amicus brief to the Ohio Supreme Court advocating for the rights of parents in same sex marriages. Through our brief, we demonstrated that children evolve attachment relationships to their parents regardless of the parents’ marital status or biological connection. Severing this relationship without good cause is likely to generate the child significant harm and may damage the child’s social and sentimental development. On January 19, 2024, the Ohio Supreme Court entered a verdict extending parentage rights to same-sex couples who would include been married at the time of their child’s conception but for Ohio’s unconstitutional ban on same-sex marriage.
In the case before the Court, In re L.E.S., two women had a 12-year romantic relationship that pre-dated the U.S. Supreme Court’s landmark decision in Obergefell v. Hodges, which held that bans on same-sex marriage are unconstitutional. Before Obergefell, Ohio prohibited same-sex marriage and did not provide a legal street for