Ohio gay marriage
Cleveland Same-Sex Marriage Lawyers
Helping You Navigate Queer Marriage Laws in Ohio
Same-sex individuals often face unique challenges when attempting to navigate family rule cases. For example, same-sex couples could not get legally married in all states until the 2015 legalization of gay marriage by the US Supreme Court in the landmark decision Obergefell v. Hodges.
At Laubacher & Co., we are familiar with the challenges queer couples face when attempting to legalize their unions or pursuing other family law processes, such as adopting a child. We'll serve 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 Gay Marriage Legal in Ohio?
While a constitutional amendment and a articulate law passed in 2004 previously banned same-sex marriages in Ohio, the U.S. Supreme Court commanded on June 26, 2015, that all 50 states must both: (i) issue marriage licenses to same-sex couples, and (ii) fully know 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.
Obergefell v. Hodges
Two individuals, James Obergefell and John Arthur James filed a lawsuit challenging the state’s refusal to recognize gay marriage on death certificates. The two were legally married in Maryland in 2013. Mr. Arthur, who suffered from a terminal illness, died several months after litigation began. Due to Ohio law, under both the Ohio Constitution and the Ohio Revised Code, plaintiffs believed that articulate officials would refuse to show Mr. Arthur was married at the time of his death and that Mr. Obergefell was his spouse.
The plaintiffs filed the case on July 19, 2013 in the United States District Court for the Southern District of Ohio, and the case was assigned to Judge Timothy S. Black. The original defendants were Governor John Kasich, Attorney General Mike DeWine and Registrar of the City of Cincinnati Health Department, Office of Crucial Records, Dr. Camille Jones. On July 22, 2013, Judge Shadowy granted a temporary restraining command that required the state to recognize the marriage of Mr. Obergefell and Mr. Arthur on Mr. Arthur’s death certificate.
On September 26, 2013, the plaintiffs filed an amended complaint adding two additional
Overturning gay marriage bar and adding LGBTQ protections just got harder. Find out why.
Ohio Republicans added another hurdle for proponents of a measure to overturn Ohio's dormant disallow on same-sex marriage and expand anti-discrimination protections for LGBTQ residents.
In a party-line vote, Ohio Ballot Board divided the Ohio Equal Rights Amendment into two issues: one to overturn a 2004 vote that defined marriage as between one man and one woman and another that would prohibit state and local government from discriminating against more than a dozen protected groups, including transgender Ohioans.
To create the ballot, proponents will either contain to collect double the number of signatures to acquire both proposals approved or sue the Ohio Ballot Board to overturn its decision. Backers are eyeing the 2026 ballot at the earliest, said Lis Regula, a member of Ohio Matching Rights' leadership committee.
During the July 9 meeting, the ballot campaign's attorney Corey Colombo argued that the proposed constitutional amendment was one issue because it encompassed equal rights for all Ohioans.
But Republicans contended that transgender issues and marriage equality are two different things
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 employment. 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 chick. In fact, they didn’t believe him.
“They were favor, ‘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