When was gay marriage legalized in ohio

The journey toward full marriage equality involved state-level legislative actions and a landmark federal court decision that ultimately redefined marital rights for all couples. "If someone can't benefit from the legal privileges that come along with marriage because of who they fall in love with, is that really equality?

Basically, it urges caution for judges before making decisions that could make dramatic changes.

“If the practical impact is to reverse or annul or put into question the validity of millions of people who have married since 2015, that's a really drastic outcome,” Joakim said. The group has said a statewide signature drive is expected to ramp up in January.

Advocates say the effort is driven by concerns that the Supreme Court could still revisit Obergefell.

This evolution has ensured that same-sex couples now possess the same legal standing as heterosexual couples.

Ohio’s Previous Marriage Laws

Before the federal ruling, Ohio laws and a constitutional amendment restricted marriage to opposite-sex couples. This constitutional amendment defined marriage as “a union between one man and one woman.” The ban went into effect on December 2, 2004.

The Supreme Court Ruling on Marriage Equality

The legal landscape for same-sex marriage was altered by the U.S.

Supreme Court’s decision in Obergefell v.

Similar legislation failed to advance in previous sessions, and the latest resolution has not moved forward as Ohio Equal Rights presses ahead with its citizen-led campaign. This legislation took effect on May 7, 2004.

Later that year, Ohio voters approved State Issue 1 on November 2, 2004.

Now, they must collect at least 413,487 valid signatures, including a specific number from at least 44 of Ohio's 88 counties, for each of the two proposals.

Regula said supporters plan to circulate both petitions simultaneously, but will not require volunteers to collect signatures for both if they are more supportive of a particular proposal.

"Circulating both of them does allow us to have those conversations about why we initially submitted this as a single issue," Regula said.

Hodges cleared the way for legal same-sex marriage across the country. That addition reads “Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions.”

Over a decade later, a case filed by Ohioan Jim Obergefell was heard by the Supreme Court and their 5-to-4 decision effectively legalized same-sex marriage in all 50 states.

But a court decision can not actually change a law.

The group will share updates on its website, www.ohioequalrights.org.

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Backers of these proposed amendments cleared an important hurdle on Aug. 8 when Ohio Attorney General Dave Yost authorized them to collect signatures. “Unlike some other states like Kentucky, we did not experience any denials and haven't since.”

That said, there is an impact.

“The only way to take that constitutional amendment out of the constitution is for the voters of Ohio to be given the opportunity to vote again to remove that,” he said. The proposal would have codified same-sex and interracial marriage.

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Earlier this year, Reps.

“If our nation’s Constitution becomes a mere suggestion of what rights every person enjoys,” Obergefell said at the time, “then Ohioans must propose and pass laws and amendments to protect those rights.”

Copyright 2025 Nexstar Media, Inc. All rights reserved. The code cannot be enforced, but it could come back to life if a future decision changes the constitutional interpretation by the Supreme Court.

While this is hypothetically possible, Joakim said it is improbable.

A companion proposal, knows as the “Equal Rights” amendment, would bar discrimination based on sexual orientation, gender identity and other protected categories.

Organizers must collect more than 442,000 valid signatures for each proposal to qualify for the November ballot. She said the change is long overdue.

“The fact that that law hasn't been changed yet, it shows that our legislature is out of tune with the will of the people today,” Joakim said, citing a 2021 Gallup poll that showed 70% support for legal same-sex marriage.

While Joakim would like to see the code change, she said the most important thing is that same-sex marriages are taking place in Ohio without any issues.

“We're not aware of anybody being denied marriages in Ohio.

In a concurring opinion to the 2022 decision overturning federal abortion rights, Justice Clarence Thomas wrote that the court should reconsider several past rulings, including marriage equality.

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“We need to recognize that marriage equality is very much in danger right now,” said Bennett Guess, executive director of the ACLU of Ohio, during a June appearance on NBC4’s “Out in Ohio.” Guess emphasized that if Obergefell were overturned, Ohio’s same-sex marriage would automatically snap back into effect.

Equality Ohio's legal clinic has seen difficulties when same-sex married couples try to adopt, for example.

“We experience challenges in adoptions depending on what court we're practicing in because if a judge confronts the statute that says husband and wife instead of spouse,” Joakim said, “it can be complicated for folks.” Currently, Equality Oho’s top legislative priority is passing the Ohio Fairness Act, a bill designed to ban housing, employment, and education discrimination based on someone’s sexuality or gender identity.

WOSU reached out to several lawmakers for comment on this story but did not receive a response.

Could the Supreme Court reverse its decision on same-sex marriage in the future?

As stated above, a Supreme Court ruling saying a statute is unconstitutional does not delete the statute from the books.

The decision struck down Ohio’s statutory and constitutional bans on same-sex marriage.

The Current Legal Standing of Same-Sex Marriage in Ohio

Currently, same-sex marriage remains legal and fully recognized in Ohio. Right after the decision was issued, our Ohio Supreme Court actually came out and directed courts,“ Joakim said.

Hodges (2015). This decision mandated that all 50 states, including Ohio, must issue marriage licenses to same-sex couples and recognize same-sex marriages performed in other states.