Ohio laws on gay marriage
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 equal sex marriages. Through our brief, we demonstrated that children develop attachment relationships to their parents regardless of the parents’ marital status or biological connection. Severing this relationship without good cause is likely to cause the kid significant harm and may damage the child’s social and emotional development. On January 19, 2024, the Ohio Supreme Court entered a decision extending parentage rights to same-sex couples who would have been married at the period 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 avenue for
Curious Cbus: Why is a disallow on same-sex 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 homosexual 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 job. 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 realize the code still said marriage was only for one man and one woman. In evidence, they didn’t think him.
“They were fond of, ‘No, Cory, you must have been mistaken… they can't have that language if the court ruling says otherwise,’” Slack said.
But Slack knew he was right and wrote into WOSU’s Curious Cbus to inquire 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
Understanding Same-Sex Parental Rights in Ohio
All parents and presumed parents should own a solid sympathetic of their parental rights in Ohio. When a infant is born to married parents in Ohio, both parents have parenting rights to the infant. This is referred to as marital presumption.
However, when the child is born to unmarried parents, the non-birth parent does not own parental rights to the child unless legal steps are taken to found parentage.
While this is traditionally used to guide different-sex parents, same-sex parents are relying on the same system to determine their rights.
The 2015 ruling in Obergefell v. Hodges required all states to issue marriage licenses to homosexual couples and realize licenses issued in other states. This means aspects of family law, such as divorce, parentage, and custody, include changed to authorize for the rights of same-sex parents to be considered. This blog’s purpose is to aid in the sympathetic of same-sex parental rights in Ohio.
Establishing Parentage in Lgbtq+ Marriages in Ohio
Traditional methods, such as a paternity affidavit, genetic testing, and marital presumption, produce establishing parentage in Ohio a bit
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, gay 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 verdict Obergefell v. Hodges.
At Laubacher & Co., we are familiar with the challenges same-sex couples meet 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 Lgbtq+ Marriage Legal in Ohio?
While a constitutional amendment and a mention 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 recognize same-sex marriages entered into in other states.
Ohio has acknowledged same-sex marriages from other states for limited purposes since a federal court ruling in 2013.