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Same-sex marriage has been legal inOhio since theU.S. Supreme Court's ruling inObergefell v. Hodges, a landmark decision in which the court struck down the state's statutory and constitutional bans on same-sex marriage on June 26, 2015.[1] This lawsuit, named after plaintiffJim Obergefell, was filed in federal court on July 19, 2013, challenging the denial of marriage rights to same-sex couples and asking Ohio to recognize marriages from other jurisdictions for the purpose of recording a spouse on adeath certificate.[2] JudgeTimothy Black of theU.S. District Court for the Southern District of Ohio ruled that Ohio must recognize same-sex marriages from other jurisdictions. Hestayed general enforcement of his ruling, but ordered the state to recognize out-of-state same-sex marriages for completing death certificates in all cases. Judge Black ruled in a second case,Henry v. Wymyslo, around the same time, ordering the state to recognize out-of-state same-sex marriages for the purpose of completing fourbirth certificates.Attorney GeneralMike DeWine appealed the rulings to theSixth Circuit Court of Appeals, which consolidated the two cases and heldoral arguments on August 6, 2014. That court upheld Ohio's ban on same-sex marriage on November 6, 2014. The U.S. Supreme Court overturned the decision and declared same-sex marriages legal in theUnited States inObergefell on June 26, 2015. The first same-sex marriages in Ohio were performed shortly after the Supreme Court released its ruling, as local officials implemented the order.[1]
Ohio had previously denied marriage rights to same-sex couples by statute and in itsState Constitution since 2004. Polling suggests that support for the legal recognition of same-sex marriage in the state generally increased in the years followingObergefell, with a 2022 poll from thePublic Religion Research Institute showing that 70% of Ohio residents supported same-sex marriage.[3]
Prior to May 7, 2004, same-sex marriage was neither recognized nor prohibited in Ohio. On December 10, 2003, theOhio House of Representatives passed theDefense of Marriage Act, by a 73–23 vote, banning same-sex marriage and "statutory benefits of legal marriage to nonmarital relationships", along with prohibiting state recognition of out-of-state same-sex marriages.[4][5] TheOhio Senate passed the legislation by a 18–15 vote on January 21, 2004. On February 6, GovernorBob Taft signed it into law, and it took effect on May 7, 2004. The ban was struck down by the U.S. Supreme Court inObergefell v. Hodges on June 26, 2015. Ohio's statutory prohibition on same-sex marriage, though unenforceable, remains on the books and has not been explicitly repealed. In 2023, representativesJessica Miranda andTavia Galonski introduced unsuccessful legislation to repeal the ban.[6]
On November 2, 2004, voters approvedState Issue 1, aninitiated constitutional amendment defining marriage as "a union between one man and one woman" and prohibiting 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 passed by a vote of 61.71% in favor and 38.29% against. It went into effect on December 2, 2004. The provisions in theConstitution of Ohio prohibiting same-sex marriage have since been declared unconstitutional, but they have not been explicitly repealed. In 2013, FreedomOhio andEquality Ohio sought state officials' approval for a ballot initiative to repeal the constitutional amendment and allow same-sex marriage.[7][8] Two prominentRepublicans, SenatorRob Portman and former Attorney GeneralJim Petro, gave their support to the campaign.[9] However, no initiative was placed on the ballot.
In 2024, activists announced they would push for a citizen-led ballot initiative to constitutionally protect Ohioans fromdiscrimination and repeal the ban on same-sex marriage.[10] Initially, this ballot measure would have both overturned the marriage ban and prohibited state and local governments from discriminating based on "race, color, creed or religion, sex, sexual orientation, gender identity or expression regardless of sex assigned at birth, pregnancy status, genetic information, disease status, age, disability, recovery status, familial status, ancestry, national origin or military and veteran status".[11] However, theOhio Ballot Board split the initiative into two on July 9, 2025—one to repeal the marriage ban and the other to ban discrimination. RepresentativeTerrence Upchurch criticized the decision to split the initiative, "It's one issue. It's cut and dry." An organizer for Ohio Equal Rights, a group created to campaign for the citizen-led ballot initiative, said, "There's definitely political will for using trans people to divide Ohioans. The hopeful side of me appreciates that they are recognizing the support for same-sex marriage. That's great."[12] Both initiatives, which were certified on August 8, require collecting 442,958 signatures in order to appear before voters.[13]
Lacking legal representation and support from the local LGBT community, a lesbian couple fromDayton sued the state inThorton v. Timmers in 1974, after being denied amarriage license. In 1975, a state court denied their request for a license and concluded that "it is the express legislative intent that those persons who may be joined in marriage must be of different sexes." A similar case,Fullington v. Ohio, was brought by Russ Stalk and David Fullington in 1990, but dismissed by an Ohio county municipal court on October 11, 1990.[14]
ACincinnati same-sex couple filed alawsuit,Obergefell v. Kasich, in theU.S. District Court for the Southern District of Ohio on July 19, 2013, alleging that the state discriminated against same-sex couples who had lawfully married out-of-state. The main plaintiff wasJim Obergefell, while the named-defendant was GovernorJohn Kasich. On July 22, 2013, District JudgeTimothy Black granted the couple's motion,temporarily restraining the vital statistics registrar from accepting anydeath certificate unless it recorded the deceased's status at death as "married" and his partner as "surviving spouse".[15] On August 13, 2013, Black extended the temporary restraining order until the end of December.[16] The case was restyledObergefell v. Wymyslo on September 25, with Health Department Director Theodore Wymyslo as the named defendant. Funeral director Robert Grunn was added to the lawsuit so that he could obtain clarification of his legal obligations under Ohio law when serving clients with same-sex spouses. 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.[17] Black ruled in a similar case around the same time. InHenry v. Wymyslo, four same-sex couples legally married in other states sued to force the state to list both parents on their children'sbirth certificates.[18] On April 14, 2014, Black ruled that Ohio must recognize same-sex marriages from other jurisdictions,[19] and on April 16stayed enforcement of his ruling except for the birth certificates sought by the plaintiffs.[20] Attorney GeneralMike DeWine announced plans toappeal the decisions.
On May 20, theSixth Circuit consolidated the two cases, nowObergefell v. Hodges with the appointment ofRichard Hodges as the new director of theOhio Department of Health, and on November 6 ruled 2–1 that Ohio's ban on same-sex marriage did not violate theConstitution of the United States.[21] On January 16, 2015, theU.S. Supreme Court consolidatedObergefell with three other cases fromKentucky,Michigan andTennessee, agreeing to review the case.[22] After hearingoral arguments the following April, the court ruled on June 26, 2015 that Ohio's constitutional ban violated theFourteenth Amendment of the U.S. Constitution onequal protection anddue process grounds. The ruling meant that the earlier Sixth Circuit Court of Appeals decision was reversed, and same-sex couples began immediately marrying in the state.[23] Governor Kasich said he was disappointed by the court ruling but stated, "They've made their decision and we just move on".[24] DeWine said he would comply with the decision, "While Ohio argued that the Supreme Court should let this issue ultimately be decided by the voters, the Court has now made its decision." Senator Portman issued the following statement, "In 2013, I decided to support marriage equality after I came to understand this issue better in the context of my own family. I can't help but view today's Supreme Court decision through that same lens. And as a father, I welcome today's decision. As I have said before, I would have preferred for this issue to be resolved by the democratic process in the states because I think you build a more lasting consensus that way. Now the Court has reached its decision, I hope we can move past the division and polarization the issue has caused." TheMayor of Columbus,Michael B. Coleman, said, "I am pleased with the Supreme Court's decision to overturn the ban on same-sex marriage because it represents true equality for all, regardless of who they love." State RepresentativeNickie Antonio welcomed the ruling, "From this day forward, all families – including families like mine – have the opportunity to experience the full depth and breadth of constitutional equality and the freedom to celebrate the love that binds our family, and all families – including those of same sex couples."[25]
Among the first same-sex couples to marry in Ohio were Roy Keith Garrett and Chris Richardson inCleveland on June 26 just hours after the Supreme Court's ruling. Two more couples, Jamie Moore and Tim Scott, and Patricia Hanen and Elaine McCoy, were married just minutes later in the same city.[26] Jimmie Beall and Mindy Ross, who had unsuccessfully applied for a license everyValentine's Day for the previous 7 or 8 years, were the first same-sex couple to receive a marriage license inColumbus.[24] Across the state, many couples rushed to their county courthouses in the hours after the court decision to apply for licenses, including inDayton,[27]Ironton,[28] andToledo.[29] MayorJohn Cranley officiated at the weddings of half a dozen same-sex couples on June 26 atFountain Square in Cincinnati.[30]
On March 15, 2016, theOhio Supreme Court ordered the use ofgender-neutral references in family court cases, replacing terms such as "husband" and "wife". The directive applies to words like "father", "mother", "parent" and "spouse" in its description of terms expressing familial relationships, which cover areas includingdivorce,child support,guardianships,adoption,domestic relations anddomestic violence.[31][32] The order took effect the same day.
Data from the2000 U.S. census showed that 18,937 same-sex couples were living in Ohio. By 2005, this had increased to 30,669 couples, likely attributed to same-sex couples' growing willingness to disclose their partnerships on government surveys. Same-sex couples lived in allcounties of the state and constituted 0.8% of coupled households and 0.4% of all households in the state. Most couples lived inFranklin,Cuyahoga andHamilton counties, but the counties with the highest percentage of same-sex couples were Franklin (0.74% of all county households) andDelaware (0.55%). Same-sex partners in Ohio were on average younger than opposite-sex partners, and more likely to be employed. However, the average and median household incomes of same-sex couples were lower than different-sex couples, and same-sex couples were also far less likely to own a home than opposite-sex partners. 22% of same-sex couples in Ohio were raising children under the age of 18, with an estimated 11,950 children living in households headed by same-sex couples in 2005.[33][34]
2018 estimates from theUnited States Census Bureau showed that there were about 32,900 same-sex households in Ohio.[35] This represented an increase compared to 2017 (about 31,400 households), 2016 (about 27,600 households), 2015 (about 26,850 households) and 2014 (about 26,000 households). The Census Bureau estimated that 54.4% of same-sex couples living in the state in 2018 were married. The2020 U.S. census showed that there were 17,986 married same-sex couple households (7,303 male couples and 10,683 female couples) and 17,654 unmarried same-sex couple households in Ohio.[36]
A March 2013 Saperstein poll forThe Columbus Dispatch revealed that 54% of Ohio residents surveyed supported a proposed amendment to repeal the state's 2004 constitutional ban on same-sex marriage.[37] The August 2013Public Policy Polling (PPP) survey found that 48% of respondents supported same-sex marriage, while 42% remained opposed and 10% said they were not sure. The organization also found that 69% of Ohio respondents supported either marriage (44%) orcivil unions (25%) for same-sex couples, including a majority (54%) ofRepublican voters. 27% of respondents said that there should be no legal recognition of same-sex relationships.[38]
