Is gay marriage legal in ohio

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“So I think that even a somewhat conservative reading of stare decisis and how this court might apply it suggests that an outright overturning is somewhat unlikely.“

However unlikely a reversal might be, Cory Slack is determined to change Ohio’s code. To begin, let’s take a look at some of the basics of marital rights for same-sex couples in Ohio specifically.

Marriage Rights for Same-Sex Couples in Ohio

Since the U.S.

Supreme Court’s decision in Obergefell v. Hodges (2015). Section 3101.01 states “A marriage may only be entered into by one man and one woman.” Further, it says, “Any marriage between persons of the same sex is against the strong public policy of this state” and “Any marriage entered into by persons of the same sex in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state.”

Later that same year, Ohio voters passed an amendment to the state constitution.

This ruling established a constitutional right to marry for same-sex couples under the Fourteenth Amendment. At Douglas A. Ball Attorney at Law in Batavia, Ohio, the focus is on helping clients understand these rights as they relate to family law. 

Understanding the current laws can help same-sex couples protect their relationships, families, and assets.

Additionally, married couples can access financial benefits like spousal retirement benefits, employer-sponsored health insurance, and survivor benefits from Social Security. 

Couples should review estate plans and consider creating wills, trusts, and powers of attorney to secure their financial future. They can obtain marriage licenses, solemnize their unions, and have their marriages recognized with the full force of Ohio law.

This article aims to provide a comprehensive overview of same-sex marriage legality in Ohio, from its historical context to current protections and processes.

Current Legal Status of Same-Sex Marriage in Ohio

Same-sex marriage is currently legal in Ohio. 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 woman.

Regularly updating these documents as your circumstances change can help avoid unintended outcomes.

  • Establish parental rights: Complete second-parent adoptions or legal custody agreements to formalize both partners’ rights, particularly when raising children together. Understanding how these rights apply to family law issues can help couples make informed decisions.

    is gay marriage legal in ohio

    Next, we’ll discuss how a family law attorney can protect your rights.

    How an Attorney Can Help

    An attorney who focuses on family law can be instrumental in helping same-sex couples understand their legal rights. For example, issues with parental rights can arise if both partners aren't listed as legal parents. 

    Similarly, estate planning can become more complicated without the proper legal documents in place.

    The next section focuses on child custody and adoption rights for same-sex couples in Ohio.

    Child Custody and Adoption

    Ohio law allows same-sex couples to adopt children, whether through joint adoption, second-parent adoption, or stepparent adoption. For instance, same-sex spouses have equal inheritance rights, meaning they can inherit from their deceased spouse’s estate under Ohio Revised Code Chapter 2106.

    Hodges cleared the way for legal same-sex marriage across the country. This means that both parents in a same-sex relationship can seek custody or visitation rights if the relationship ends. 

    Courts evaluate factors such as the child's relationship with each parent, the stability of the home environment, and the parents' ability to meet the child’s needs.

    Next, we explore common questions about legal rights for same-sex couples in Ohio.

    Frequently Asked Questions

    Some common questions that same-sex couples in Ohio often ask about their legal rights include:

    • Can same-sex couples file joint tax returns in Ohio?
      Yes, same-sex couples can file both state and federal joint tax returns if they’re legally married.

    • Do same-sex couples have the same parental rights as opposite-sex couples?
      Yes, legally recognized parents in a same-sex relationship have the same rights and responsibilities as any other parents.

    • Can an employer deny health benefits to a same-sex spouse?
      No, employers must offer the same benefits to same-sex spouses as they do to opposite-sex spouses.

    • What happens to property if a same-sex couple divorces?
      Ohio follows equitable distribution laws, which aim to divide marital property fairly during a divorce.

    • Are there legal protections against discrimination for same-sex couples in public spaces?
      While federal laws prohibit employment and housing discrimination, Ohio doesn’t have statewide protections for public accommodations.

    Clear answers to these questions can help same-sex couples make informed decisions.

    This amendment stated, “Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions.” Ohio also enacted statutory laws, such as the Defense of Marriage Act in 2004, which banned same-sex marriage and prohibited the recognition of out-of-state same-sex marriages.

    The Landmark Federal Ruling

    The legal landscape for same-sex marriage in Ohio shifted with the U.S.

    Supreme Court’s decision in Obergefell v. Joint adoption enables both partners to be legal parents from the start, while second-parent adoption allows one partner to adopt a child the other partner has already legally adopted or given birth to. 

    In child custody cases, Ohio courts prioritize the best interests of the child.

    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. Ohio Revised Code Chapter 3105 governs these procedures, outlining the grounds for divorce, residency requirements, and the division of marital property and debts.

    They can make medical decisions for each other as next of kin and file joint tax returns at both federal and state levels. An attorney can also assist in addressing changes in laws that could affect your rights.

    • These steps empower couples to proactively manage their legal rights, reducing the risk of misunderstandings or disputes in the future.