Ohio’s “DOMA” by Ed Mullen - Executive Director, Equality Ohio
In 2004, Ohio passed legislation also entitled the Defense of Marriage Act. This law provided that: (1) marriage was only between one man and one woman; (2) no same sex marriage, even if entered into in a state where same sex marriage is legal, would be valid in Ohio; and (3) the benefits of marriage shall not be extended to same sex couples.
Not satisfied with a statewide DOMA law, opponents of equal marriage rights in Ohio (as well as those who thought having such a divisive social issue on the ballot would drive up conservative turnout for the 2004 Presidential election) placed a proposed amendment to the Ohio Constitution on the ballot in 2004. This amendment, which passed by a margin of 62%-38%, recognizes marriage as only a union between one man and one woman, and provides that neither the state nor counties can give legal status to unmarried individuals whose relationships are intended to approximate the design or effect of marriage.
Accordingly, there is no right for same sex couples in Ohio to be married or to enter into civil unions. In addition, Ohio does not recognize same sex marriages or civil unions performed in state where they are legal. Several cities, counties and state universities have passed or implemented certain rights for all unmarried couples, such as domestic partner registries and domestic partner benefits. These laws, however, cover a small minority of Ohio’s population.
Equality Ohio is working to change the hearts and minds of folks throughout Ohio on equal marriage rights and expand the support for our relationships and our families. We are also working throughout the state to expand the legal rights of LGBT people and families within the current legal framework. Finally, we are working to lay the groundwork for not only repeal of the anti-marriage constitutional amendment and state law, but also enactment of full marriage rights for same sex couples. For more information, please contact us at info@equalityohio.org
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