'More important than ever' to repeal Ohio's same-sex marriage ban, lawmakers say
COLUMBUS, Ohio (WCMH) -- Statehouse legislators say it's "more important now than ever" to repeal Ohio's dormant same-sex marriage ban, concerned it could be reenacted if the U.S. Supreme Court overturns marriage equality.
Reps. Anita Somani (D-Dublin) and Jodi Whitted (D-Madeira) told NBC4 they are "continuing to fight" for House Bill 636, the "Marriage Equality Act" which was reintroduced in the Ohio House in June to remove revised code language adopted in 2004 that states "a marriage may only be entered into by one man and one woman."
"It is incredible important for us to support this legislation at the Statehouse," Somani said. "All Ohioans, no matter who they are, deserve the basic right to marry who they love. Now more than ever, it is imperative that we protect marriage equality in Ohio."
LGBTQ+ advocates argue the pair's act is needed given the Supreme Court has signaled it would like to reconsider Obergefell v. Hodges, the 2015 case legalizing same-sex marriage. In a concurring opinion to the June 2022 ruling overturning Roe v. Wade, Justice Clarence Thomas wrote justices "should reconsider all of this court's substantive due process precedents, including ... Obergefell."
Although H.B. 636 is unlikely to make it through the Statehouse before the end of the year, Whitted and Somani are urging the House Civil Justice Committee to host the bill's first hearing. Whitted, who is serving in the House until the end of the year after she was appointed to late Rep. Brigid Kelly's seat, said she is holding discussions for who will join Somani in advocating for the measure after her term ends.
"I firmly believe that the visibility of positive legislation impacting the LGBTQ+ community in Ohio is more important now than ever," said Whitted. "I believe in this bill. I still believe that action needs to be taken on H.B. 636 this [general assembly]. With everything happening in the world, I believe it is important to champion positive, inclusive legislation."
The act, which would also protect interracial marriage by adding language that says the state "shall not prohibit marriage between individuals of different races," would be the first of two major steps in aligning Ohio law with the protections for couples set by Obergefell.
While a federal law signed in 2022, the Respect for Marriage Act, requires a state to recognize same-sex marriages from elsewhere, it does not offer all the same protections in place by Obergefell, especially in Ohio. Should the Supreme Court deem same-sex marriage unconstitutional, the act allows states to determine whether to issue marriage licenses to same-sex couples.
Along with the 2004 language in the state's revised code, Ohio is one of 25 states home to a constitutional amendment that prohibits same-sex marriage and would be reenacted if Obergefell were overturned. Ohio passed the amendment to the state's constitution also in 2004 that 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."
If the Supreme Court overturns Obergefell, the Respect for Marriage Act only requires Ohio to recognize same-sex marriages from states where it is legal. So, if by then the lawmaker's Marriage Equality Act is signed into law, Ohioans would still need to propose and pass another constitutional amendment to override the 2004 amendment.
H.B. 636's previous version did not advance in the Statehouse. Rather than pass protections for same-sex couples, the Ohio legislature has prioritized an influx of bills that advocates deem anti-LGBTQ+, like the "anti-transgender" Senate Bill 104 which passed on Wednesday to ban Ohio's students from using school restrooms that don't align with their sex assigned at birth.
Should such a constitutional amendment be successful, Ohio would follow voters in California, Colorado and Hawaii who approved ballot measures on Nov. 5 to enshrine protections for same-sex marriage into their state constitutions.