STATUTE
Persons who may marry; same sex marriages against
public policy; recognition or extension by state of specific
statutory benefits of legal marriage to nonmarital relationships
against public policy
(A) Male persons of the age of eighteen years, and female
persons of the age of sixteen years, not nearer of kin than
second cousins, and not having a husband or wife living,
may be joined in marriage. A marriage may only be entered
into by one man and one woman. A minor shall first obtain
the consent of the minor's parents, surviving parent, parent
who is designated the residential parent and legal custodian
of the minor by a court of competent jurisdiction, guardian,
or any one of the following who has been awarded permanent
custody of the minor by a court exercising juvenile jurisdiction:
(1) An adult person;
(2) The department of job and family services or any
child welfare organization certified by the department;
(3) A public children services agency.
(B) For the purposes of division (A) of this section,
a minor shall not be required to obtain the consent of a
parent who resides in a foreign country, has neglected or
abandoned the minor for a period of one year or longer immediately
preceding the minor's application for a marriage license,
has been adjudged incompetent, is an inmate of a state mental
or correctional institution, has been permanently deprived
of parental rights and responsibilities for the care of
the minor and the right to have the minor live with the
parent and to be the legal custodian of the minor by a court
exercising juvenile jurisdiction, or has been deprived of
parental rights and responsibilities for the care of the
minor and the right to have the minor live with the parent
and to be the legal custodian of the minor by the appointment
of a guardian of the person of the minor by the probate
court or by another court of competent jurisdiction.
(C)
(1) Any marriage between persons of the same sex is against
the strong public policy of this state. Any marriage between
persons of the same sex shall have no legal force or effect
in this state and, if attempted to be entered into in
this state, is void ab initio and shall not be recognized
by this state.
(2) 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.
(3) The recognition or extension by the state of the
specific statutory benefits of a legal marriage to nonmarital
relationships between persons of the same sex or different
sexes is against the strong public policy of this state.
Any public act, record, or judicial proceeding of this
state, as defined in section 9.82 of the Revised Code,
that extends the specific statutory benefits of legal
marriage to nonmarital relationships between persons of
the same sex or different sexes is void ab initio. Nothing
in division (C)(3) of this section shall be construed
to do either of the following:
(a) Prohibit the extension of specific benefits otherwise
enjoyed by all persons, married or unmarried, to nonmarital
relationships between persons of the same sex or different
sexes, including the extension of benefits conferred
by any statute that is not expressly limited to married
persons, which includes but is not limited to benefits
available under Chapter 4117. of the Revised Code;
(b) Affect the validity of private agreements that
are otherwise valid under the laws of this state.
(4) Any public act, record, or judicial proceeding of
any other state, country, or other jurisdiction outside
this state that extends the specific benefits of legal
marriage to nonmarital relationships between persons of
the same sex or different sexes 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.
(Ohio Revised Code section 3101.01)
CONSTITUTION
Ohio Const. Art. XV, sec. 11 (approved by the electorate
on November 2, 2004):
Only a union between one man and one woman may be a marriage
valid in or recognized by this state and its political subdivisions.
This state and its political subdivisions shall not create
or recognize a legal status for relationships of unmarried
individuals that intends to approximate the design, qualities,
significance or effect of marriage.
Brinkman v. Miami University
Miami University of Ohio confers a status to same sex domestic partnership through their benefits program, thereby violating the Ohio Marriage Amendment. On November 20, 2006, the court granted Defendants' Motion for Summary Judgment, declaring that plaintiff (as citizen of Ohio) does not have standing to challenge a domestic partnership status and benefits plan as violating the state constitution. A Notice of Appeal was filed on December 15, 2006. Oral argument took place on July 2, 2007. On August 27, 2007 the Ohio Court of Appeals affirmed the judgment of the trial court.
State
v. Blackwell
Writs of mandamus and prohibition sought to prevent placing
of Marriage Protection Amendment on November 2, 2004 ballot.
