LGBT rights in Ohio

LGBT rights in Ohio
Ohio (USA)
Same-sex sexual activity legal?	Legal since 1974
Gender identity/expression	—
Recognition of relationships	None
Restrictions:	Ohio State Issue 1 (2004) limits marriage to man/woman, places restrictions on non-marriage types of same-sex unions
Adoption	-
Discrimination protections	Prohibited within the government (see below)

Laws against same-sex sexual activity

Ohio repealed its sodomy law in December 1972.^[1]

Recognition of same-sex relationships

In 2004, voters approved a constitutional amendment, Ohio State Issue 1, that banned same-sex marriage and civil unions in the state. It passed with 62% of the vote.^[2] Domestic partnership registries were not affected, and several claims from supporters of State Issue 1 that claimed such registries conflicted with the amendment were dismissed in court.^[3] However, the measure did affect the state's domestic abuse laws; which barred charges of domestic abuse from being made if they occurred within a same-sex relationship.^[4]

Parenting

Single individuals can adopt in Ohio. Despite no explicit prohibition, courts have not allowed same-sex couples to do so. Second-parent adoptions are only available to someone recognized by the state as the spouse of the first parent.^[5]

Discrimination protections

Discrimination based on one's sexual orientation and gender identity is prohibited only within government employment, under the Ohio Government Order. There are no statewide protections in Ohio for sexual orientation and gender identity outside of Government employment. ^[6] As of 2009, there was a bill in the Ohio Legislature to outlaw discrimination on the basis of sexual orientation and gender identity in certain situations, such as contracts, insurance, housing, employment, both public and private.^[7] The bill passed the Ohio House by a vote of 56-38, but stalled in the Ohio Senate.^[8]

Gender reassignment

Following a 1987 court case, In re Ladrach, Ohio does not allow persons born in the state to amend the sex information on their birth certificates after sex reassignment surgery.^[9]

Public opinion

An August 2011 Public Policy Polling survey found that 33% of Ohio voters thought that same-sex marriage should be legal, while 53% thought it should be illegal and 14% were not sure. A separate question on the same survey found that 61% of Ohio voters supported the legal recognition of same-sex couples, with 28% supporting same-sex marriage, 33% supporting civil unions but not marriage, 36% favoring no legal recognition and 2% not sure.^[10]

A October 2011 Public Policy Polling survey found that 32% of Ohio voters thought that same-sex marriage should be legal, while 55% thought it should be illegal and 13% were not sure. A separate question on the same survey found that 62% of Ohio voters supported the legal recognition of same-sex couples, with 27% supporting same-sex marriage, 35% supporting civil unions but not marriage, 34% favoring no legal recognition and 3% not sure.^[11]

See also

	Ohio portal
	LGBT portal

• Politics of Ohio
• LGBT rights in the United States
• Rights and responsibilities of marriages in the United States
• Equality Ohio

References

1. ^ William N. Eskridge, Dishonorable Passions: Sodomy Laws in America, 1861-2003 (NY: Penguin Group, 2008), 201, available online, accessed April 9, 2011
2. ^ No hard feelings when left meets right halfway: Connie Schultz
3. ^ Ohio Court Affirms Dismissal of Lawsuit Over Domestic-Partner Benefits at Miami U.
4. ^ Ohio Domestic Violence Law Upheld
5. ^ Human Rights Campaign: Ohio Adoption Law, accessed June 28, 2011
6. ^ Statewide Employment Laws & Policies
7. ^ Human Rights Campaign Applauds Ohio House of Representatives for Approving Anti-Discrimination Bill
8. ^ Gay rights bill passes Ohio House
9. ^ Human Rights Campaign: Ohio Birth Certificate Law: Gender Identity Issues, accessed July 25, 2011; Lambda Legal: Sources of Authority to Amend Sex Designation on Birth Certificates, accessed July 25, 2011
10. ^ Public Policy Polling: "Ohio down on Boehner, blames Bush for economy," August 26, 2011, accessed August 26, 2011
11. ^ Public Policy Polling: "Boehner, Portman unpopular, more Cleveland than Cincy fans," October 25, 2011, accessed October 27, 2011