same-sex marriage in the US state of Ohio is legal under the US Supreme Court ruling in Obergefell v. Hodges, an important decision in which the court crashes into Ohio law and a constitutional ban on the issuance of marriage permits for same-sex couples on June 26, 2015. The case was named after plaintiff Jim Obergefell, who sued the state of Ohio after officials refused to recognize his marriage on the death certificate of her husband. Same-sex marriage took place in Ohio beginning shortly after the Supreme Court issued its verdict, when local officials implemented the order.
Two lawsuits in federal court challenged Ohio's rejection of marital rights for same-sex couples, asking Ohio to recognize marriage from other jurisdictions in order to record a spouse on a death certificate and to record the name of the parent on a birth certificate. Judge Timothy Black, of the United States District Court for the Southern District of Ohio, ruled that Ohio should recognize same-sex marriage from other jurisdictions. He still runs his enforcement in general, but orders the state to recognize same-sex marriage to complete death certificates in all cases and for four birth certificates. Ohio Attorney General Mike DeWine appealed the verdict to the Sixth Circuit Court of Appeals, which consolidated two cases and held a verbal argument on August 6, 2014. The court upheld the Ohio ban on same-sex marriage on November 6, 2014. The US Supreme Court declared same-sex marriage law in the United States at Obertenfell v. Hodges on June 26, 2015.
Video Same-sex marriage in Ohio
Legal restrictions
As a result of the decision of the United States Supreme Court at Obergefell v. Hodges , same-sex couples are given the same privileges as the opposite sex partners, including joint adoption and stepchildren.
History
On December 10, 2003, the Ohio House of Representatives, voted 73-23, of Ohio's Defense of Marriage Act. On January 21, 2004, the Ohio State Senate passed the law, with a voice of 18 to 15 votes. On February 6, 2004, Governor Bob Taft signed the bill into law. Ohio's Defense Marriage Act prohibits same-sex marriages, along with "legal benefits from legal marriage for non-weddings". It also prohibits the recognition of the state on the same type of marriage.
On 2 November 2004, Ohio voters approved the Country Problem 1, a state that initiated constitutional amendments that prohibited the recognition of same-sex marriage, as well as any "legal status for unmarried individuals who intend to estimate design, quality, significance or marital effect" in the state of Ohio. This amendment entered into force on 2 December 2004.
Maps Same-sex marriage in Ohio
Legal Charges
Obergefell v. Hodges
- This case was previously laid out by Obergefell v. Wymyslo, then Obergefell v. Himes.
A fellow Cincinnati couple filed suit, Obergefell v. Kasich , in the Southern US District of Ohio on July 19, 2013, alleging that the state discriminates against equally legally married couples abroad. -from the country. On July 22, 2013, District Judge Timothy S. Black granted the motion of the couple, temporarily arresting the Ohio Clerk of receiving death certificates unless it records the status of the deceased on death as "married" and his partner as "living partner". On 13 August 2013, Black extended the temporary restraining order until the end of December. On December 23, 2013, Judge Black ruled that Ohio's refusal to recognize same-sex marriage from other jurisdictions was discriminatory and ordered Ohio to recognize same-sex marriage from other jurisdictions on death certificates.
Judge Black decided in a similar case at the same time. In Henry v. Wymyslo , four same-sex couples who legally married in other countries are demanding the state to register both parents on the birth certificate of their children. On April 14, 2014, Black decided that Ohio should recognize same-sex marriage from other jurisdictions, and on April 16, 2014 still enforce its verdict except for the birth certificate sought by the plaintiff.
On May 20, the Sixth Circuit consolidated both cases and on November 6 decided 2-1 that Ohio's ban on same-sex marriage did not violate the Federal Constitution. On January 16, 2015, the United States Supreme Court consolidated Obergefell v. Hodges with three other cases from Kentucky, Michigan and Tennessee, agreed to review the case. After hearing the oral argument in April next, the court ruled on June 26, 2015 that the constitutional ban of Ohio violated the Fourteenth Amendment of the United States Constitution on equal protection and the basis of legal proceedings. The decision means that the decision of the Third Circuit Court of Appeals was canceled earlier and same-sex couples began marrying in the state immediately.
Initiative to lift constitutional restrictions
In 2013, FreedomOhio and Equality Ohio sought the approval of state officials over a voting initiative that would replace constitutional amendments and allow same-sex marriage. Two prominent Republicans, Senator Rob Portman and former Attorney General Jim Petro, backed out a ban on same-sex marriage.
After Obergefell v. Hodges
On March 15, 2016, the Ohio Supreme Court decided to issue a gender-neutral reference in family court cases. The orders include fathers, mothers, parents and spouses in descriptions of terms that reveal family relationships that include divorce, child support, guardianship, adoption, domestic relationships and domestic violence. Orders come into effect on the same day.
Public opinion
A September 2012 poll by the Washington Post showed that 52% of Ohio residents surveyed said same-sex marriage should be legal, while 37 percent said it should be illegal.
A Saperstein poll in March 2013 for Columbus Dispatch revealed that 54% of Ohio residents surveyed supported the proposed amendment that would lift the 2004 constitutional ban on same-sex marriage.
The 2013 Public Policy Polls Survey of 551 Ohio voters found that 48% of respondents supported same-sex marriage, while 42% remained opposed. 10% said they were not sure. This survey was the first of the PPPs to find plurality support for same-sex marriage in Ohio. The poll also found that 69% of Ohioans support either marriage (44%) or civil unions (25%) for same-sex couples, including the majority (54%) of Republican voters. 27% of respondents said that there should be no legal recognition of same-sex partner relationships.
The February 2014 poll found that 50% of Ohio voters favor same-sex marriage, while 44% are against, and 5% do not know or do not apply to them. Another February 2014 poll, released two days later by the Institute for Public Religion Research, found that 53% of Ohio's population supported same-sex marriage, while 38% opposed, and 9% did not know or refused to answer.
The April 2014 poll by SurveyUSA found 49% of Ohio voters thought that same-sex marriage should not be legalized, with 43% thinking should and 8% uncertain.
The October 2014 poll by YouGov found 45% of Ohians support same-sex marriage, with 40% opposing such unions and 15% unsure.
The Religious Research Institute (PRRI) poll of 2016 found 56% of the majority supported same-sex marriage in Ohio. 35% opposed and 9% hesitant. In 2017, PRRI found that 61% of Ohioans supported same-sex marriage, while 33% opposed it and 6% were unsure.
See also
- LGBT Rights in Ohio
- The domestic partnership in Ohio
References
Source of the article : Wikipedia
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