| LGBT rights in Ohio | |
|---|---|
Ohio (USA) |
|
| Same-sex sexual activity legal? | Legal since 1974 |
| Gender identity/expression | — |
| Recognition of relationships |
None |
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Restrictions:
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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) |
Lesbian, gay, bisexual and transgender (LGBT) persons in the state of Ohio face legal challenges and discrimination not experienced by non-LGBT residents.
Contents |
Ohio repealed its sodomy law in December 1972.[1]
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]
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 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]
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]
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]
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