LGBT rights in Ohio
| LGBT rights in Ohio | |
|---|---|
 Ohio (USA) |
|
| Same-sex sexual activity legal? | Legal since 1974 |
| Discrimination protections | Prohibited within government employment |
| Family rights | |
| Recognition of relationships |
Domestic Partnership Registries in certain cities |
Lesbian, gay, bisexual and transgender (LGBT) persons in the state of Ohio face legal challenges and discrimination not experienced by non-LGBT residents.
Contents |
Laws against same-sex sexual activity [edit]
Ohio adopted its first sodomy law in 1885 and revised it to include fellatio in 1889. It became the eighth state to repeal its sodomy statute on December 22, 1972. It remained a misdemeanor to propose sodomy to another person, but in 1979 a state court decision narrowed that provision to cover only cases in which the proposition was "unwelcome".[1]
Recognition of same-sex relationships [edit]
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,[citation needed] nor did the measure affect the state's domestic abuse laws.[3]
A September 2012 poll by the Washington Post indicated that 52 percent of Ohio residents surveyed said that gay marriage should be legal, while 37 percent said it should be illegal.[4]
A March 2013 Saperstein poll for the Columbus Dispatch revealed that 54 percent of Ohio residents surveyed supported a proposed amendment that would overturn the state's 2004 constitutional ban on same-sex marriage. [5]
Domestic Partnership Registries [edit]
Nine cities in Ohio offer domestic partnership registries. The first city to offer domestic partnerships was Cleveland Heights in 2003, which was passed by voter referendum.[6] Toledo began offering domestic partnerships in 2007.[7] In 2008, the Cleveland City Council created a domestic partner registry.[8] In 2011, the Athens City Council established a domestic partner registry.[9] In 2012, the Dayton City Commission,[10] the Cincinnati City Council, and the Columbus City Council approved ordinances creating domestic partnership registries.[11][12] Yellow Springs and Oberlin created domestic partnership registries in 2012, as did Cuyahoga County.[13][14][15]
Parenting [edit]
Single homosexual individuals are permitted to adopt in Ohio.[16] 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.
Discrimination protections [edit]
Discrimination based on sexual orientation, but not gender identity, is prohibited within state employment by an executive order issued by Governor John Kasich on January 21, 2011.[17] There are no statewide protections in Ohio for sexual orientation and gender identity outside of state employment.
Twenty-nine Ohio cities and counties have anti-discrimination ordinances prohibiting discrimination of the basis of sexual orientation.[18]
Freedom of expression [edit]
In 2012, 16 year-old high school student Maverick Couch, represented by Lambda Legal, sued the Waynesville Local School District after being told he could not come to school wearing a t-shirt with the words "Jesus is not a homophobe" because it was "sexual in nature and therefore indecent".[19] The suit ended in a judgement in federal court in Cincinnati agreed to by all parties to the suit that affirmed Couch's right to wear the shirt to school and ordered the school district to pay $20,000 in damages and legal fees.[20][21]
Gender reassignment [edit]
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 following sex reassignment surgery.[22]
See also [edit]
- Politics of Ohio
- LGBT rights in the United States
- Rights and responsibilities of marriages in the United States
- Equality Ohio
References
- ^ Eskridge, William N. (2008). Dishonorable Passions: Sodomy Laws in America, 1861-2003. NY: Viking Penguin. pp. 49, 50, 180.
- ^ Schultz, Connie (March 11, 2009). "No hard feelings when left meets right halfway". Cleveland Plain Dealer. Retrieved December 14, 2012.
- ^ Weiss, Debra Cassens. "Ohio Domestic Violence Law Upheld". ABA Journal. Retrieved December 15, 2012.
- ^ Somashekhar, Sandhya; Craighill, Peyton M. (October 9, 2012). "Polls in Fla., Ohio and Va. see same-sex marriage support". Washington Post. Retrieved December 15, 2012.
- ^ Rowland, Darrel (March 24, 2012). "Poll: Ohio marriage views shift". Columbus Dispatch. Retrieved March 25, 2013.
- ^ http://www.clevelandheights.com/index.aspx?page=339
- ^ http://www.ci.toledo.oh.us/ToledoCityCouncil/DomesticPartnerships/tabid/466/Default.aspx
- ^ Blog.Cleveland.com
- ^ City to start registering domestic partners
- ^ http://www.cityofdayton.org/cco/Pages/Registry.aspx
- ^ http://www.ontopmag.com/article.aspx?id=11851&MediaType=1&Category=26
- ^ http://www.plunderbund.com/2012/07/31/columbus-city-council-creates-domestic-partner-registry/
- ^ http://www.ontopmag.com/article.aspx?id=11851&MediaType=1&Category=26
- ^ http://www.cleveland.com/cuyahoga-county/index.ssf/2012/02/cuyahoga_county_approves_domestic_partner_benefits.html
- ^ http://chronicle.northcoastnow.com/2012/09/21/oberlin-council-approves-domestic-partner-registry/
- ^ http://www.hrc.org/laws-and-legislation/entry/ohio-adoption-law
- ^ "Establishing an Anti-Discrimination Policy in State Government Employment". Order 2011-05K, January 21, 2011. State of Ohio. Retrieved December 15, 2012.
- ^ "Anti-discrimination Ordinances in Ohio". ACLU of Ohio. Retrieved April 21, 2013.
- ^ Martin, Shawn (April 4, 2012). "Ohio teen Maverick Couch takes school to court over 'Jesus is not a homophobe' shirt". ABC15. Retrieved December 15, 2012.
- ^ Budd, Lawrence (May 4, 2012). "District proposes T-shirt case settlement". The Western Star. Retrieved December 15, 2012.
- ^ Michael, Gryboski (May 22, 2012). "Court Judgment: Ohio Student Can Wear 'Jesus Is Not a Homophobe' Shirt,". Christian Post. Retrieved December 15, 2012.
- ^ Levi, Jennifer L.; Monnin-Browder, Elizabeth E., eds. (2012). Transgender Family Law: A Gudie to Effective Advocacy. Bloomington, IN: AuthorHouse. pp. 59n58.
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