Ohio gay marriage laws

Law Facts: Ohio's Marriage Laws. Same-sex marriage has been legal in Ohio since the U.S. Supreme Court 's ruling in Obergefell v. Hodges, a landmark decision in which the court struck down the state's statutory and constitutional bans on same-sex marriage on June 26, [1]. 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.

In , the U.S. Supreme Court cleared the way for legal same-sex marriage across the county but in Ohio, the law still states that marriage can only be between one man and one woman. Ohio has very few laws in place to protect LGBTQ families from discrimination and ensure equal access to education, employment, housing, healthcare, and public accommodations.

In this environment, it is important to understand what the law is in each area and how best to protect your family. Same-sex marriages are legal and recognized in Ohio and across the United States. As a result, Ohio laws allow LGBT individuals and same-sex couples, including gays and lesbians, to lawfully become married. However, just like any married couple, matters involving domestic relationships are often highly sensitive and must be managed carefully.

If you need proper guidance on marriage, divorce, adoption, or other family law issues surrounding same-sex marriage, consulting with an experienced Ohio family law attorney is imperative. Attorney Douglas A. Ball has the diligence and expertise to advise and guide LGBTQ individuals and gay couples in the legal matters of same-sex marriage and divorce. As your legal counsel, Douglas A. Ball is available to discuss your unique circumstances and help you understand your different legal options.

In addition, Attorney Douglas A. Ball will walk you through the legal procedures involved and help you make informed decisions in your familial matters. Douglas A. Same-sex marriage — also referred to as gay marriage — can be described as a marital union or relationship between two individuals who are of the same legal sex — two men or two women.

In Ohio, same-sex marriage is legal. In addition, gay or lesbian couples in same-sex marriages will have the same rights and responsibilities as any other married heterosexual couple.

ohio gay marriage laws 2025

Following the U. Supreme Court's ruling on Obergefell v. Hodges in , same-sex couples in Ohio now have similar adoption rights as heterosexual couples. Prior to the ruling, only one parent in a same-sex marriage had any parental or legal rights to the couple's child. The other spouse — who didn't adopt or give birth to the child — had no legal right to the child.

Moreover, they would only be able to adopt the child if their partner relinquished their parental rights. Thankfully, same-sex couples who are legally married can now adopt a child together in Ohio. In addition, same-sex couples who weren't lawfully married when they had their child may be eligible to obtain parental rights through stepparent adoption. This may involve filing a petition to adopt your spouse's child in probate court.

Once the probate court approves your adoption request, you and your spouse will be listed on the birth certificate of the child. Also, both parents in same-sex marriage will have full legal rights and responsibilities to the child. A trusted family law attorney can enlighten you about the requirements for stepparent adoption, help file your petition, and improve your chances of a successful outcome.

Furthermore, issues of child custody and parenting time often result in various complexities during a same-sex divorce. Generally, physical and legal custody is usually determined based on the child's best interest and welfare in homosexual marriages. Also, under Ohio law, any child born during the term of the homosexual marriage is presumed to be the child of both parents. What's more, both spouses will be considered as legal parents of the child — and will have similar rights — if both parents adopted the child or the other parent adopted the child through stepparent adoption.

However, issues may arise if only one party in the same-same divorce is the child's biological parent and the stepparent adoption is yet to be finalized. As such, the court may award presumptive custody rights to the only legal parent.