Ohio faces ongoing efforts to solidify equal rights for its LGBTQ+ citizens, a decade after the Supreme Court’s landmark Obergefell v. Hodges decision effectively overturned the state’s ban on gay marriage. While the 2015 ruling legalized same-sex marriage nationwide and rendered Ohio’s 2004 constitutional ban unenforceable, the ban technically remains on the books. Now, Ohio Equal Rights is spearheading a drive to formally repeal the dormant ban and institute broader anti-discrimination protections.
The Obergefell Decision and its Aftermath
The U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges was a watershed moment for marriage equality in the United States. The decision mandated that all states recognize same-sex marriages, effectively nullifying state-level bans like the one in Ohio. This meant that same-sex couples in Ohio gained the same legal rights and recognition as heterosexual couples, including benefits related to healthcare, inheritance, and adoption.
However, the Ohio constitutional ban, passed in 2004, was not automatically removed from the state’s constitution. It simply became unenforceable under federal law. This has led to ongoing concerns among advocates who fear that the ban could be revived if the Supreme Court were to reverse its decision in the future. The continued presence of the ban is also seen as a symbolic affront to the LGBTQ+ community in Ohio.
Ohio Equal Rights Amendment: A Two-Pronged Approach
Ohio Equal Rights is an organization dedicated to achieving full equality for LGBTQ+ individuals in Ohio. Their primary focus in recent years has been the proposed “Ohio Equal Rights Amendment,” a comprehensive effort to amend the state constitution. This amendment aims to accomplish two key objectives:
- Formally repeal the dormant ban on gay marriage.
- Enact broader protections against discrimination based on sexual orientation and gender identity, along with other factors.
These protections would extend to areas such as employment, housing, and public accommodations, ensuring that LGBTQ+ individuals are treated equally under the law.
Ballot Board Decision: A Setback for Advocates
In July 2025, the Ohio Ballot Board made a decision that significantly complicated the path forward for the Ohio Equal Rights Amendment. In a party-line vote, the board decided to split the proposed amendment into two separate ballot issues. As reported by WSYX ABC 6 News, this decision means that proponents must now gather signatures for two separate petitions, effectively doubling the number of signatures required to get both proposals on the ballot. The board argued that the two components of the amendment – repealing the marriage ban and establishing anti-discrimination protections – were not sufficiently related to be considered a single issue.
The decision has been widely criticized by LGBTQ+ advocates and legal experts. They argue that the two components are intrinsically linked, as both aim to ensure equal rights and protections for LGBTQ+ individuals in Ohio. Splitting the amendment into two issues creates a significant logistical and financial burden for proponents, potentially jeopardizing their ability to get both proposals on the ballot.
The Path Forward: Signature Gathering and Potential Legal Challenges
Following the Ohio Ballot Board’s decision, Ohio Equal Rights faces a critical juncture. They have two primary options:
- Embark on a massive signature-gathering campaign to collect the required number of signatures for both ballot issues. This would require significant resources and a well-organized grassroots effort.
- Challenge the Ballot Board’s decision in the Ohio Supreme Court. Proponents could argue that the board abused its discretion by splitting the amendment into two issues and that the decision is politically motivated.
As of August 2025, Ohio Equal Rights is reportedly weighing its options and considering all available legal and political strategies. The organization is eyeing the 2026 ballot as the target for these initiatives, but the timeline remains uncertain given the challenges they face.
Ohio’s Stance on Equal Rights
The fight for equal rights in Ohio is far from over. While the Obergefell v. Hodges decision was a major victory, the ongoing efforts to repeal the dormant marriage ban and enact broader anti-discrimination protections demonstrate the continued need for advocacy and legal reform. The Ohio Ballot Board’s decision to split the Ohio Equal Rights Amendment into two separate issues represents a significant obstacle, but it has also galvanized LGBTQ+ advocates and their allies. The coming months will be crucial as Ohio Equal Rights determines its next steps and continues the fight for full equality in the Buckeye State.
