TEXT OF OHIO DOMA AS PASSED BY THE STATE SENATE: Joshua Baker of IMAPP

Below is the actual text of the Ohio DOMA as passed by the Senate. There are some slight differences between the House and Senate versions needing to be worked out in committee. As far as I can tell, however, none of the differences involve any of the provisions below. The omitted text changes language regarding marriage by a "child" to marriage by a "minor," and clarifies dates with respect to the validity of common law marriages entered into before Ohio law prohibited such marriages.

It's being referred to as a "super-DOMA" because of the language discussing the benefits of marriage. In reality, the benefits language may be more symbolic than anything else. It seems this language would prevent administrative agencies of the State from offering DP benefits absent specific statutory authority. On the other hand, such action would likely require statutory authorization anyway, and this statute wouldn't prevent a subsequent benefits statute from being adopted, regardless of what the statute might say about such acts being void ab initio. I'm not entirely clear as to how this bill will impact state universities and local subdivisions of the state (cities/counties), but believe that the testimony indicated that local government would not be affected by the measure.

JKB

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Ohio H.B. 272

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3101.01 and 3105.12 of the Revised Code be amended to read as follows:
Sec. 3101.01. (A) Male persons of the age of eighteen years, and female persons of the age of sixteen years, not nearer of kin than second cousins, and not having a husband or wife living, may be joined in marriage. A marriage may only be entered into by one man and one woman. . . .

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(C)(1) Any marriage between persons of the same sex is against the strong public policy of this state. 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.
(2) Any marriage entered into by persons of the same sex in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state.
(3) The recognition or extension by the state of the specific statutory benefits of a legal marriage to nonmarital relationships between persons of the same sex or different sexes is against the strong public policy of this state. Any public act, record, or judicial proceeding of this state, as defined in section 9.82 of the Revised Code, that extends the specific statutory benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes is void ab initio. Nothing in division (C)(3) of this section shall be construed to do either of the following:
(a) Prohibit the extension of specific benefits otherwise enjoyed by all persons, married or unmarried, to nonmarital relationships between persons of the same sex or different sexes, including the extension of benefits conferred by any statute that is not expressly limited to married persons, which includes but is not limited to benefits available under Chapter 4117. of the Revised Code;
(b) Affect the validity of private agreements that are otherwise valid under the laws of this state.
(4) Any public act, record, or judicial proceeding of any other state, country, or other jurisdiction outside this state that extends the specific benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state.
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Section 3. In enacting new division (C) of section 3101.01 of the Revised Code in this act, all the following apply:
(A) The General Assembly declares and reaffirms the state of Ohio's historical commitment to the institution of marriage as a union between a man and a woman as husband and wife.
(B) The General Assembly declares its intent to define marriage and clarify that relationships that are intended as substitutes for marriage, including but not limited to "civil unions" as provided for in Vt. Stat. Ann. tit. 15, §1202 (2003), will not be recognized in this state. It is not the intent of the General Assembly to prohibit the extension of specific benefits otherwise enjoyed by all persons, married or unmarried, to relationships between persons of the same sex or different sexes.
(C) The General Assembly declares its intent not to make substantive changes in the law of this state that is in effect on the day prior to the effective date of this act with respect to the validity of marriages heretofore occurring within this state.
posted by Eve at 5:01 PM VOTE

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