In the midst of Ohio Republicans’ attack on anti-LGBTQ+ legislation, two LGBTQ+ equality bills were considered in a lame duck session on Tuesday, December 17 in the Ohio House of Representatives Civil Justice Committee. However, one of them was an orphan bill due to the resignation of the original sponsor, and the other one has been introduced at every general meeting since 2011 with no end in sight.
Officially HB 636The Marriage Equality Act, passed by state Rep. Jodi Whitted (D-Madera) and Republican Anita Somani (Dublin), would eliminate language in the Ohio Revised Code (ORC) that prohibits same-sex marriage, bringing Ohio into line with federal law. The bill would also prevent the state from enacting any prohibitions on marriage between people of different races.
There was a second bill HB524Ohio Fairness Act. The bill introduced by Rep. Michael Skindell (D-Lakewood) would expand the ORC definition of sex discrimination to include sexual orientation and gender identity or expression. It was also introduced in the Senate under SB 132 by State Senate Minority Leader Nickie Antonio (D-Lakewood) and has been introduced ten times so far.
Marriage equality hearing
Whitted and Somani provided sponsor testimony on the importance of HB 636. They emphasized that the legislation is a companion bill to the Integrity Act.
Whitted argued that the bill would bring Ohio into line with federal law.
“This first step is a starting point to show all Ohioans that their relationships are valued and recognized,” Whitted said. “Some might call it a performative first audition, but many would call it perseverance.”
In 2022 Dobbs v. Jackson Women’s Health Organization ruling that overturned Roe v. Wade, conservative Supreme Court Justice Clarence Thomas clearly mentioned overturn Obergefell v. Hodges — the landmark U.S. Supreme Court case that legalized same-sex marriage at the federal level.
“In future cases, we should reconsider all of the Court’s substantive due process precedents, including… Obergefell,” Thomas wrote.
If Obergefell is overturned and marriage equality returned to state control, Ohio will revert to language in the Ohio Revised Code (ORC) that limits marriage to the union of a man and a woman, thus giving real weight to the changes proposed under HB 636.
In her testimony, Somani cited what her constituents said about how vital marriage equality was to them.
“As leaders in this state, we need to think about how our actions impact our constituents and what message they send,” Somani said. “I believe the message we should send is that all Ohioans deserve the right to marry whomever they love without fear that their marriage may one day be annulled by law.”
The Civil Justice Committee had no questions for the authors of the bill.
Ohio Justice Act Hearing
HB 524 is about “fairness and decency,” Skindell said in his sponsor testimony.
“The Ohio Fairness Act moves Ohio to a worker-friendly state,” he said. “Without a nondiscrimination policy, Ohio falls behind other states in hiring the best and brightest professionals and staffing firms to relocate to our state.”
In his testimony, Skindell cited many studies, such as the 2018 American Values survey, which found that 68% of Ohioans support making discrimination against LGBTQ+ people illegal.
The the federal government and 24 states have LGBTQ+ protections in their employment discrimination laws. Currently, LGBTQ+ citizens not covered by state law can file complaints with the federal Equal Employment Opportunity Commission (EEOC) and go to federal courts.
The Civil Justice Committee also had no questions for Skindell.
The future of both bills
State Senator Nickie Antonio has introduced the Integrity Act in every General Assembly since she was first elected in 2011. With the lame duck coming to an end, it will likely need to be reintroduced in the next Assembly.
Skindell’s term ends in 2024 – he did not seek re-election – and Antonio’s current term will end in 2026.
Marriage equality, on the other hand, was an orphan bill that MP Jodi Whitted took from former MP Jessica Miranda after Whitted was appointed to her vacant seat.
Whitted’s district was redrawn, so she decided not to run again. Somani said during sponsor testimony that the bill will continue to be introduced. 🔥
START ACTION
- Contact details for the Civil Justice Commission can be found Here to share your thoughts on HB 636 and HB 524 with them.
- To view Buckeye Flame’s full guide to Ohio’s LGBTQ+ laws, click here.
