REPRESENTATIVES Seitz, McGregor, Calvert, Fessler, Wolpert, Hoops, Clancy, Schmidt, Willamowski, Schneider, Setzer, Aslanides, Raga, Young, Wagner, Webster, Buehrer, Daniels, Collier, Hagan, Cates, Schaffer, Gilb, Reidelbach, Niehaus, Latta, Seaver, Faber, D. Evans, Flowers, Taylor, Grendell, Brinkman

To amend section 3101.01 of the Revised Code to

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specifically declare that same-sex marriages are

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against the strong public policy of the state, to

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declare that the recognition or extension by the

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state of the specific statutory benefits of legal

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marriage to nonmarital relationships is against

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the public policy of the state, and to make other

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declarations regarding same-sex marriages.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3101.01 of the Revised Code be	9
amended to read as follows:	10

Sec. 3101.01. (A) Male persons of the age of eighteen years,	11
and female persons of the age of sixteen years, not nearer of kin	12
than second cousins, and not having a husband or wife living, may	13
be joined in marriage. A marriage may only be entered into by one	14
man and one woman. A minor mustshall first obtain the consent of	15
the minor's parents, surviving parent, parent who is designated	16
the residential parent and legal custodian of the childminor by a	17
court of competent jurisdiction, guardian, or any one of the	18
following who has been awarded permanent custody of the minor by a	19
court exercising juvenile jurisdiction:	20

(A)(1) An adult person;

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(B)(2) The department of job and family services or any child	22
welfare organization certified by suchthe department;	23

(C)(3) A public children services agency.

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A(B)For the purposes of division (A) of this section, a	25
minor shall not be required to obtain the consent of a parent who	26
resides in a foreign country, has neglected or abandoned suchthe	27
minor for a period of one year or longer immediately preceding the	28
minor's application for a marriage license, has been adjudged	29
incompetent, is an inmate of a state mental or correctional	30
institution, has been permanently deprived of parental rights and	31
responsibilities for the care of the childminor and the right to	32
have the childminor live with the parent and to be the legal	33
custodian of the childminor by a court exercising juvenile	34
jurisdiction, or has been deprived of parental rights and	35
responsibilities for the care of the childminor and the right to	36
have the childminor live with the parent and to be the legal	37
custodian of the childminor by the appointment of a guardian of	38
the person of the minor by the probate court or by any other	39
another court of competent jurisdiction.	40

(C)(1) Any marriage between persons of the same sex is	41
against the strong public policy of this state. Any marriage	42
between persons of the same sex shall have no legal force or	43
effect in this state and, if attempted to be entered into in this	44
state, is void ab initio and shall not be recognized by this	45
state.	46

(2) Any marriage entered into by persons of the same sex in	47
any other jurisdiction shall be considered and treated in all	48
respects as having no legal force or effect in this state and	49
shall not be recognized by this state.	50

(3) The recognition or extension by the state of the specific	51
statutory benefits of a legal marriage to nonmarital relationships	52
between persons of the same sex or different sexes is against the	53
strong public policy of this state. Any public act, record, or	54
judicial proceeding of this state, as defined in section 9.82 of	55
the Revised Code, that extends the specific statutory benefits of	56
legal marriage to nonmarital relationships between persons of the	57
same sex or different sexes is void ab initio. Nothing in division	58
(C)(3) of this section shall be construed to do either of the	59
following:	60

(a) Prohibit the extension of specific benefits otherwise	61
enjoyed by all persons, married or unmarried, to nonmarital	62
relationships between persons of the same sex or different sexes,	63
including the extension of benefits conferred by any statute that	64
is not expressly limited to married persons;	65

(b) Affect the validity of private agreements that are	66
otherwise valid under the laws of this state.	67

(4) Any public act, record, or judicial proceeding of any	68
other state, country, or other jurisdiction outside this state	69
that extends the specific benefits of legal marriage to nonmarital	70
relationships between persons of the same sex or different sexes	71
shall be considered and treated in all respects as having no legal	72
force or effect in this state and shall not be recognized by this	73
state.	74

Section 2. That existing section 3101.01 of the Revised Code	75
is hereby repealed.	76

Section 3. In enacting new division (C) of section 3101.01 of	77
the Revised Code in this act, all the following apply:	78

(A) The General Assembly declares and reaffirms the state of	79
Ohio's historical commitment to the institution of marriage as a	80
union between a man and a woman as husband and wife.	81

(B) The General Assembly declares its intent to define	82
marriage and clarify that relationships that are intended as	83
substitutes for marriage, including but not limited to "civil	84
unions" as provided for in Vt. Stat. Ann. tit. 15, §1202	85
(2003), will not be recognized in this state. It is not the intent	86
of the General Assembly to prohibit the extension of specific	87
benefits otherwise enjoyed by all persons, married or unmarried,	88
to relationships between persons of the same sex or different	89
sexes.	90

(C) The General Assembly declares its intent not to make	91
substantive changes in the law of this state that is in effect on	92
the day prior to the effective date of this act with respect to	93
the validity of marriages heretofore occurring within this state.	94