SENATORS Harris, Blessing, Amstutz, Carey, Hottinger

To amend sections 3101.01 and 3105.12 of the Revised

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Code to specifically declare that same-sex

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marriages are against the strong public policy of

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the state, to declare that the recognition or

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extension by the state of the specific statutory

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benefits of legal marriage to nonmarital

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relationships is against the public policy of the

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state, and to make other declarations regarding

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same-sex marriages.

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

Section 1. That sections 3101.01 and 3105.12 of the Revised	10
Code be amended to read as follows:	11

Sec. 3101.01. (A) Male persons of the age of eighteen years,	12
and female persons of the age of sixteen years, not nearer of kin	13
than second cousins, and not having a husband or wife living, may	14
be joined in marriage. A marriage may only be entered into by one	15
man and one woman. A minor mustshall first obtain the consent of	16
the minor's parents, surviving parent, parent who is designated	17
the residential parent and legal custodian of the childminor by a	18
court of competent jurisdiction, guardian, or any one of the	19
following who has been awarded permanent custody of the minor by a	20
court exercising juvenile jurisdiction:	21

(A)(1) An adult person;

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(B)(2) The department of job and family services or any child	23
welfare organization certified by suchthe department;	24

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

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A(B)For the purposes of division (A) of this section, a	26
minor shall not be required to obtain the consent of a parent who	27
resides in a foreign country, has neglected or abandoned suchthe	28
minor for a period of one year or longer immediately preceding the	29
minor's application for a marriage license, has been adjudged	30
incompetent, is an inmate of a state mental or correctional	31
institution, has been permanently deprived of parental rights and	32
responsibilities for the care of the childminor and the right to	33
have the childminor live with the parent and to be the legal	34
custodian of the childminor by a court exercising juvenile	35
jurisdiction, or has been deprived of parental rights and	36
responsibilities for the care of the childminor and the right to	37
have the childminor live with the parent and to be the legal	38
custodian of the childminor by the appointment of a guardian of	39
the person of the minor by the probate court or by any other	40
another court of competent jurisdiction.	41

(C)(1) Any marriage between persons of the same sex is	42
against the strong public policy of this state. Any marriage	43
between persons of the same sex shall have no legal force or	44
effect in this state and, if attempted to be entered into in this	45
state, is void ab initio and shall not be recognized by this	46
state.	47

(2) Any marriage entered into by persons of the same sex in	48
any other jurisdiction shall be considered and treated in all	49
respects as having no legal force or effect in this state and	50
shall not be recognized by this state.	51

(3) The recognition or extension by the state of the specific	52
statutory benefits of a legal marriage to nonmarital relationships	53
between persons of the same sex or different sexes is against the	54
strong public policy of this state. Any public act, record, or	55
judicial proceeding of this state, as defined in section 9.82 of	56
the Revised Code, that extends the specific statutory benefits of	57
legal marriage to nonmarital relationships between persons of the	58
same sex or different sexes is void ab initio. Nothing in division	59
(C)(3) of this section shall be construed to do either of the	60
following:	61

(a) Prohibit the extension of specific benefits otherwise	62
enjoyed by all persons, married or unmarried, to nonmarital	63
relationships between persons of the same sex or different sexes,	64
including the extension of benefits conferred by any statute that	65
is not expressly limited to married persons, which includes but is	66
not limited to benefits available under Chapter 4117. of the	67
Revised Code;	68

(b) Affect the validity of private agreements that are	69
otherwise valid under the laws of this state.	70

(4) Any public act, record, or judicial proceeding of any	71
other state, country, or other jurisdiction outside this state	72
that extends the specific benefits of legal marriage to nonmarital	73
relationships between persons of the same sex or different sexes	74
shall be considered and treated in all respects as having no legal	75
force or effect in this state and shall not be recognized by this	76
state.	77

Sec. 3105.12.  (A) Except as provided in division (B) of this	78
section, proof of cohabitation and reputation of the marriage of a	79
man and woman is competent evidence to prove their marriage, and,	80
in the discretion of the court, that proof may be sufficient to	81
establish their marriage for a particular purpose.	82

(B)(1) On and after the effective date of this amendment	83
October 10, 1991, except as provided in divisions (B)(2) and (3)	84
of this section, common law marriages are prohibited in this	85
state, and the marriage of a man and woman may occur in this state	86
only if the marriage is solemnized by a person described in	87
section 3101.08 of the Revised Code and only if the marriage	88
otherwise is in compliance with Chapter 3101. of the Revised Code.	89

(2) Common law marriages that occurred in this state prior to	90
the effective date of this amendmentOctober 10, 1991, and that	91
have not been terminated by death, divorce, dissolution of	92
marriage, or annulment remain valid on and after the effective	93
date of this amendmentOctober 10, 1991.	94

(3) Common law marriages that satisfy all of the following	95
remain valid on and after the effective date of this amendment	96
October 10, 1991:	97

(a) They came into existence prior to the effective date of	98
this amendmentOctober 10, 1991, or come into existence on or	99
after that date, in another state or nation that recognizes the	100
validity of common law marriages in accordance with all relevant	101
aspects of the law of that state or nation.	102

(b) They have not been terminated by death, divorce,	103
dissolution of marriage, annulment, or other judicial	104
determination in this or another state or in another nation.	105

(c) They are not otherwise deemed invalid under section	106
3101.01 of the Revised Code.	107

(4) On and after the effective date of this amendment	108
October 10, 1991, all references in the Revised Code to common law	109
marriages or common law marital relationships, including the	110
references in sections 2919.25, 3113.31, and 3113.33 of the	111
Revised Code, shall be construed to mean only common law marriages	112
as described in divisions (B)(2) and (3) of this section.	113

Section 2. That existing sections 3101.01 and 3105.12 of the	114
Revised Code are hereby repealed.	115

Section 3. In enacting new division (C) of section 3101.01 of	116
the Revised Code in this act, all the following apply:	117

(A) The General Assembly declares and reaffirms the state of	118
Ohio's historical commitment to the institution of marriage as a	119
union between a man and a woman as husband and wife.	120

(B) The General Assembly declares its intent to define	121
marriage and clarify that relationships that are intended as	122
substitutes for marriage, including but not limited to "civil	123
unions" as provided for in Vt. Stat. Ann. tit. 15, §1202 (2003),	124
will not be recognized in this state. It is not the intent of the	125
General Assembly to prohibit the extension of specific benefits	126
otherwise enjoyed by all persons, married or unmarried, to	127
relationships between persons of the same sex or different sexes.	128

(C) The General Assembly declares its intent not to make	129
substantive changes in the law of this state that is in effect on	130
the day prior to the effective date of this act with respect to	131
the validity of marriages heretofore occurring within this state.	132