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Sub. H. B. No. 272As Reported by the Senate Finance and Financial Institutions CommitteeAs Reported by the Senate Finance and Financial Institutions Committee
125th General Assembly | Regular Session | 2003-2004 |
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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, Blasdel, Distel, C. Evans, Gibbs, Jolivette, Martin, Raussen, Schlichter, White, Widener
SENATORS Harris, Blessing, Amstutz, Carey, Hottinger
A BILL
To amend sections 3101.01 and 3105.12 of the Revised Code to
specifically declare that same-sex marriages are
against the strong public policy of the state, to
declare
that the recognition or extension by the state of the
specific
statutory benefits
of legal marriage to
nonmarital
relationships is
against the public
policy of the
state, and to
make other declarations
regarding
same-sex
marriages.
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. A minor
must
shall first obtain the
consent of
the minor's parents, surviving parent, parent who is
designated
the
residential parent and legal custodian of the
child
minor by a
court of
competent jurisdiction, guardian, or
any one
of
the
following who has been awarded permanent custody of the
minor by a
court
exercising juvenile jurisdiction: (B)(2) The department of job and family services or any
child welfare
organization certified by
such
the department;
(C)(3) A
public children services agency.
A
(B)
For the purposes of division (A) of this section, a
minor shall not be required to obtain the consent of a
parent who
resides in a foreign country, has neglected or
abandoned
such
the
minor for a period of one year or longer
immediately preceding the
minor's application for a marriage
license, has
been adjudged
incompetent, is an inmate of a state mental or
correctional
institution, has been permanently deprived of parental
rights and
responsibilities for the care of the
child
minor and the
right to
have the
child
minor live with the parent and to be the
legal
custodian of the
child
minor by a court exercising juvenile
jurisdiction, or has been deprived of parental rights and
responsibilities for the care of the
child
minor and the right to
have
the
child
minor live with the parent and to be the legal
custodian
of the
child
minor by the appointment of a guardian of
the person of the minor
by the probate court or by
any other
another court of competent
jurisdiction.
(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.
Sec. 3105.12. (A) Except as provided in division (B) of
this section, proof of cohabitation and reputation of the
marriage of a man and woman is competent evidence to prove their
marriage, and, in the discretion of the court, that proof may be
sufficient to establish their marriage for a particular purpose. (B)(1) On and after the effective date of this amendment
October 10, 1991, except as provided in divisions (B)(2) and
(3) of
this section, common law marriages are prohibited in this state,
and the marriage of a man and woman may occur in this state only
if the marriage is solemnized by a person described in section
3101.08 of the Revised Code and only if the marriage otherwise is
in compliance with Chapter 3101. of the Revised Code. (2) Common law marriages that occurred in this state prior
to the effective date of this amendment October 10,
1991, and
that have not been terminated by death, divorce, dissolution of
marriage, or annulment remain valid on and after the effective
date of this amendment October 10, 1991. (3) Common law marriages that satisfy all of the following
remain valid on and after the effective date of this amendment
October 10, 1991: (a) They came into existence prior to the effective date
of this amendment October 10, 1991, or come into
existence on or
after that date, in another state or nation that recognizes the
validity of common law marriages in accordance with all relevant
aspects of the law of that state or nation. (b) They have not been terminated by death, divorce,
dissolution of marriage, annulment, or other judicial
determination in this or another state or in another nation. (c) They are not otherwise deemed invalid under section 3101.01 of the Revised Code. (4) On and after the effective date of this amendment
October 10, 1991, all references in the Revised Code to
common law
marriages or common law marital relationships, including the
references in sections 2919.25, 3113.31, and 3113.33 of the
Revised Code, shall be construed to mean only common law
marriages as described in divisions (B)(2) and (3) of this
section.
Section 2. That existing sections 3101.01 and 3105.12 of the Revised Code
are hereby repealed.
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.
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