A decade after Obergefell, what could happen to same-sex marriage in Ohio?
On June 26, 2015, the Supreme Court ruled in a 5-4 decision that same-sex couples have a constitutional right to marry, cementing a significant civil rights victory. The case was named for Jim Obergefell, who sued the state of Ohio to have his marriage to his terminally ill husband, John Arthur, legally recognized.
Justice Anthony Kennedy, writing for the majority, declared in the ruling that the Constitution grants 'equal dignity in the eyes of the law' to same-sex couples. Now, as ACLU of Ohio executive director Bennett Guess and state Rep. Anita Somani (D-Dublin) said on NBC4's LGBTQ+ show 'Out in Ohio,' Obergefell could be facing a new challenge.
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Guess pointed to a concurring opinion in the 2022 Supreme Court ruling that overturned Roe v. Wade, in which Justice Clarence Thomas suggested that the court should reconsider due process precedents — including Obergefell.
'We need to recognize that marriage equality is very much in danger right now,' Guess said on 'Out in Ohio.' 'Just because something has been around for a while, even because it enjoys broad public support as abortion rights do and as same-sex marriage now does, it could be taken away by the court in the same way that abortion protections have been taken away.'
If Obergefell was overturned, Ohio would revert to its 2004 constitutional amendment, which states: 'Only a union between one man and one woman may be a marriage valid in or recognized by this state.' While the federal Respect for Marriage Act, signed into law in 2022, would require Ohio to recognize same-sex marriages performed in other states, it would not require the state to issue new licenses.
'If Obergefell is overturned, then all of those laws and those constitutional bans… go back into effect,' Guess said. 'The only way to take that constitutional amendment out of the constitution is for the voters of Ohio to be given the opportunity to vote again to remove that.'
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Guess also warned that rising anti-LGBTQ+ rhetoric and legislation in Ohio could embolden efforts to reverse marriage equality.
'We're seeing that state legislatures are also mimicking what's happening at a federal level here in the state, so we're faced with a number of anti-LGBTQ+ measures, particularly those that are targeted against the transgender community,' he said. 'We have every right to be frightening, to be nervous, to be, frankly, speaking up all the more loudly for the protections that our community needs and deserves.'
Somani echoed those concerns and is taking legislative action. She has reintroduced the Marriage Equality Act, a House Joint Resolution that would put a constitutional amendment on Ohio's 2026 ballot to protect same-sex and interracial marriage.
'Ohio has a ban from 2004, so those couples that legally married currently would then face the same difficulties and problems that they did before in terms of having the right to insurance or healthcare or having benefits through your partner,' Somani said on 'Out in Ohio.' 'All of those things would become extremely challenging if those legally recognized marriages were lost.'
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While a similar measure stalled last year, Somani said this new version includes a path to the ballot, something she believes voters are ready for.
'We know now that there's a strong approval for same-sex marriage in the country,' she said. 'Taking it to the people, just like we did with the reproductive rights amendment, just like we did with legalizing marijuana, there's a huge disconnect between what we see happening at the Statehouse and what the people of Ohio really want.'
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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