H.B. 160 - Same Sex Marriages was introduced in the Ohio General Assembly recently. Below is a summary of the bill, some talking points in communicating with interested parties, as well as a sample letter that can be sent to members of the General Assembly. OHRBA will be monitoring this piece of legislation and working with other organizations to coordinate activities related to the bill.

Bill Summary:

H.B. 160 amends Section 3101.01 of the Ohio Revised Code. Currently, Section 3101.01 specifies that only a man age 18 or over and a woman age 16 or over, both who are unmarried, "may be joined in marriage."

Ohio courts have ruled definitely that Section 3101.01 limits the right to marry in Ohio to a male/female couple, and it does not allow for same sex couples to marry. The amendment in H.B. 160 merely repeats current Ohio law. It does nothing to change Ohio law.

Same Sex Marriage in the United States: Hawaii and the Defense of Marriage Act:

Currently, no state in the U.S. allows same sex couples to marry. A court case is currently pending in Hawaii regarding whether the Hawaii state constitution is violated by denying same sex couples the right to marry. Last year, Congress enacted the Defense of Marriage Act, 28 U.S.C. §1738C, This law provides that no state will be required to acknowledge a same sex marriage which may be recognized in another state. For example, if same sex marriage is permitted in Hawaii, a Hawaii marriage would not be recognized in Ohio, since our state does not permit same sex marriages.

Public Opinion:

In June, 1996, a Mellman Group poll found that over 73% of Americans feel that there "are lots of other issues [which are] much more important" than enacting legislation against same sex marriage.

Repetition and Waste:

H.B. 160 merely reenacts existing Ohio law that has been clearly interpreted by Ohio courts. Further, any changes in the marriage laws of other states, such as Hawaii, will not affect Ohio, due to the passage of the "Defense of Marriage Act" by Congress in 1996.

H.B. 160 is not unique. It is a form bill which is being introduced simultaneously in legislatures across the country on behalf of various special interests. The June, 1996, Mellman Group poll found that 32% of Americans viewed legislation such as H.B. 160 "an attempt to play politics, scapegoat gays, and embarrass supporters of civil rights for gays, and is not really very important." Only 27% of those surveyed believed that same sex marriage is a threat to American families.

Conclusion:

H.B. 160 is unnecessary. Its consideration would be viewed by many Ohioans as a waste of valuable time by the Ohio General Assembly, which has many more pressing and critical issues to address. Under existing law, there is no possibility that same sex marriage would be permitted in Ohio except through action by the General Assembly. No such legislation is pending or planned at this time.

Opposing Views to H.B. 160:

Marriage is a basic human right which should be a matter of individual personal decision. Legal recognition of gay and lesbian partnerships goes well beyond economic concerns, as deceptively portrayed by H.B. 160's sponsors. Gay and lesbian partners are not legally viewed as "family members". As a result, if one's partner is hospitalized, the partner may be (and often is) barred from visitation or medical decision making. Likewise, if a partner dies, the surviving partner may be excluded from funeral arrangements or even the funeral if the family of the deceased so chooses. These concerns, involving situation when the most important and trusted family members are needed in one's live, are lost in the anti gay rhetoric of H.B. 160. No Ohio or federal law effectively protects Ohioans from job discrimination based on their sexual orientation. Each year, many gay, lesbian and bisexual Ohioans lose jobs they have earned and are qualified for solely because of their sexual orientation. Many fair minded Ohioans believe job discrimination based on sexual orientation is wrong and should be remedied by the legislature. Ending job discrimination is of interest to many and worthy of debate at this time.

How to respond to questions regarding H.B. 160 and same sex marriage:

Q:What is your position on H.B. 160?
A:H.B. 160 does nothing to change Ohio existing law, which does not permit same sex marriage. The General Assembly has many more critical issues to address and resolve at this time.

Q:Do you favor same sex marriage?
A:Same sex marriage is not permitted under Ohio law. OR Marriage is a basic human right and ought to be a matter of individual personal decision between two consenting, unrelated adults.

Point of Interest: Many of the arguments surrounding legislation like H.B. 160 were used less than 30 years ago to oppose and deny the right for interracial couples to marry. Only a decision by the United States Supreme Court changed this right -- a decision that could not be altered by any act of Congress or any state legislature.

Whom to Contact

Ohio House of Representatives
77 South High Street
Columbus, OH 43215
(to find your representative's name, call Legislative Information at 800-282-0253)

To send an e-mail to your representative or any of the bill sponsors, or to track H.B. 160 electronically, go to the State of Ohio website at www.ohio.gov and select "legislative branch." Send a message to the governor by selecting "executive branch."