OHIO LAWS

The June 2015 U.S. Supreme Court decision in Obergefell v. Hodges requires  Ohio to recognize same-sex marriages that occurred in other states and permit same-sex couples living in Ohio to marry. Married same-sex couples will have the same rights, privileges, obligations and responsibilities as married heterosexual couples. This decision also helps transgender Ohioans who want to marry and may have been prevented from doing so because they cannot change their gender marker on a birth certificate.

  1. Ohio law does not allow transgender persons to change the gender designation on their birth certificates. But, transgender persons can get the marker changed on their driver's license, passport and Social Security record. The gender marker issue is not resolved by the Obergefell decision. That still needs to be litigated. 
  2. Second parent adoption continues to be a question mark in Ohio. In 2002, the Ohio Supreme Court issued its decision in In re Bonfield, 97 Ohio St.3d 387. However, there are other options available and a lawyer who has experience with LGBT family law issues will be able to guide you.
  3. On the estate planning front, Ohio law allows you to pre-validate your Will. You can go to Probate Court, notify your birth family who could claim a share under Ohio's Descent and Distribution statute and have a hearing that validates your will. The benefit is that your heirs must challenge your will, in court, while you are alive. If they don't do it then, they cannot challenge that will after you die. However, if you change your will, you'll need to repeat the process. This procedure can be useful for unmarried same-sex couples.
  4. You can also designate any person of your choice as your heir at law. You appear before the probate court, with two disinterested witnesses, and file a written declaration stating the name and residence of the person you want to designate. That person will then stand in the same place as a child. If you name your partner as your heir-at-law and your birth family successfully challenges your will or you die intestate, your partner still inherits your estate--assuming that's what you want. Married couples are covered by Ohio's Descent and Distribution statute. Unmarried couples may find this statute helpful to protect each other.

    These are two statutes that can help you accomplish what you want with your estate planning. It is important to work with a good lawyer to draft your documents. You could do it yourself, but if you make a mistake you won't know until after you're dead and then it's too late.

Significant
Court Decisions:

E.L. v. V.L. 577 U.S. ____ (2016) http://www.supremecourt.gov/opinions/15pdf/15-648_d18e.pdf

Obergefell v. Hodges, 576 U.S. ___ (2015)
http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf

United States v. Windsor, 570 ____ (2013)
http://www.supremecourt.gov/opinions/12pdf/12-307_6j37.pdf

Hollingsworth v. Perry, 570 U.S. ___ (2013)
​http://www.supremecourt.gov/opinions/12pdf/12-144_8ok0.pdf

Bowers v. Hardwick, 478 U.S. 186 (1986) www.law.cornell.edu/supct/html/historic/USSC_CR_0478_0186_ZS.html

Romer v. Evans, 517 U.S. 620 (1996) www.law.cornell.edu/supct/html/94-1039.ZO.html

Lawrence v. Texas, 539 U.S. 558 (2003) www.law.cornell.edu/supct/html/02-102.ZS.html

The 2009 Iowa Marriage case: Varnum v. O'Brien 763 N.W.2d 862 (Iowa 2009) http://www.iowacourts.gov/supreme_court/recent_opinions/20090403/index.asp

In Re Bonfield http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2002/2002-Ohio-6660.pdf

In Re Mullen
www.supremecourt.ohio.gov/rod/docs/pdf/0/2011/2011-ohio-3361.pdf​

Ohio Descent and Distribution Statute
codes.ohio.gov/orc/2105.06v1

Validation of Will statute
codes.ohio.gov/orc/2107.081v1

​Designation of Heir Statute 
codes.ohio.gov/orc/2105.15v1

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