In the midst of Ohio Republicans’ onslaught of anti-LGBTQ+ legislation, two LGBTQ+ equality bills received hearings in the Ohio House Civil Justice Committee during lame duck on Tuesday, Dec. 17.
Neither advanced out of committee — or even to a second hearing — before the two-year legislative session ended.
Officially HB 636, the Marriage Equality Bill, taken up by State Rep. Jodi Whitted (D-Madeira) and Rep. Anita Somani (D-Dublin), would eliminate the language in Ohio’s Revised Code (ORC) that prohibits marriage between individuals of the same sex, putting Ohio in line with federal law. The bill would also prevent the state from establishing any prohibitions of marriage between individuals of different races.
The other bill was HB 524, the Ohio Fairness Act. The bill, introduced by Rep. Michael Skindell (D-Lakewood), would expand the definition of sex discrimination in the ORC to include sexual orientation and gender identity or expression. It was also introduced in the senate under SB 132 by State Senate Minority Leader Nickie Antonio (D-Lakewood) and has been introduced ten times thus far.
Marriage Equality Hearing
Whitted and Somani gave sponsor testimonies on the importance of HB 636. They emphasized the legislation as being a companion bill with the Fairness Act.
Whitted argued that the bill would put Ohio in line with federal law.
“This first step is a starting point to show all Ohioans that their relationships are valued and recognized,” Whitted said. “Some may call this first hearing performative, but many would call this persistence.”
In the 2022 Dobbs v. Jackson Women’s Health Organization ruling that overturned Roe v. Wade, conservative Supreme Court Justice Clarence Thomas explicitly mentioned overturning Obergefell v. Hodges — the landmark U.S. Supreme Court case which federally legalized same-sex marriage.
“In future cases, we should reconsider all of this Court’s substantive due process precedents, including…Obergefell,” Thomas wrote.
Should Obergefell be overturned and marriage equality returned to state control, Ohio would revert to language in the Ohio Revised Code (ORC),which limits marriage to a union between a man and a woman, thus giving the changes proposed under HB 636 real weight.
Throughout her testimony, Somani quoted from her constituents on how important marriage equality was to them.
“As leaders in this state, we have to think about how our actions affect our constituents and what messages they send,” Somani said. “I believe that the message we should be sending is that we believe all Ohioans deserve the right to marry whomever they love, without fear that their marriage might someday be void under the law.”
The Civil Justice Committee had no questions for the bill’s sponsors.
Ohio Fairness Act Hearing
HB 524 is about “fairness and decency,” Skindell said in his sponsor testimony.
“The Ohio Fairness Act moves Ohio to a workforce-friendly state,” he said. “Without non-discrimination policies in place, Ohio falls behind other states when hiring the best and brightest professional talent and recruiting companies to move to our state.”
Skindell cited multiple studies throughout his testimony, such as a 2018 American Values survey that found how 68% of Ohioans support making anti-LGBTQ+ discrimination illegal.
The federal government and 24 states have LGBTQ+ protections in their employment discrimination laws. Currently, LGBTQ+ citizens not covered by state law can file their complaints with the federal Equal Employment Opportunity Commission (EEOC) and seek recourse in federal courts.
The Civil Justice Committee had no questions for Skindell either.
Future for both bills
State Sen. Nickie Antonio has introduced the Fairness Act every General Assembly since she was first elected in 2011. As the lame duck is coming to a close, it will most likely need to be introduced again in the next assembly.
Skindell’s term ends in 2024–he did not run for re-election–and Antonio’s current term will end in 2026.
Marriage Equality, on the other hand, was an orphaned bill which Rep. Jodi Whitted picked up from former Rep. Jessica Miranda after Whitted was appointed to fill her vacant seat.
Whitted’s district was redrawn, so she chose not to re-run. Somani said during sponsor testimony that the bill will continue to be introduced. 🔥
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