Same-sex marriage became legal in Ohio on June 26, 2015, the day the U.S. Supreme Court decided Obergefell v. Hodges. The case that brought marriage equality to every state started in Ohio, filed by Cincinnati resident Jim Obergefell after the state refused to recognize his marriage to his terminally ill husband. So the short answer to when Ohio legalized gay marriage is that Ohio did not legalize it on its own; a federal ruling in a case brought by an Ohio plaintiff made the state’s bans unenforceable overnight.
What Ohio Law Said Before 2015
Ohio blocked same-sex marriage twice in 2004. The legislature amended Ohio Revised Code 3101.01 to declare any marriage between people of the same sex “against the strong public policy of this state,” void from the start if performed in Ohio, and unrecognized if performed elsewhere.1Ohio Legislative Service Commission. Ohio Revised Code Chapter 3101
That November, voters approved State Issue 1 by roughly 62% to 38%, adding Section 11 to Article XV of the Ohio Constitution. The amendment limited valid marriage to one man and one woman and also barred the state from creating or recognizing any legal status for unmarried couples that approximated marriage.2Ballotpedia. Ohio Issue 1, Definition of Marriage Initiative (2004) The constitutional layer mattered because the legislature alone could not undo it; repeal would require another vote of the people.
How the Obergefell Case Started in Ohio
Jim Obergefell and John Arthur, a Cincinnati couple, had been together for more than two decades when Arthur was diagnosed with ALS. They flew to Maryland in 2013 to marry, because Ohio would not allow it. As Arthur’s health declined, Obergefell wanted to be listed as the surviving spouse on his husband’s death certificate, and Ohio law would not permit that.
Obergefell sued in federal court in July 2013. A judge granted a temporary restraining order requiring Ohio to recognize the marriage on Arthur’s death certificate, and Arthur died that October with the order in place. The case moved up through the federal courts and was consolidated with challenges from Michigan, Kentucky, and Tennessee at the Supreme Court.
The Court ruled 5–4 that the right to marry is a fundamental liberty protected by the Due Process and Equal Protection Clauses of the Fourteenth Amendment, and that same-sex couples cannot be deprived of it.3U.S. Department of Justice. Obergefell v. Hodges Opinion The decision required every state both to issue marriage licenses to same-sex couples and to recognize same-sex marriages performed elsewhere.4Justia. Obergefell v. Hodges Ohio probate courts began accepting applications from same-sex couples the same day, updating their forms to use gender-neutral language in place of terms like “bride and groom.”
Ohio’s Old Bans Are Still on the Books
The 2004 constitutional amendment is still in the Ohio Constitution, and the gendered language in Ohio Revised Code 3101.01 limiting marriage to “one man and one woman” has never been formally repealed.1Ohio Legislative Service Commission. Ohio Revised Code Chapter 3101 Neither provision carries any legal weight today. Federal law overrides conflicting state law, and Obergefell makes both the statute and the amendment unenforceable.
A ballot initiative to repeal the Article XV, Section 11 marriage definition has been cleared for signature gathering, aimed at the November 2026 ballot. It would replace the current language with a provision requiring Ohio to issue marriage licenses to any two individuals eighteen or older who are not closer than second cousins, recognize marriages regardless of race, sex, or gender identity, and protect religious organizations and clergy who decline to perform a ceremony.5Ballotpedia. Ohio Remove Constitutional Same-Sex Marriage Ban Amendment (2026) Whether it reaches voters depends on the signature drive.
The Federal Backstop: The Respect for Marriage Act
Congress passed the Respect for Marriage Act in December 2022. The law repealed the federal Defense of Marriage Act and requires the federal government to recognize any marriage valid in the state where it was performed.6U.S. Congress. H.R. 8404 – Respect for Marriage Act It also bars state officials from denying full faith and credit to a marriage from another state based on the sex, race, ethnicity, or national origin of the spouses, and lets the U.S. Attorney General or affected individuals sue in federal court for injunctive relief. A religious liberty provision allows nonprofit religious organizations and clergy to decline to solemnize any marriage without civil liability.7U.S. Congress. H.R. 8404 – Respect for Marriage Act – Full Text
For Ohio residents, this creates a federal statutory floor. If the Supreme Court ever revisited Obergefell, the Respect for Marriage Act would still require Ohio to recognize same-sex marriages performed in states that continue to allow them. It would not require Ohio to issue new same-sex marriage licenses if the constitutional right were removed, which is why the state-level repeal effort continues.
Getting Married in Ohio Today
Same-sex couples follow the same process as anyone else. You apply through the probate court in the county where either applicant lives, or, if both applicants are from out of state, in the county where the ceremony will take place. Both applicants must be at least eighteen, though minors can apply with juvenile court approval.
The license fee is $65 in most counties, payable by cash, money order, or card. Many counties can issue the license the same day you apply if you arrive with your documents before the cutoff. The license is valid for 60 days, and there is no mandatory waiting period between issuance and the ceremony.
Same-sex married couples in Ohio hold the same rights and obligations as any other married couple under state and federal law, including spousal inheritance, joint tax filing, medical decision-making, and parental rights over children born during the marriage.