Ohio Same-Sex Marriage Amendment (2013)
|Not on Ballot|
| This measure did not or |
will not appear on a ballot
The Ohio Same-Sex Marriage Amendment will not appear on the November 4, 2014 ballot in Ohio as a legislatively-referred constitutional amendment. The measure would have overturned a ban on same-sex marriage in the state, thus legalizing same-sex marriage.
Text of measure
The following was the submitted title of the initiative:
- The Freedom to Marry and Religious Freedom Amendment
The following was the official summary of the initiative filed with the Ohio Secretary of State:
This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
|“|| This amendment would repeal and replace Section 11, Article XV of the Constitution to:
1. Allow two consenting adults freedom to enter into a marriage regardless of gender;
2. Give religious institutions freedom to determine whom to marry;
3. Give religious institutions protection to refuse to perform a marriage.
The following is information obtained from those who supported the measure:
- Tim Hagan, co-chairman of the campaign to place the measure on the ballot stated: "I don’t know how one human being can look at another human being and say, ‘You don’t have the same rights.’ I have a sister who’s gay. I have close friends who are gay. But this is not just a gay issue. This is an issue for all of us who believe strongly in human rights.”
- The president of the Cleveland chapter of the NAACP, George Forbes, said in a statement about the measure: "Not since the Civil Rights Act of 1964 has there been a more important step to achieving equality for all Americans."
- According to Mary Jo Kilroy, "We’re seeing a seismic shift in voters’ attitudes all over the country. It’s wrong to treat so many Ohioans as second-class citizens...to deny loving couples the right to marry and enter into committed relationships and raise a family. People should not have to face this kind of discrimination every day."
- Citizens for Community Values
- Ohio Campaign to Protect Marriage
Tactics and strategies
- The Ohio Campaign to Protect Marriage filed a lawsuit with the Ohio Supreme Court, challenging the same-sex marriage amendment's summary language.
- See also: Polls, 2013 ballot measures
A poll of Ohio adults conducted by Saperstein Associates from March 5 to 10, and commissioned by the Columbus Dispatch, reported that 54% were in favor of the amendment, 40% opposed it, and 5% remained undecided. The study surveyed 1,003 randomly selected Ohio adults and carries a margin of error of plus or minus 3.1%.
|Date of Poll||Pollster||In favor||Opposed||Undecided||Number polled|
|March 5-10, 2013||Saperstein Associates||54%||40%||5%||1,003|
- See also: List of ballot measure lawsuits in 2012
State ex rel. Ohio Campaign to Protect Marriage v. DeWine
On April 10, the Ohio Campaign to Protect Marriage filed a lawsuit with the Ohio Supreme Court, challenging the same-sex marriage amendment's summary language. The group argued (1) that the summary is too long to qualify as a summary and (2) that the summary misrepresents the amendment. On April 27, defendent and Ohio Attorney General Mike DeWine asked the court to dismiss the lawsuit.
During the week of May 2, 2012, Ohio Attorney General Mike DeWine requested that the Ohio Supreme Court dismiss the lawsuit, stating that the court has no jurisdiction over the pre-certification process for a proposed constitutional amendment.
On May 25, 2012, the Ohio Supreme Court dismissed the lawsuit. According to reports, court justices voted 5-2 to dismiss the case. Justices Terrence O'Donnell and Robert Cupp were the two justices who voted to not dismiss the lawsuit.
- Documents for the case can be found here.
Path to the ballot
Supporters of the proposal had until July 3, 2013, to turn in the required 385,247 signatures in order to place the measure on the ballot. Before circulation began, the Ohio Attorney General first had to approve the measure's language as well as verify at least 1,000 required preliminary signatures gathered by proposal proponents.
On March 9, Ohio Attorney General Mike DeWine rejected the petition by Freedom to Marry Ohio. Attorney General DeWine said he could not approve the ballot language because the summary was too long and misrepresented the amendment in question.
According to DeWine: "Without passing on the advisability of the approval or rejection of the measure to be referred...I hereby certify that the summary is a fair and truthful statement of the proposed constitutional amendment"
A call to the Secretary of State's office on July 8, 2013, confirmed that supporters of the measure did not turn in signatures by the required deadline of July 3, 2013.
- 2013 ballot measures
- Ohio 2013 ballot measures
- List of Ohio ballot measures
- Laws governing the initiative process in Ohio
- Toledo Blade, "Betting on Ohio's evolution on gay marriage," June 3, 2012
- Think Progress, "Ohio’s Santorum-Supporting Attorney General Rejects Petition To Overturn Same-Sex Marriage Ban," March 12, 2012
- Ohio Attorney General, "Freedom to Marry Ohio," accessed January 18, 2013
- LGBT Nation, "Proposed amendment seeks to undo Ohio’s ban on same-sex marriage," March 2, 2012
- The Republic, "President of Cleveland NAACP supports campaign seeking same-sex marriage ballot issue," April 3, 2012
- Columbus Dispatch, "Poll: Ohio marriage views shift," March 24, 2013
- Columbus Dispatch, "Lawsuit filed against DeWine for proposed same-sex marriage amendment," April 13, 2012
- News Max, "Ohio AG DeWine Urges Court to Drop Gay Marriage Challenge," May 2, 2012
- Dayton Daily News, "Supreme Court stops same-sex marriage lawsuit," May 25, 2012
- Scene Magazine, "Marriage Equality Group Submits New Petitions," March 27, 2012
- Dayton Daily News, "Supporters of same-sex marriage, redistricting reform need signatures," April 6, 2012
- Huntington News, "Ohio AG Certifies Petition to Redefine Marriage," April 4, 2012