Ohio Issue 1, Definition of Marriage Initiative (2004)

Ohio Issue 1
Election date November 2, 2004
Topic Family-related policy and LGBTQ issues
Status Approved
Type Initiated constitutional amendment	Origin Citizens

Ohio Issue 1 was on the ballot as an initiated constitutional amendment in Ohio on November 2, 2004. It was approved.

A "yes" vote supported defining marriage as a union between one man and one woman in the Ohio Constitution.

A "no" vote opposed defining marriage as a union between one man and one woman in the Ohio Constitution.

Election results

Ohio Issue 1
Result		Votes	Percentage
Yes		3,329,335	61.71%
No		2,065,462	38.29%

Results are officially certified.

Source

Aftermath

U.S. Supreme Court

See also: Obergefell v. Hodges

On June 26, 2015, the United States Supreme Court ruled that same-sex couples have a constitutional right to marriage under the Fourteenth Amendment of the United States Constitution in the case Obergefell v. Hodges. The ruling overturned bans on same-sex marriage.

Justice Anthony Kennedy authored the opinion and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito each authored a dissent.

Overview

What did this measure do?

This amendment added a section to the Ohio Constitution that defined marriage as between one man and one woman, and that no other marriage could be recognized in the state.

Text of measure

Ballot title

The ballot title for Issue 1 was as follows:

“

Be it Resolved by the People of the State of Ohio: That the Constitution of the State of Ohio be amended by adopting a section to be designated as Section 11 of Article XV thereof, to read as follows: Article XV Section 11. Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions. This state and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage. A majority yes vote is necessary for passage Shall the proposed amendment be adopted?

”

Constitutional changes

’’See also: Ohio Constitution’’

The ballot measure added Section 11, Article XV of the Ohio Constitution. The following underlined text was added and struck-through text was deleted:

Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions. This state and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage.

Support

Ohio Campaign to Protect Marriage led the campaign in support of the amendment.

Supporters

Organizations

• Citizens for Community Values Action

Official argument

• Ohio Campaign to Protect Marriage (Official Argument): Vote YES on Issue 1 to preserve in Ohio law the universal, historic institution of marriage as the union of one man and one woman, and to protect marriage against those who would alter and undermine it. WHAT ISSUE 1 DOES: Issue 1 establishes in the Ohio Constitution the historic definition of marriage as exclusively between one man and one woman as husband and wife. Issue 1 excludes from the definition of marriage homosexual relationships and relationships of three or more persons. Issue 1 prohibits judges in Ohio from anti-democratic efforts to redefine marriage, such as was done by a bare majority of the judges of the Massachusetts Supreme Court, which ordered that same-sex “marriage” be recognized in that state. Issue 1 restricts governmental bodies in Ohio from using your tax dollars to give official status, recognition and benefits to homosexual and other deviant relationships that seek to imitate marriage. WHAT ISSUE 1 DOES NOT DO: Issue 1 does not interfere in any way with the individual choices of citizens as to the private relationships they desire to enter and maintain. Issue 1 does not interfere in any way with government benefits granted to persons in non-marital homosexual relationships, so long as the government does not grant those benefits to such persons specifically for the reason that the relationship is one that seeks to imitate marriage. The wisdom of the ages tells us that marriage between one man and one woman is critical to the well being of our children and to the maintenance of the fundamental social institution of the family. Please vote to preserve marriage on November 2, 2004. Please Vote YES on Issue 1, the Marriage Protection Amendment.

Opposition

Ohioans Protecting the Constitution led the campaign opposing the amendment.

Opponents

Organizations

• Human Rights Campaign

Official argument

• Ohioans Protecting the Constitution (Official Argument): The Ohio Marriage Amendment. It's Not What You Think. It Hurts Families. If passed, Issue 1 will eliminate rights, benefits and protections for all unmarried couples in Ohio. Claims that it merely restates Ohio's long-standing definition of marriage are untrue. Even Defense of Marriage Act author State Representative Bill Seitz said the amendment is poorly written and too ambiguous. Governor Taft and Attorney General Petro say it goes too far. While claiming to protect Ohio families, Issue 1 actually punishes: Senior living together to protect pension benefits Unmarried couples seeking to jointly own property People who receive health benefits from domestic partner plans Unmarried women seeking maternity leave Adopted children of unmarried couples If this amendment passes, even an unmarried person's right to leave property to a partner could not be recognized by Ohio courts. Referring to leaders behind the amendment, The Canton Repository said … “They make no bones about wanting to make life as difficult as possible for all couples, gay or straight, who don't toe their moral line.” It Hurts Ohio's Economy. Leading economic and legal experts agree that Issue 1 would have a negative impact on our struggling economy. The editorial page editor of the Cleveland Plain Dealer stated in a recent editorial that this amendment would cost the state thousands of jobs, and help perpetuate Ohio's “long and relentless dive to the bottom.” Crain's Cleveland Business summed up the economic impact by stating, “The ability to offer such benefits [domestic partner benefits] is a critical tool to many companies and universities in Ohio. The article concluded the editorial by saying … “Regardless of your feelings about gay marriage, this amendment deserves to be defeated because it is anti-business and anti-competitive.” VOTE NO ON ISSUE 1. PROTECT OHIO FAMILIES AND JOBS.

Background

Related ballot measures

See also: History of same-sex marriage ballot measures

Between 1998 and 2012, voters in 30 states approved ballot measures that defined marriage as between one male and one female or otherwise prohibited same-sex marriage. The U.S. Supreme Court invalidated bans on same-sex marriage in the case Obergefell v. Hodges in 2015.

• 1998: Alaska
• 2000: Nebraska
• 2002: Nevada
• 2004: Arkansas
• 2004: Georgia
• 2004: Kentucky
• 2004: Louisiana
• 2004: Michigan
• 2004: Mississippi
• 2004: Missouri
• 2004: Montana
• 2004: North Dakota
• 2004: Ohio
• 2004: Oklahoma
• 2004: Oregon
• 2004: Utah
• 2005: Kansas
• 2005: Texas
• 2006: Alabama
• 2006: Colorado
• 2006: Idaho
• 2006: South Carolina
• 2006: South Dakota
• 2006: Tennessee
• 2006: Virginia
• 2006: Wisconsin
• 2008: Arizona
• 2008: California
• 2008: Florida
• 2012: North Carolina

Path to the ballot

Amending the Ohio Constitution

See also: Signature requirements for ballot measures in Ohio

An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.

In Ohio, the number of signatures required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval.

Ohio also requires initiative sponsors to submit 1,000 signatures with the initial petition application. Ohio has a signature distribution requirement, which requires that signatures be gathered from at least 44 of Ohio's 88 counties. Petitioners must gather signatures equal to a minimum of half the total required percentage of the gubernatorial vote in each of the 44 counties. Petitions are allowed to circulate for an indefinite period of time. Signatures are due 125 days prior to the general election that proponents want the initiative on.

Stages of this initiative

The initiative was placed on the ballot by the Ohio Campaign to Protect Marriage.

See also

2004 Measures

• 2004 Measures
• LGBTQ issues on the ballot
• Family-related policy on the ballot
• 2004 legislative sessions

Ohio

• Ohio ballot measures
• Ohio ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Cleveland State University Law Library, "Ohio Constitution - Law and History: Table of Proposed Amendments," June 2, 2023