OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 636 Bill Analysis
135th General Assembly
Click here for H.B. 636’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Whitted and Somani
Effective date:
Amy L. Archer, Research Analyst
SUMMARY
 Allows for same-sex marriage in Ohio statutory law in accordance with federal law.
 Eliminates statutory declarations on the state of Ohio’s public policy regarding same-sex
marriage and the recognition or extension of benefits of legal marriage to nonmarital
relationships.
 Prohibits Ohio and its political subdivisions from prohibiting marriage between
individuals of different races.
DETAILED ANALYSIS
Same-sex marriage
Background
Currently, the marriage statute in the Revised Code states that marriage is allowed only
between one man and one woman. However, the statute was struck down by the U.S. Supreme
Court in Obergefell v. Hodges.1 In Obergefell, the U.S. Supreme Court held that the Due Process
and Equal Protection Clauses of the Fourteenth Amendment to the U.S. Constitution require a
state to license a marriage between two people of the same sex and to recognize a marriage
between two people of the same sex when their marriage was lawfully licensed and performed
in another state. Obergefell was later reaffirmed in Pavan v. Smith.2 Under the U.S.
Constitution’s Supremacy Clause, federal law preempts state laws, and a court may require a
state to refrain from enforcing a state law if the state law conflicts with the federal law.3
1 576 U.S. 644 (2015).
2 582 U.S. 563 (2017).
3 Article VI, Clause 2.
July 11, 2024
Office of Research and Drafting LSC Legislative Budget Office
Consequently, the statute does not have any force or effect regarding the restrictions on same-
sex marriage.
Under the bill
The bill, in provisions governing who may marry, replaces gendered language with
gender neutral language. This has the effect of allowing same-sex marriage in statute. Under
the bill, two persons (rather than one man and one woman, as in current law) who do not have
a spouse (rather than husband or wife) living may enter into marriage (rather than be joined in
marriage). Continuing law allows marriage only between two individuals who are at least 18
years old, unless consent for minor marriage is granted by a juvenile court, and who are not
nearer of kin than second cousins.4
Additionally, the bill eliminates the following declarations:
 That same-sex marriage is against the state of Ohio’s strong public policy, has no legal
force or effect regardless of the jurisdiction of the marriage, and, if attempted to be
entered into in Ohio, is void ab initio5 and is not recognized.
 That the recognition or extension by the state of Ohio of the specific statutory benefits
of legal marriage to nonmarital relationships is against the state of Ohio’s strong public
policy.
 That any public act, record, or judicial proceeding of the state of Ohio or any other
jurisdiction that extends the benefits of legal marriage to nonmarital relationships is
void ab initio and is not recognized.6
Interracial marriage
Under the bill, the state of Ohio and its political subdivisions cannot prohibit marriage
between individuals of different races.7
HISTORY
Action Date
Introduced 06-27-24
ANHB0636IN-135/ks
4 R.C. 3101.01(A); R.C. 3101.02, not in the bill.
5 “Void ab initio” means null from the beginning, as from the first moment when a contract is entered
into. A contract is void ab initio if it seriously offends law or public policy, in contrast to a contract that is
merely voidable at the election of one party to the contract. Black’s Law Dictionary, 7th ed. 1999.
6 R.C. 3101.01(B), repealed.
7 R.C. 3101.011.
P a g e |2 H.B. 636
As Introduced


Statutes affected:
As Introduced: 3101.01