As Introduced
135th General Assembly
Regular Session H. B. No. 636
2023-2024
Representatives Whitted, Somani
Cosponsors: Representatives Sweeney, Piccolantonio, Weinstein, Brent, McNally,
Robinson, Brown, Grim, Skindell, Brewer, Jarrells, Isaacsohn, Baker, Liston
A BILL
To amend section 3101.01 and to enact section 1
3101.011 of the Revised Code to reconcile Ohio 2
with federal law regarding same-sex marriage and 3
provide for the right to interracial marriage. 4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3101.01 be amended and section 5
3101.011 of the Revised Code be enacted to read as follows: 6
Sec. 3101.01. (A) Except as provided in section 3101.02 of 7
the Revised Code, only male persons of the age of eighteen 8
years, and only female persons of the age of eighteen years, not 9
nearer of kin than second cousins, and not having a husband or 10
wife spouse living, may be joined in enter into marriage. A 11
marriage may only be entered into by one man and one womantwo 12
persons. 13
(B)(1) Any marriage between persons of the same sex is 14
against the strong public policy of this state. Any marriage 15
between persons of the same sex shall have no legal force or 16
effect in this state and, if attempted to be entered into in 17
H. B. No. 636 Page 2
As Introduced
this state, is void ab initio and shall not be recognized by 18
this state. 19
(2) Any marriage entered into by persons of the same sex 20
in any other jurisdiction shall be considered and treated in all 21
respects as having no legal force or effect in this state and 22
shall not be recognized by this state. 23
(3) The recognition or extension by the state of the 24
specific statutory benefits of a legal marriage to nonmarital 25
relationships between persons of the same sex or different sexes 26
is against the strong public policy of this state. Any public 27
act, record, or judicial proceeding of this state, as defined in 28
section 9.82 of the Revised Code, that extends the specific 29
statutory benefits of legal marriage to nonmarital relationships 30
between persons of the same sex or different sexes is void ab 31
initio. Nothing in division (B)(3) of this section shall be 32
construed to do either of the following: 33
(a) Prohibit the extension of specific benefits otherwise 34
enjoyed by all persons, married or unmarried, to nonmarital 35
relationships between persons of the same sex or different 36
sexes, including the extension of benefits conferred by any 37
statute that is not expressly limited to married persons, which 38
includes but is not limited to benefits available under Chapter 39
4117. of the Revised Code; 40
(b) Affect the validity of private agreements that are 41
otherwise valid under the laws of this state. 42
(4) Any public act, record, or judicial proceeding of any 43
other state, country, or other jurisdiction outside this state 44
that extends the specific benefits of legal marriage to 45
nonmarital relationships between persons of the same sex or 46
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As Introduced
different sexes shall be considered and treated in all respects 47
as having no legal force or effect in this state and shall not 48
be recognized by this state. 49
Sec. 3101.011. This state and its political subdivisions 50
shall not prohibit marriage between individuals of different 51
races. 52
Section 2. That existing section 3101.01 of the Revised 53
Code is hereby repealed. 54


Statutes affected:
As Introduced: 3101.01