Ohio equal rights amendment would outlaw discrimination, void same-sex marriage ban

COLUMBUS, Ohio (WCMH) -- A constitutional amendment enshrining broad anti-discrimination protections and repealing Ohio's dormant same-sex marriage ban could be on the ballot in 2026.

If passed by voters, the amendment would prohibit discrimination based on race, color, creed or religion, sex, sexual orientation, gender identity or expression regardless of sex assigned at birth, pregnancy status, genetic information, disease status, age, disability, recovery status, familial status, ancestry, national origin, or military and veteran status.

Led by a grassroots organization named Ohio Equal Rights, the amendment would also reverse another constitutional amendment passed in 2004 that reads "only a union between one man and one woman may be a marriage valid in or recognized by this state."

"This is about securing the fundamental right of every Ohioan to be treated with dignity, fairness, and equality under the law," said Liz Schmidt, a lead organizer for Ohio Equal Rights, in a statement. "Our state constitution should reflect the values of inclusion and justice that Ohioans hold dear. This amendment ensures no one can be singled out or left behind because of who they are."

Lis Regula, a spokesperson for Ohio Equal Rights, said in an interview that the proposal was inspired by a similar initiative in Nevada that passed with 57% of the vote in 2022. Regula cited recent "anti-LGBTQ+" legislation as a driving force for the amendment, like a provision in the state budget defining gender as two sexes, a law banning certain healthcare for transgender youth, and a bill to celebrate "Natural Family Month."

"Because there have been so many attacks on the trans community in Ohio in particular, but not just here, the thinking was what can we do to ensure that trans people have our rights and do not continue to have those rights stripped away?" Regula said. "We see so many ways in which people can be discriminated against. ... We do want to build a state that is welcoming to all."

Regula said the amendment includes a repeal of Ohio's dormant same-sex marriage ban given the Supreme Court has signaled it might overturn Obergefell v. Hodges, the 2015 case legalizing same-sex marriage. Democratic representatives at the Ohio Statehouse share this concern and introduced their own remedy in June that would also place a constitutional amendment on the 2026 ballot to protect marriage equality.

Legislators attempted last year to pass a bill aligning Ohio law with the protections set by Obergefell, but the proposal didn't advance past a single committee hearing. The Statehouse has also failed to approve the "Ohio Fairness Act," a bill that was reintroduced earlier this year to prohibit discrimination based on sexual orientation and gender identity or expression.

"Just in case Obergefell falls, we want to not have that trigger language in Ohio's constitution anymore," Regula said. "It's not right, knowing all the advantages and all the privileges that come with being able to be married to someone, that marriage should be only for certain people and not for others."

On July 3, Ohio Attorney General Dave Yost accepted and certified the proposal's title, "Ohio Equal Rights Amendment," after the organizers gathered about 2,000 signatures in support of the amendment.

Now, Ohio Equal Rights is focusing its efforts on an Ohio Ballot Board meeting at the Statehouse on Wednesday, where board members will decide whether the proposal contains a single or multiple constitutional amendments. Regula said it's possible some will argue the anti-discrimination protections and the same-sex marriage ban repeal should be decoupled into separate proposals.

If the board certifies the amendment, Ohio Equal Rights must then collect at least 442,958 signatures from registered voters across at least 44 of Ohio's counties, which would amount to at least 10% of the vote cast in the last gubernatorial election. If sufficient signatures are verified by the secretary of state's office at least 65 days before the 2026 election, then the amendment will be placed on the ballot.

Should Ohio Equal Rights succeed, it will follow in the footsteps of other recent constitutional amendments on the ballot. In 2023, Issues 1 and 2 passed with about 57% of the vote to establish the right to abortion and legalize recreational marijuana, respectively. Issue 1 in 2024 would've changed how Ohio's political districts are drawn, but failed with 53% voting against the proposal. 

"The more time passes, the more people get burnt out, get tired and these attacks on marginalized communities become normalized," Regula said. "I don't want to see another failure in Ohio. I want to see people have our voices heard and see that be a successful process."