Text of OH HB 332 (2023)
Regards same-sex marriage and interracial marriage
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As introduced
3,669 characters
As Introduced
135th General Assembly
Regular Session
H. B. No. 332
2023-2024
Representatives Miranda, Galonski
Cosponsors: Representatives Brent, McNally, Weinstein, Brennan, Miller, A.,
Skindell, Russo, Jarrells, Somani, Isaacsohn, Baker, Liston, Brown, Thomas, C.,
Grim, Brewer
A B I L L
To amend section 3101.01 and to enact section
3101.011 of the Revised Code to reconcile Ohio
with federal law regarding same-sex marriage and
provide for the right to interracial marriage.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3101.01 be amended and section
3101.011 of the Revised Code be enacted to read as follows:
Sec. 3101.01. (A) Except as provided in section 3101.02 of
the Revised Code, only male persons of the age of eighteen
years, and only female persons of the age of eighteen years, not
nearer of kin than second cousins, and not having a husband or
wife spouse living, may be joined in enter into marriage. A
marriage may only be entered into by one man and one womantwo
persons.
(B)(1) Any marriage between persons of the same sex is
against the strong public policy of this state. Any marriage
between persons of the same sex shall have no legal force or
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H. B. No. 332
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As Introduced
effect in this state and, if attempted to be entered into in
this state, is void ab initio and shall not be recognized by
this state.
(2) Any marriage entered into by persons of the same sex
in any other jurisdiction shall be considered and treated in all
respects as having no legal force or effect in this state and
shall not be recognized by this state.
(3) The recognition or extension by the state of the
specific statutory benefits of a legal marriage to nonmarital
relationships between persons of the same sex or different sexes
is against the strong public policy of this state. Any public
act, record, or judicial proceeding of this state, as defined in
section 9.82 of the Revised Code, that extends the specific
statutory benefits of legal marriage to nonmarital relationships
between persons of the same sex or different sexes is void ab
initio. Nothing in division (B)(3) of this section shall be
construed to do either of the following:
(a) Prohibit the extension of specific benefits otherwise
enjoyed by all persons, married or unmarried, to nonmarital
relationships between persons of the same sex or different
sexes, including the extension of benefits conferred by any
statute that is not expressly limited to married persons, which
includes but is not limited to benefits available under Chapter
4117. of the Revised Code;
(b) Affect the validity of private agreements that are
otherwise valid under the laws of this state.
(4) Any public act, record, or judicial proceeding of any
other state, country, or other jurisdiction outside this state
that extends the specific benefits of legal marriage to
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H. B. No. 332
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As Introduced
nonmarital relationships between persons of the same sex or
different sexes shall be considered and treated in all respects
as having no legal force or effect in this state and shall not
be recognized by this state.
Sec. 3101.011.
This state and its political subdivisions
shall not prohibit marriage between individuals of different
races.
Section 2. That existing section 3101.01 of the Revised
Code is hereby repealed.
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