Text of OH SB 198 (2017)

As Introduced 132nd General Assembly Regular Session S. B. No. 198 2017-2018 Senator Yuko Cosponsors: Senators Tavares, Thomas, Sykes, O'Brien, Schiavoni A B I L L To amend sections 3101.01, 3101.02, 3101.03, 3101.04, and 3101.05, to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 3101.02 (3101.023) and 3101.03 (3101.024), and to enact new section 3101.02 and sections 3101.021 and 3101.022 of the Revised Code to make changes to the laws governing the ages for which persons may marry. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That sections 3101.01, 3101.02, 3101.03, 3101.04, and 3101.05 be amended; sections 3101.02 (3101.023) and 3101.03 (3101.024) be amended for the purpose of adopting new section numbers as indicated in parentheses; and new section 3101.02 and sections 3101.021 and 3101.022 of the Revised Code be enacted to read as follows: Sec. 3101.01. (A) Male Except as provided in section 3101.02 of the Revised Code, only persons of the age of eighteen years, and female persons of the age of sixteen years, not nearer of kin than second cousins, and not having a husband or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 S. B. No. 198 Page 2 As Introduced wife living, may be joined in marriage. A marriage may only be entered into by one man and one woman. A minor shall first obtain the consent of the minor's parents, surviving parent, parent who is designated the residential parent and legal custodian of the minor by a court of competent jurisdiction, guardian, or any one of the following who has been awarded permanent custody of the minor by a court exercising juvenile jurisdiction: (1) An adult person; (2) The department of job and family services or any child welfare organization certified by the department; (3) A public children services agency. (B) For the purposes of division (A) of this section, a minor shall not be required to obtain the consent of a parent who resides in a foreign country, has neglected or abandoned the minor for a period of one year or longer immediately preceding the minor's application for a marriage license, has been adjudged incompetent, is an inmate of a state mental or correctional institution, has been permanently deprived of parental rights and responsibilities for the care of the minor and the right to have the minor live with the parent and to be the legal custodian of the minor by a court exercising juvenile jurisdiction, or has been deprived of parental rights and responsibilities for the care of the minor and the right to have the minor live with the parent and to be the legal custodian of the minor by the appointment of a guardian of the person of the minor by the probate court or by another court of competent jurisdiction. (C)(1) Any marriage between persons of the same sex is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 S. B. No. 198 Page 3 As Introduced against the strong public policy of this state. Any marriage between persons of the same sex shall have no legal force or 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 (C)(3) (B) of this section shall be construed to do either of the following: (a) (1) 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) (2) Affect the validity of private agreements that are otherwise valid under the laws of this state. (4) (C) Any public act, record, or judicial proceeding of 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 S. B. No. 198 Page 4 As Introduced any other state, country, or other jurisdiction outside this state that extends the specific benefits of legal marriage to 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. 3101.02. Persons of the age of sixteen or seventeen years may be joined in marriage if both of the following apply: (A) The juvenile court has filed a consent to the marriage under section 3101.04 of the Revised Code. (B) The person has obtained consent as provided in sections 3101.021 to 3101.024 of the Revised Code. Sec. 3101.021. To satisfy the requirement of division (B) of section 3101.02 of the Revised Code, the person seeking consent to be joined in marriage shall obtain the consent of the person's parents, surviving parent, parent who is designated the residential parent and legal custodian of the person by a court of competent jurisdiction, guardian, or any one of the following who has been awarded permanent custody of the person by a court exercising juvenile jurisdiction: (A) An adult person; (B) The department of job and family services or any child welfare organization certified by the department; (C) A public children services agency. Sec. 3101.022. For the purposes of section 3101.021 of the Revised Code, a person shall not be required to obtain the consent of a parent who meets any of the following: (A) Resides in a foreign country; 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 S. B. No. 198 Page 5 As Introduced (B) Has neglected or abandoned the person for a period of one year or longer immediately preceding the person's application for a marriage license; (C) Has been adjudged incompetent; (D) Is an inmate of a state mental or correctional institution; (E) Has been permanently deprived of parental rights and responsibilities for the care of the person, the right to have the person live with the parent, and the right to be the legal custodian of the person by a court exercising juvenile jurisdiction; (F) Has been deprived of parental rights and responsibilities for the care of the person, the right to have the person live with the parent, and the right to be the legal custodian of the person by the appointment of a guardian of the person by the probate court or by another court of competent jurisdiction. Sec. 3101.02 3101.023. Any consent required under section 3101.01 3101.021 of the Revised Code shall be personally given before the probate judge or a deputy clerk of the probate court, or certified under the hand of the person consenting, by two witnesses, one of whom shall appear before the judge and make oath that the witness saw the person whose name is annexed to the certificate subscribe it, or heard the person consenting acknowledge it. Sec. 3101.03 3101.024. If For the purposes of section 3101.021 of the Revised Code, if the parent or guardian of a minor person applying for a marriage license is a nonresident of, or is absent from, the county in which the marriage license 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 S. B. No. 198 Page 6 As Introduced is applied for, the parent or guardian personally may appear before the official upon whose authority marriage licenses are issued in the county in which the parent or guardian is at the time domiciled, and give consent in writing to that marriage. The consent shall be attested to by two witnesses, certified to by that official, and forwarded to the probate judge of the county in which the license is applied for. The probate judge may administer any oath required, issue and sign the license, and affix the seal of the probate court. Sec. 3101.04. When the juvenile court files a consent to marriage pursuant to the juvenile rules, the probate court may thereupon issue a license, notwithstanding either or both the contracting parties for the marital relation are under the minimum age prescribed in section 3101.01 of the Revised Code sixteen or seventeen years. The license shall not issue until section 3101.05 of the Revised Code has been complied with, and until such child has been born, or it is found beyond doubt by the juvenile court that the minor female is pregnant and intends to have the child. Sec. 3101.05. (A) The parties to a marriage shall make an application for a marriage license. Each of the persons seeking a marriage license shall personally appear in the probate court within the county where either resides, or, if neither is a resident of this state, where the marriage is expected to be solemnized. If neither party is a resident of this state, the marriage may be solemnized only in the county where the license is obtained. Each party shall make application and shall state upon oath, the party's name, age, residence, place of birth, occupation, father's name, and mother's maiden name, if known, and the name of the person who is expected to solemnize the marriage. If either party has been previously married, the 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 S. B. No. 198 Page 7 As Introduced application shall include the names of the parties to any previous marriage and of any minor children, and if divorced the jurisdiction, date, and case number of the decree. If either applicant is under the age of eighteen sixteen or seventeen years, the judge shall require the applicants to state that they received marriage counseling satisfactory to the court. Except as otherwise provided in this division, the application also shall include each party's social security number. In lieu of requiring each party's social security number on the application, the court may obtain each party's social security number, retain the social security numbers in a separate record, and allow a number other than the social security number to be used on the application for reference purposes. If a court allows the use of a number other than the social security number to be used on the application for reference purposes, the record containing the social security number is not a public record, except that, in any of the circumstances set forth in divisions (A)(1) to (4) (C)(1) to (5) of section 3101.051 of the Revised Code, the record containing the social security number shall be made available for inspection under section 149.43 of the Revised Code. Immediately upon receipt of an application for a marriage license, the court shall place the parties' record in a book kept for that purpose. If the probate judge is satisfied that there is no legal impediment and if one or both of the parties are present, the probate judge shall grant the marriage license. If the judge is satisfied from the affidavit of a reputable physician in active practice and residing in the county where the probate court is located, that one of the parties is unable to appear in court, by reason of illness or other physical disability, a marriage license may be granted 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 S. B. No. 198 Page 8 As Introduced upon application and oath of the other party to the contemplated marriage; but in that case the person who is unable to appear in court, at the time of making application for a marriage license, shall make and file in that court, an affidavit setting forth the information required of applicants for a marriage license. A probate judge may grant a marriage license under this section at any time after the application is made. A marriage license issued shall not display the social security number of either party to the marriage. (B) An applicant for a marriage license who knowingly makes a false statement in an application or affidavit prescribed by this section is guilty of falsification under section 2921.13 of the Revised Code. (C) No licensing officer shall issue a marriage license if the officer has not received the application, affidavit, or other statements prescribed by this section or if the officer has reason to believe that any of the statements in a marriage license application or in an affidavit prescribed by this section are false. (D) Any fine collected for violation of this section shall be paid to the use of the county together with the costs of prosecution. Section 2. That existing sections 3101.01, 3101.02, 3101.03, 3101.04, and 3101.05 of the Revised Code are hereby repealed. 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220