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Ohio Becomes 38th DOMA State 2/9/2004 Defense of Marriage act gains governor’s signature.
Ohio Gov. Bob Taft (R) signed a Defense of Marriage Act (DOMA) in private on Friday, February 6, after intense lobbying efforts by Concerned Women for America and Ohio pro-family groups. Ohio is now the first state to define marriage in the wake of the Massachusetts Supreme Judicial Court’s November decision to recognize homosexual marriage. The Ohio Senate passed the DOMA by a vote of 18-15 on January 21, 2004.
In a statement released on Friday, Gov. Taft said, “First and foremost, this is not a law of intolerance. I do not endorse, nor does this law provide for, discrimination against any Ohio citizen. The singular purpose of HB 272 is to reaffirm existing Ohio law with respect to our most basic, rooted, and time-honored institution: marriage between a man and a woman. Marriage is an essential building block of our society, an institution we must reaffirm. At a time when parents and families are under constant attack within our social culture, it is important to confirm and protect those environments that offer our children, and ultimately our society, the best opportunity to thrive.”
The language of the bill is very clear: “A marriage may only be entered into by one man and one woman.” This clause was needed to preempt a court challenge to the current language on the books, which could possibly be construed by activist judges to allow homosexual marriages, said David Miller of Cincinnati-based Citizens for Community Values (CCV).
In addition, the bill states, “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 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.”
Ohio’s DOMA is much more comprehensive than the defense of marriage laws in most of 37 other states and the federal government.
A driving factor in its passage is the fear that Ohio will be forced to recognize homosexual marriages performed in other states.
"It is only a matter of time before a same-sex couple seeks to have their 'marriage' or civil union recognized in Ohio," Chris Long, executive director of the Christian Coalition of Ohio, told the Columbus Dispatch.
Speaking to this concern, Miller said, “Ohio legislators felt like the defense of marriage needed to be strongly worded in order to stand up to any potential challenge under the full faith and credit clause of the U.S. Constitution.” He explained that the only exception to forcing Ohio to accept the validity of another state’s decision to condone same-sex marriage is if Ohio has a “strong public policy” against homosexual marriages.
The Dispatch reports that Senate Democrats and other opponents have dubbed the bill the Denial of Benefits Act. They say it could threaten domestic-partner benefits offered by companies -- including Cardinal Health, Nationwide and Limited Brands -- and hurt Ohio's reputation and economy.
“That’s a smokescreen,” said CCV’s Miller. In order for the law to stand up in courts, Miller said that it also had to prevent giving benefits specifically reserved for married couples to same-sex unions. However, this does not mean that same-sex couples will be denied benefits regularly given to unmarried people, such as single parents.
Opponents held a candlelight vigil on the Statehouse lawn the night before the Legislature’s vote.
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