Relationships and Family

Ohio's LGBT families are not fully and equally protected by state law. Ohio does not perform or recognize same sex marriages, civil unions or domestic partnerships. In addition, the state's Constitution was amended in 2004 to say:

Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions. This state and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage.

Ohio also limits marriage to "one man and one woman" by statute.

Loving couples who are LGBT who wish to adopt children or seek to be a custodial parent of their partner’s biological child, face struggles and barriers to full protection under the law. In Ohio, unfortunately, the courts have not been willing to allow two same-sex individuals to adopt a child together, nor have they approved of a second-parent adoption when the other parent is the same sex as the first parent.

What Ohio Voters Truly Believe

While the majority of Ohioans do not currently support marriage equality for loving same-sex couples, they do understand that LGBT couples deserve to be treated with fairness and dignity. A 2006 poll of Ohio voters told us that:

  • 91% of Ohioans support hospital visitation rights for same sex couples even though present Ohio law does not protect the right of a partner to visit their loved one in the hospital;
  • 64% of Ohioans support legal inheritance rights for same sex couples equal to married couples even though Ohio law currently treats committed partners as legal strangers when it comes to inheritance rights.
  • 58% of Ohioans support health insurance benefits for the domestic partners of state employees, although no local or state government in Ohio provides health insurance for domestic partners of any employee. Update May 2010: Franklin and Lucas County and Cleveland Heights now provide health insurance benefits for the domestic partners of their municipal employees.
  • 52% of Ohioans support civil unions for same sex couples, even though the Ohio Constitution was amended in 2004 to ban this kind of relationship recognition

Protecting Our Children

LGBT couples who wish to adopt children, or who seek to be a custodial parent of their partner’s biological child, face serious challenges and barriers to full protection under the law. In Ohio, unfortunately, the courts have not been willing to allow two same-sex individuals to adopt a child together, nor have they approved of a second-parent adoption when the other parent is the same sex as the first parent.

In addition, extremist groups in Ohio have been threatening to put forth an effort to outright ban all adoptions by LGBT individuals.

Both of these policies harm the children of Ohio who are being raised in loving, supportive households or who are looking for a family to call their own.

Why an Adoption Ban is Wrong

Simply put, the best interest of each child should be paramount when screening potential adoptive or foster parents. The determination of what is in the best interest of the child should be left in the hands of qualified medical and legal authorities. Case workers, local agencies, and family court judges are the experts who know the child and the prospective parents best. Broad restrictions against entire categories of potential parents hamper efforts to act in the best interest of each child.

There are no, medical, legal or child-welfare basis for banning gay parenting. Respected professional organizations that advocate for the health and welfare of children have expressed official support for same-sex adoption and foster parenting when it is in the best interest of the child. This includes social workers, pediatricians, psychologists, and others (see resource list, below).

A ban on an entire category of potential parents shrinks Ohio’s already small pool of adoptive and foster parents. The result: children will have to wait even longer for a permanent home. Right now, over 6000 children in Ohio are looking for a loving, permanent adoptive family. A ban against a broad category of Ohioans from adoption or foster parenting serves no valid purpose. It is simply an act of discrimination with no basis in fact or law. Gay parents and their children are just as happy and healthy as heterosexual parents and their children. The research is abundant and clear. (see resource list, below)

Resources on LGBT adoption

Organizations with official statements supporting fair and equal parenting rights for gay and lesbian parents:

American Academy of Child and Adolescent Psychiatry (1999)
American Academy of Family Physicians (2002)
American Academy of Pediatrics (2002)
American Bar Association PDF (1995, 1999 and 2003)
American Medical Association (2004)
American Psychiatric Association (1997 and 2002)
American Psychoanalytic Association (2002)
American Psychological Association (1976 and 2004)
Child Welfare League of America (1988)
National Association of Social Workers (2002)
North American Council on Adoptable Children (1998)

Please see "Too High A Price: The Case Against Restricting Gay Parenting" from the ACLU for detailed analysis and research.

 

 

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