Ohio Ballot Board votes to split Ohio Equal Rights Amendment into two
'I'd like to give them the benefit of the doubt, but it does feel political,' Representative Terrence Upchurch (D-Cleveland) said. 'I do believe it's political because I think that, looking at what is being proposed, it's pretty simplistic in nature. I think it is one issue. It's cut and dry.'
Each time a person or a group wants to get a proposal constitutional amendment on an Ohio ballot, there are several steps to accomplish. One of them is the certification, by the Ohio Ballot Board, that the proposed amendment is only about one issue. On Wednesday morning, the board voted to split the Ohio Equal Rights Amendment into two.
'It seems apparent to me that it would be good to give [voters] those as two separate amendments,' Secretary of State Frank LaRose (R-Ohio) said. 'Is it conceivable that there are voters out there that would support one part of this but not support the other part of this?'
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'If that were the standard, then that would be true of every proposal that goes before Ohio voters,' legal counsel for Ohio Equal Rights Corey Colombo said. 'There would aspects [voters] like and don't like. But that doesn't change the fact that this is all under the same umbrella.'
What are the, now, two amendments?
The first would remove language from the Ohio Constitution that bans same-sex marriage. That language, though still in the state constitution, is not currently applied thanks to Obergefell v. Hodges, a U.S. Supreme Court case that legalized same-sex marriage in 2015.
Lis Regula, a leader with Ohio Equal Rights, said with the possibility that the case is reconsidered, Ohioans should act fast.
'Right now [same-sex marriage is] entirely dependent on Obergefell, that decision, if it changes, I think there's going to be a lot of people who are surprised that 'oh crap, Cousin Joe and his husband aren't married anymore, what does this mean,'' he said. 'That is a rude awakening that I don't want to see people have to struggle with.'
The amendment would delete existing Ohio Constitution language that bans same sex marriage and replace it with a provision that expressly allows it. If passed, it would read:
'The State of Ohio shall issue marriage licenses to individuals the age of eighteen and above and not nearer of kin than second cousins, and the state and its political subdivisions shall recognize and treat equally all marriages regardless of race, sex, or gender identity. Religious organizations and members of clergy shall have the right to refuse to solemnize a marriage.'
The second amendment would add a new part to the Ohio Constitution that prohibits 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.'
Backers of the amendment argued that both this provision and the same-sex marriage one fall under the same category.
'In this case, the proposal, the petition, all relates to the single general purpose of equal rights of all Ohioans,' Colombo said.
But the problem Republicans took with this portion of the amendment is the portion regarding transgender Ohioans.
'What brought us to this point is seeing the number of already existing laws that infringe on people's rights here in Ohio,' Regula said.
Here's a quick look-back:
In January 2024, Ohio lawmakers based one bill that both bans gender affirming care for minors and bans transgenders athletes from playing on teams that align with their gender identities.
In November 2024, Ohio Lawmakers passed a 'bathroom ban.' It requires both public and private K-12 schools and all Ohio universities to prohibit non-gendered bathrooms and will ban transgender students from using bathrooms that align with their gender identity.
If passed, this amendment could call some of those laws, passed by the Republican supermajority at the Ohio Statehouse, into question.
'How is it the same purpose to allow biological men in the same locker room as girls, when they're not consenting, how is that the same general purpose of allowing people of the same sex, consensually, to get married?' Senator Theresa Gavarone (R-Bowling Green) asked.
Colombo said, 'There's nothing in the language that specifically discusses bathrooms,' but Gavarone took issue with the word 'accommodations.'
To get on the ballot, petitioners need to gather 415,000 valid signatures for each amendment in order to get one or both on the ballot. Their goal is to put the questions in front of voters in November 2026.
'We want to be able to have time to have deep conversations with people and really talk about 'what do equal rights mean to you as an Ohioan, what does it mean to be protected from infringement on your ability to make a living for yourself, provide for your family and develop in an appropriate way,'' Regula said.
With the November 2026 goal in mind, Ohio Equal Rights has until July 2026 to meet the signature requirement. On Wednesday morning, Regula said he is not sure if they will take the Ohio Ballot Board's decision to split the amendment up to court.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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