Ohio Issue 1 is Unconstitutional

Abstract:     
In November of 2004, the voters of the State of Ohio adopted Ohio Issue 1, an amendment to the state constitution providing that only a marriage between one man and one woman may be valid in or recognized by the state or any political subdivision, and that neither the state nor any political subdivision could create or recognize any legal status that approximates the design, qualities, significance, or effect of marriage. The purpose of this measure was to prohibit the recognition of same sex marriage, and to prevent the extension of the benefits of marriage to same sex unions by any governmental unit within the state. The author argues that Ohio Issue 1 is unconstitutional because it violates the fundamental right of marriage, and because it distorts the governmental decisionmaking process, creating different rules for different people who are seeking the adoption of laws or policies on their behalf. The author also identifies eleven arguments that the supporters of Ohio Issue 1 may make on its behalf, and rebuts each of these arguments.

Accepted Paper Series