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Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

COLUMBUS OHIO LGBT LAWYER, COLUMBUS OHIO SAME SEX DIVORCE LAWYER, COLUMBUS GAY DIVORCE LAWYERVirginia Cornwell is an OSBA Certified Family Relations specialist who can assist in obtaining a same sex marriage divorce in Ohio.

In a 5-4 decision announced on Friday, June 26, 2015, the U.S. Supreme Court decided that same sex marriage is a constitutional right, and that states may not ban same sex marriage. In Obergefell, et al. v. Hodges, Director, Ohio Department of Health, et al. , the U.S. Supreme Court ruled that

  • The Fourteenth Amendment requires a state to license a marriage between two people of the same sex, and
  • States must recognize a marriage of the same sex when the marriage was lawfully licensed and performed out of state

What does this mean to Ohioans?  Legally, it means that same sex couples are now be able to both marry and divorce in Ohio.

However, the decision does go on to say: “Finally, it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned.”  What does this mean to Ohioans who want to have a same sex marriage ceremony?  It means that they do not have the right to have their ceremony in a church who does not accept same sex marriage.

The decision anticipates some of the “push back” that may come from states who have anti-same sex marriage laws on the books still, such as Ohio, and deals with the possibility in short measure by stating:

“The Fourteenth Amendment requires States to recognize same- sex marriages validly performed out of State. Since same-sex couples may now exercise the fundamental right to marry in all States, there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character.”

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