Original Post: March 11, 2025, Last Updated: 03/11/2025
The start of 2025 has created a lot of uncertainty for LGBTQ+ Ohioans. The unprecedented number of executive orders directed at our community and the implementation of SB 104 have significantly impacted trans youth healthcare and other essential rights. Many in our community have also shared their fears and anxiety about the status of their current or future marriages. In response, we have created this blog post dedicated to the Obergefell v. Hodges decision. This page will be consistently updated with the latest information. Please bookmark this page now, and then use it in the months to come as an ongoing resource.
Marriage Equality Timeline
A Look Back: The Fight for Marriage Equality in Ohio
In 2004, Ohio voters approved a constitutional amendment explicitly banning same-sex marriage and civil unions. This moment was a turning point. In response, a group of 65 dedicated LGBTQ+ activists and allies from all corners of Ohio came together in 2005 to build an organization with a vision for an Ohio where “everyone feels at home.” That organization was Equality Ohio, and we are 20 years old this year.
Our founders’ vision was broader than just marriage—they sought to advocate for comprehensive LGBTQ+ rights, including nondiscrimination protections, adoption rights, and the correction of birth certificate gender markers.
Jim and John: A Love Story that Changed History
Despite the legal barriers, LGBTQ+ Ohioans in love continued to build their lives together, fighting for recognition. One such couple was Jim Obergefell and John Arthur.
Jim and John were partners for 22 years before Arthur died of ALS in 2013. Their love story became the foundation for one of the most significant civil rights cases in U.S. history.
They met in the early 1990s at a bar near the University of Cincinnati, quickly falling in love. Together, they built a life, working in IT consulting and sharing a deep bond. When Arthur was diagnosed with ALS, they made the decision to marry, traveling to Maryland—where same-sex marriage was legal—exchanging vows aboard a private plane on the tarmac.
But Ohio refused to recognize their marriage. Before Arthur’s passing, the couple knew that the state would not list Jim as his surviving spouse. Determined to honor their love and demand justice, they took legal action—a fight that would ultimately transform the lives of millions of LGBTQ+ people across the United States.
On June 26, 2015, the U.S. Supreme Court ruled on Obergefell v. Hodges in a landmark decision. The court’s decision affirmed the right of same-sex couples to marry and required states to license and recognize these marriages. This victory was a culmination of decades of activism and legal battles, marking a historic step toward legal equality.
Ten years later, in the wake of recent developments, we asked Jim Obergefell, longtime supporter of Equality Ohio (whose name with John’s, is the title of our Obergefell & Arthur Society), for his thoughts regarding the current state of LGBTQ+ rights. We also asked Al Gerhardstein, Lead Counsel for the case, for his opinion on the future of marriage equality.
Words of Inspiration from Jim Obergefell
Like many of you, I’ve been struggling since the November election. Angry, disheartened, disappointed, afraid, disgusted, alone—these are just some of the feelings I’ve been dealing with.
Where do I find hope? How do I keep advocating when every day brings new attacks on the queer community—especially our trans family—and all marginalized people?
I still don’t know.
One recent morning, a friend asked me over the phone if I’d seen the sky yet. My living room faces west, so I went to the bedroom to look east, and there it was, a glorious pink and lavender sky. Looking at that sky made me think of all the LGBTQ+ activists throughout history who have fought for new days filled with hope and progress. We too will keep going—not just for ourselves, but for future generations.
As a woman, a scientist, and a decent human being, my friend understands the weight of these times, too. We’ve talked about the deep-seated ignorance and hate that have long plagued this country, like a cancer that now seems to have metastasized to every corner of the country. And in moments of exhaustion, we’ve imagined a different life somewhere else, a place where equality isn’t a battle but a given, where respect and dignity aren’t up for debate.
She said something that I didn’t realize I needed to hear on our call that morning. She said,
“Some mornings the sky will be beautiful, and we’ll have hope. Other days the sky will be leaden gray and stormy, and we’ll feel hopeless. But, here’s the thing: the beautiful mornings will still happen.”
I decided then and there that I’m going to focus on the beautiful mornings, those days when the sky is alive with color, when it feels like anything is possible. Sure, those gray depressing mornings will continue to happen, but that glorious morning full of beauty, color, and hope might arrive the very next day.
Every activist believes in and fights for that new day—one full of hope, for those who come after them. Sure, our pleas for a better world feel different now than it did during the marriage equality years, and it’s certainly more difficult. And yeah, we’re getting really tired of fighting constantly for our rights to life, liberty, and the pursuit of happiness. We shouldn’t have to do that in a nation whose governing document begins with “We the People,” not “We, Some of the People.”
But we’ll keep doing it, because it’s the right thing to do. For us, for our loved ones, and for those who come after us.
Do not give in to a life of gray mornings filled with storm clouds and oppression, a life devoid of hope. LGBTQ+ people are a tapestry—and a day filled with color, hope, and joy will indeed dawn again. Fight for that truth, just like activists have done throughout history. And remember to fight for a new day that uplifts all l marginalized communities, not just the one that looks most like you.
A conversation with Al Gerhardstein, Lead Counsel for Jim Obergefell, Obergefell v Hodges
How secure is the right to same-sex marriage?
The short answer is, “pretty secure” but not absolutely secure.
The longer answer is the power of precedent.
The Supreme Court of the United States (SCOTUS) is not supposed to flip flop. The Court occasionally reverses prior decisions, but that is supposed to be a rare event, pursued slowly, with deliberation. For SCOTUS to overturn Obergefell, there would need to be a case in litigation that makes it all the way up to the Supreme Court, and is then granted—we have no indications that is occurring at this time.
For example, the courts issued many court decisions on limitations of reproductive rights, slowly building the case to reverse Roe v. Wade. After standing for 50 years, the SCOTUS decision in Dobbs v. Jackson Women’s Health was decided. That decision then returned abortion access to each individual state.
We are now 10 years into life after Obergefell. No serious momentum in the case law is currently building to reverse this decision.
We’d also like to note that, for parents, this is a good time to review Equality Ohio Legal Clinic’s Family Law Guide, and ensure that you have taken the preventative steps needed to ensure legal parentage of your children. You can also reach out to our legal clinic, or follow our Linktree and social media for legal event updates.
What about the wording of Justice Thomas in the Dobbs decision?
In his concurring decision in Dobbs, Justice Clarence Thomas said that prior decisions based on the theory of substantive due process, including decisions overruling bans on contraception (Griswold v. Connecticut), oral and anal sex (Lawrence v. Texas), and gay marriage (Obgerfell v. Hodges), should be reconsidered. No other justice directly joined in his decision, and his words have no binding precedent.
In fact, writing for the majority in Dobbs, Justice Alito made a point to say “Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion.” LGBTQ+ marriage does not concern abortion, so according to Alito’s own words, it would not be viable to argue a case for Obergefell using Dobbs.
Obgergefell was decided in 2015 on solid grounds of substantive due process, and on equal protection as guaranteed in the 14th amendment. Civil rights grounded in equal protection have strong staying power.
Truthfully, a repeal of the Ohio Marriage Ban would be the most definitive way to protect marriage equality, the current political reality makes this an uphill battle. Still, complacency is not an option.. No matter the landscape, we must remain vigilant, organized, and unwavering in our fight to protect the rights of LGBTQ+ Ohioans..
What’s the status of the Federal Respect for Marriage Act?
In December of 2022, the United States Congress passed and President Biden signed into law the Federal Respect for Marriage Act. This law repeals the 1996 Defense of Marriage Act, which had previously prohibited the federal government from recognizing same sex marriages across state lines.
The Federal Respect for Marriage Act requires states to recognize same sex marriages validly entered into in another state. So, what happened to Jim Obergefell and John Arthur—who were married in Maryland and their marriage was not recognized by the state of Ohio—cannot happen again.
Even if Obergefell were reversed, same-sex marriages performed in states where it remains legal would still be recognized nationwide, based on full faith and credit—i.e. states will typically recognize legally binding documents from another state, even though that option does not exist in that state. This provides substantial protections; there will always be some states that permit same sex marriage.
What’s the status of the Ohio Constitutional Marriage Ban?
In 2004, Ohio voters amended the Ohio constitution to prohibit same sex marriage. In fact, a total of 35 states have same sex marriage bans built into state law. The Obergefell v. Hodges decision makes the state constitutional provision unenforceable under the U.S. Constitution. If Obergefell v. Hodges is someday reversed, the federal Respect for Marriage Act would continue to protect same sex marriages from other states in Ohio. Further protections would apply if the marriage ban in the Ohio constitution were to be repealed.
Public opinion shows 67% of Americans support same sex marriage. Also, it should be noted, that Project 2025 does not expressly call for banning same sex marriage, although it does call for funding programs that support “traditional family structures”.
What is Equality Ohio doing to protect marriage equality?
A note from Executive Director, Dwayne Steward
Many people have reached out to us asking this question. With Obergefell v. Hodges as the law of the land and the Federal Respect for Marriage Act in place, Ohio marriages are protected.
While some lawmakers are stoking fear, our own legal experts, as well as other experts including Kate Shaw of The University of Pennsylvania Carey Law School, emphasize that the Supreme Court can only revisit Obergefell v. Hodges if a ‘live dispute’ arises. That said, we remain vigilant.
Equality Ohio and Equality Ohio Legal Clinic are closely monitoring developments, in collaboration with other state and national LGBTQ+ organizations. It’s critical for us to stay informed and prepare for any outcomes that may impact the rights and dignity of our community members, and we will continue to update this space, and keep our community informed.
Like many civil rights advocates, we were inspired by the steadfast work of the Reproductive Rights Coalition in securing access to abortion. It is also important to note that, in the current political landscape of Ohio, statewide campaigns on this scale require significant funding ($20-35 million), a strong coalition, and several years of preparation. As we saw in the recent statewide campaigns, significant procedural barriers would likely be placed in our path to the ballot box.
Polling still shows a majority of Americans support marriage equality, but that support has decreased recently, due to the changing political tide over the last year.
Equality Ohio is constantly assessing the most effective ways to utilize our resources and energy to advocate for LGBTQ+ Ohioans. It’s crucial to remember that our fight for lived and legal equality is multifaceted at both the state and local levels.
But let me be clear, marriage equality has consistently been under attack since 2015. There are magistrates that stopped providing marriage certificates to anyone because they didn’t want to give them to LGBTQ+ couples. There are bakeries and businesses that refuse to serve LGBTQ couples who are getting married. This fight is not unfamiliar. But for every opponent there are so many more that have supported our right to marry.
As Equality Ohio celebrates our 20th anniversary, we remain committed to this fight. And as the new Executive Director, I am personally working to develop innovative strategies and pathways for LGBTQ+ empowerment, in close collaboration with the boards of Equality Ohio and Equality Ohio Education Fund, our dedicated staff and legal fellows, the media, and our wide network of incredible partner organizations. The LGBTQ+ community in Ohio is more organized than ever. Together, we are ready to tackle the challenges ahead and prioritize the needs of impacted LGBTQ+ communities first.
We’ve been here before. We’ve won before. We will win again.
What You Can Do
Attorneys: Join the Attorney Referral Network
Newsletter Signup: Learn about upcoming legal clinic and other organizational events
Businesses: Join Ohio Business Competes
MAP Marriage and Relationship Recognition Laws
Above all, we take care of each other, regardless of what any policy says. We exist, and we will always exist. We’ve got us. Did you learn something today? Support our advocacy and legal work with a one-time donation, or become a Defender of Equality with a recurring donation to help us continue our fight for LGBTQ+ rights in Ohio. If you’re able to do more, consider joining the Obergefell and Arthur Society, and leave a legacy in Jim and John’s name.
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