Updated 02.17.12 The ACLU believes that individuals should
not be discriminated against based on sexual orientation or gender identity. To that end,
the ACLU deploys legal, educational and legislative resources to fight for full legal rights
for lesbian, gay, bisexual and transgender individuals, whether in employment, schools,
marriage or parenting.
What’s Happening in Ohio
Discrimination
The Cuyahoga Falls Natatorium made headlines across the nation when it denied a request from two
Akron men, one an injured Iraq war veteran, to convert their individual memberships
to a family membership after they were legally married in Washington, D.C.
The couple created an online petition, demanding that the natatorium allow same-sex couples
to receive family memberships. In January, the
ACLU of Ohio sent a letter to Cuyahoga Falls officials, urging them to expand their
definition of family.
The public outcry against the natatorium policy has been substantial. Over 5,000 people
have signed the couple’s petition. Many have also contacted Cuyahoga Falls leaders to
express their anger,
prompting the city to reexamine the issue.
School Bullying
Recent cases of bullying in Ohio and nationwide have shed new light on the
challenges many students experience every day. In April 2011, the ACLU of Ohio sent
a letter to school superintendents
around the state urging them to adopt proactive
bullying policies that balance education and discipline.
In October, 2011 a Chillicothe-area freshman named Zach was assaulted by a fellow student
in his high school classroom because of his sexual orientation. In the days following the
attack, a video of the incident was posted online. Watch Zach tell his story on YouTube or
below.
In December 2011, the ACLU offered testimony to the Ohio
Senate Education Committee showing support for new anti-bullying legislation. The ACLU
also testified on the constitutional limits schools and the legislature face when addressing
“cyber-bullying,” which often happens outside of school.
On February 2, 2012, Governor John Kasich signed House Bill 116, also known as the Jessica
Logan Act, into law. The bill requires school staff to obtain training to prevent bullying,
mandates that parents receive annual notification of school bullying policies and extends
those anti-bullying to school buses.
The ACLU welcomes these long overdue
changes, but calls for additional protections on the state and federal level, including
enumeration of specific factors that place students in immediate need of protection from
bullying, factors such as race, ethnicity, sexual orientation and gender identity. Only with
these tools will schools be fully equipped to foster a positive learning environment for
all young people.
Target of LGBT Bullying in Ohio School
Tells His Story
Anti-discrimination Ordinances
Twenty-nine Ohio cities and counties now have anti-discrimination ordinances. Eleven of
these fully protect individuals from discrimination in employment and housing based on
sexual orientation and gender identity. In addition the State of Ohio protects its workers
from discrimination based on sexual orientation, but not
gender identity.
The following Ohio cities and counties have an LGB or LGBT anti-discrimination ordinance
that protects all individuals from discrimination:
Akron*, Athens*, Bowling Green*, Canton, Cincinnati*, Cleveland*, Cleveland Heights,
Columbus*, Dayton*, East Cleveland*, Lakewood, North Olmsted, Oberlin, Oxford*, Shaker
Heights, Toledo*, and Yellow Springs*.
The following cities and counties have protections for city or county employees only:
Cuyahoga County, Cuyahoga Falls, Franklin County, Gahanna, Hamilton, Hamilton County,
Laura, Lima, Lucas County, Montgomery County, Summit County, and Wood County.
* Indicates that the ordinance provides full protections from
discrimination in employment and housing based on gender identity and sexual orientation.
More information about the protections offered in each area is available here.
Domestic Partner Registries
In June 2011, Athens became
the fourth city in Ohio — joining Toledo, Cleveland, and Cleveland Heights —
to pass a domestic partner registry. While registries do not create any new legal rights,
they can be an invaluable tool for unmarried same and opposite sex couples to access
other services – such as employment benefits, child care, hospital visitation, and
more.
Marriage Equality
Full marriage equality exists in six
states, and others allow civil unions, domestic partnerships, or other types of legal
recognition. However, Ohio is one of many states that
have either state laws or constitutional provisions barring same-sex marriage or
relationship recognition.
In November 2004, Ohio’s state constitution was amended by ballot Issue 1 to ban
same sex marriage. Article 15, Section 11 of the Ohio Constitution now says that the
state shall not create or recognize relationships of unmarried adults that approximates
marriage. In 2007, the Ohio Supreme Court narrowly interpreted the reach of Issue 1 in
the case Ohio v. Carswell, allowing the state to continue enforcing domestic
violence laws even if the couple was unmarried. Read the ACLU of Ohio
press release and legal brief.
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