Supreme Court appeal reignites push to repeal Ohio's same-sex marriage ban ...Middle East

COLUMBUS, Ohio (WCMH) -- A push to repeal Ohio's same-sex marriage ban is gaining urgency after former Kentucky county clerk Kim Davis asked the U.S. Supreme Court last week to revisit Obergefell v. Hodges, the 2015 decision that legalized same-sex marriage.

Davis, who gained national attention a decade ago for refusing to issue marriage licenses to same-sex couples, is appealing a ruling that requires her to pay $360,000 in damages and legal fees to a couple she denied in 2015. In her petition to the high court, Davis argues the First Amendment shields her from personal liability and is calling on the justices to overturn Obergefell, which she claims was "egregiously wrong" and a threat to religious freedom.

"This flawed opinion has produced disastrous results," her legal filing states, "leaving individuals like Davis finding it increasingly difficult to participate in society."

This marks the first time since Obergefell was decided that the Supreme Court has been formally asked to reconsider marriage equality. The move has alarmed LGBTQ+ advocates in Ohio, where a 2004 constitutional amendment still defines marriage as only between a man and a woman -- language that remains on the books despite being unenforceable under current law.

A preemptive strike

Ohio Equal Rights, a grassroots organization, is collecting signatures to place a constitutional amendment on the 2026 ballot that would repeal the state's same-sex marriage ban.

"Regardless of what the Supreme Court decides this time, attacks on our rights will keep coming," the group said in a statement. "We're fighting to repeal Ohio's gay marriage ban so marriage is protected here -- no matter what happens federally."

Lis Regula, executive co-chair of Ohio Equal Rights, said in a previous NBC4 interview that the effort is about ensuring state protections remain in place, especially if Obergefell is overturned.

“Just in case Obergefell falls, we want to not have that trigger language in Ohio's constitution anymore," Regula told NBC4 in a previous interview. "It's not right, knowing all the advantages and all the privileges that come with being able to be married to someone, that marriage should be only for certain people and not for others."

The concern is not unfounded. In 2022, when the Supreme Court overturned Roe v. Wade, Justice Clarence Thomas wrote in a concurring opinion that the court should also reconsider other substantive due process rulings, including Obergefell.

Legislative backing

Democratic lawmakers at the Ohio Statehouse have echoed these concerns. In June, they introduced a resolution to place their own marriage equality amendment on the 2026 ballot. A similar effort last year, to align Ohio law with the federal protections of Obergefell, stalled in committee.

Ballot strategy and hurdles

Ohio Equal Rights is also collecting signatures for a separate amendment that would add broad anti-discrimination protections to the state constitution -- covering race, religion, sex, sexual orientation, gender identity and more. The group initially sought to combine the marriage and discrimination initiatives into one amendment, but the Ohio Ballot Board voted in July to split them into two.

To qualify for the 2026 ballot, the organization must gather signatures from at least 10% of voters from the last gubernatorial election, spread across at least 44 of Ohio's 88 counties. All signatures must be submitted and verified by the secretary of state at least 65 days before the election.

If successful, the proposals would follow in the footsteps of other constitutional amendments in recent years. In 2023, voters approved Issues 1 and 2, establishing the right to abortion and legalizing recreational marijuana, each with around 57% support. Another amendment, Issue 1 in 2024, aimed at changing how political districts are drawn, failed by a 53-47 margin.

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