Two citizen initiatives in Ohio, which would amend the state constitution regarding same-sex marriage, were certified to circulate for signature-gathering in the state. If enough signatures are submitted, these amendments will be decided by voters in 2026.
One initiative would repeal language in the Ohio Constitution defining marriage as between a man and a woman, while the other would provide for equality of rights under the law on account of race, color, creed or religion, sex, sexual orientation, gender identity or expression regardless of sex assigned at birth, pregnancy status, genetic information, disease status, age, disability, recovery status, familial status, ancestry, national origin, or military and veteran status.
Originally, both initiatives were filed as a single initiative by the Ohio Equal Rights organization. However, the Ohio Ballot Board voted on July 9 to divide the petition into two. Ohio Secretary of State Frank LaRose (R), who is chairman of the board, said, “It would be good to give [voters] those as two separate amendments. Is it conceivable that there are voters out there that would support one part of this but not support the other part of this?”
Ohio Equal Rights co-chair Lis Regula, responding to the Ohio Ballot Board decision, said, “We still think splitting the amendment creates unnecessary hurdles, but we still think, moving forward, this is our best shot. It could take months, if not years, to appeal the decision in court. Moving forward, even though it is double the signatures and paperwork, it is the best shot we have at securing equality for every Ohioan.”
In order for a constitutional amendment to make the ballot in Ohio, initiative proponents must collect 413,488 valid signatures and submit them 125 days prior to election day, which is July 1, 2026. This doesn’t include the 1,000 signatures required for the initial petition application. Because the initiative was split into two, the proponents will have to collect this amount of signatures for each initiative. Ohio also has a signature distribution requirement, which requires that signatures be gathered from at least 44 of Ohio’s 88 counties.
Ohio has recognized same-sex marriage since 2015 after the U.S. Supreme Court Obergefell v. Hodges ruling. This ruling struck down state constitutional and legal bans of same-sex marriage. However, 27 states still have a constitutional amendment banning same-sex marriage. In 2004, Ohio voters approved a constitutional amendment defining marriage as between one man and one woman, but due to the Obergefell ruling, this amendment is no longer in effect.
Since 1994, there were 41 statewide ballot measures related to same-sex marriage on the ballot. Out of these measures, there were 34 measures in 30 states to prohibit same-sex marriage or define marriage as between one man and one woman. Of these measures, 31 were approved and three were defeated. There were also two measures on the ballot related to civil unions, and one ballot measures that legalized same-sex marriage in Washington.
After the Obergefell ruling, constitutional amendments defining marriage as between a man and a woman were struck down. After 2015, four states placed initiatives on the ballot to remove amendments defining marriage as between a man and a woman—California, Colorado, Hawaii, and Nevada. All four initiatives were approved.
Besides Ohio, Virginia voters may also decide a constitutional amendment in 2026 to remove a provision defining marriage as between a man and a woman. This amendment will need to pass the legislature another time to be placed on the ballot in 2026.
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