Columbus, Ohio — The Ohio Supreme Court has ruled that a woman does not have legal parental rights to children born to her same-sex partner, citing existing state law and rejecting a lower court’s attempt to apply a broader interpretation.
The case centered on a former couple who were never legally married but shared a long-term relationship and parenting responsibilities. After their separation, one partner sought legal recognition as a parent, arguing that Ohio law should account for same-sex couples who might have married had it been legal at the time.
The court unanimously rejected that argument, stating that Ohio’s artificial insemination statute applies only to married couples and cannot be extended retroactively based on a hypothetical “would-have-been-married” standard. Justice Patrick DeWine wrote that courts cannot determine what couples might have done under different legal circumstances.
The ruling highlights ongoing legal gaps following the U.S. Supreme Court’s decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide in 2015. At the time of the couple’s relationship, Ohio did not recognize such unions, and the court noted the pair did not marry even after legalization in other states.
A concurring opinion by Justice Jennifer Brunner agreed with the outcome but pointed to procedural issues in how the case was argued on appeal. The case will return to a lower court for further proceedings.
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