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Lambda Legal and ACLU File Lawsuit to Challenge Ohio’s Discriminatory Birth Certificate Policy
In 2011, Gov. John Kasich passed executive order 2011-05K prohibiting discrimination in public employment based on sexual orientation.
All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.
The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect LGBT employees. Lambda Legal maintains that the EEOC adjudications regarding Title VII’s coverage should supersede contrary authority that exists in some federal circuits.
YES, Ohio has a criminal law that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct, and the statute explicitly includes very low or no-risk sexual activities. A violation of this statute is classified as a felony.
YES, in recent years, there has been at least one criminal prosecution for HIV nondisclosure in Ohio. In fact, Ohio is considered aggressive in pursuing such prosecutions, because at least 5 such prosecutions have taken place over the last 5 years.
YES, Ohio also has laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, despite the fact that none of these activities presents any real risk of HIV transmission.
YES, Ohio also has laws that enhance punishments for HIV-positive people involved in commercial sexual transactions. It is difficult to obtain accurate data on how often these laws are utilized in Ohio, but there is growing evidence that in general these types of laws targeting sex workers are used much more frequently than other types of HIV criminalization laws.
Unmarried adults. If married, spouse must generally join petition. See Ohio R.C. 3107.03.
Disapproved by intermediate appellate court in In re Adoption of Jane Doe, 719 N.E.2d 1071 (Ohio App. 9th Ninth Dist. 1998).
Adoption by gay man allowed in In re Adoption of Charles B., 552 N.E.2d 884 (Ohio 1990). Gay and lesbian parents can enter into enforceable agreements to share custody of their children. See In re Bonfield, 780 N.E.2d 241 (Ohio 2002).
District policy prohibiting harassment, intimidation, or bullying required: Ohio Rev. Code Ann. § 3313.666 (2012)
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