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Ohio
Legal Help Desk
Find Your State
Know the laws in your state that protect LGBT people and people living with HIV.
Lambda Legal and ACLU File Lawsuit to Challenge Ohio’s Discriminatory Birth Certificate Policy
Ohio is one of only three states that completely refuses to change the gender marker on birth certificates for transgender individuals. Read More
NO
Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?
NO
Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?
YES
Does state law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?
YES
Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?
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.
NO
Does the state explicitly ban transgender exclusions in health insurance?
NO
Does the state have laws that may be used to fight against health care discrimination on the basis of sexual orientation and gender identity?
Does this state have an HIV criminalization law?
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.
Has there been at least one HIV-based criminal prosecution—brought under an HIV-specific criminal law or a general criminal law—in this state in recent years?
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.
Does this state have laws that criminalize or enhance the penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV?
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.
Does this state have criminal laws addressing HIV+ sex workers and/or HIV+ patrons of sex workers?
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.
Who may adopt?
Unmarried adults. If married, spouse must generally join petition. See Ohio R.C. 3107.03.
Second-parent adoptions:
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).
NO
Public accommodations protections on the basis of sexual orientation?
NO
Public accommodations protections on the basis of gender identity?
YES
Does the state allow same-sex couples to marry?
YES
Does the state recognize marriages of same-sex couples from other jurisdictions?
NO
Does the state offer any other type of relationship recognition for same-sex couples?
YES
Does state law prohibit bullying in public schools?
YES
Does the law include cyberbullying?
NO
Does the law specifically mention sexual orientation?
NO
Does the law specifically mention gender identity?
NO
Does the law also apply to private, non-religious schools?
Is there a state antidiscrimination law that applies (or may apply) to schools?
District policy prohibiting harassment, intimidation, or bullying required: Ohio Rev. Code Ann. § 3313.666 (2012)
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Alternatively, here is the telephone number of the Lambda Legal Help Desk nearest you: Midwest Regional Office: 312-663-4413
Latest Posts
Lambda Legal and ACLU Urge Federal Court in Ohio to Strike Down Anti-Transgender Birth Certificate Policy
January 16, 2020
VICTORY! Transgender Ohioans to Get Their Day in Court in Lawsuit Against the State
September 12, 2019
