What This Resolution Does
HJR 4 is a joint resolution proposing a constitutional amendment to Section 11 of Article XV of the Ohio Constitution. It would repeal Ohio's dormant 2004 same-sex marriage ban, align state law with federal precedent under Obergefell v. Hodges, and affirmatively recognize the right to interracial marriage in the Ohio Constitution.
If passed by three-fifths of both chambers, the amendment would go to Ohio voters for a statewide ratification vote. The current resolution has received no committee hearings.
Why It Matters for LGBTQIA+ Ohioans
Ohio's 2004 "Defense of Marriage" amendment remains in the state constitution and would become operative if Obergefell were ever reversed or narrowed. Several U.S. Supreme Court justices have signaled willingness to revisit Obergefell, making state-level codification of marriage equality an increasingly urgent priority.
HJR 4 complements the parallel Ohio Equal Rights 2026 ballot campaign, which is collecting signatures for a citizen-initiated Right to Marry Amendment due July 1, 2026. Because the legislative path has received no hearings, the ballot initiative is now the primary live vehicle for repealing the 2004 ban.
Legal & Constitutional Context
- Preservation Against Federal Rollback — Enshrining marriage equality in the Ohio Constitution protects Ohio couples from any future weakening of Obergefell.
- Interracial Marriage Recognition — The amendment extends explicit constitutional protection that was not previously in the Ohio Constitution, even after Loving v. Virginia.
- Legislative Threshold — Joint resolutions require three-fifths of each chamber to reach the ballot. With no Republican support and the House held by the GOP, legislative advancement is unlikely this session.