Supporters of an anti-discrimination amendment were handed a setback from the Ohio Ballot Board, as the Republican-dominated panel ruled their proposal would need to be divided into two parts.
The Republicans on the board divided the Ohio Equal Rights Amendment so that one petition would be needed to overturn the Defense of Marriage Act, which was approved by voters in 2004 but has been dormant since the U.S. Supreme Court's decision legalizing same-sex marriage in 2015.
The other part would prevent local and state governments from discriminating against LGBTQ Ohioans, women, and several other protected groups. It would ban discrimination based on 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.
Republican Secretary of State Frank LaRose said it seems that there are Ohioans who support or oppose same-sex marriage but don't have the same views about the other part of this amendment.
“So, in order to provide voters that choice, it seems apparent to me that it would be good to give them those two in two separate amendments," LaRose said.
But Corey Columbo, the attorney for Ohio Equal Rights, disagreed, saying it is all under the same umbrella.
“In this case, the proposal, the petition all relates to the same general purpose of equal rights of all Ohioans,” Columbo said.
Before making its decision, Ballot Board member Sen. Theresa Gavarone (R-Bowling Green) asked questions that hinted at an issue where amendment opponents might focus their energy if the proposals make it on the ballot.
“How is it that the same purpose to allow biological men in the same locker room as girls and when they are not consenting? How is that the same general purpose as allowing people of the same sex consensually to get married?” Gavarone said.
Columbo responded, “There’s nothing in the language that specifically discusses 'bathroom'.”
As of February, Ohio has a so-called bathroom law requiring people at Ohio's primary and secondary schools to use the bathroom that aligns with the gender on their birth certificates. The bill also designates public and private school bathrooms and other facilities such as locker rooms as exclusively single-sex.
Republicans have championed positions limiting trans' peoples rights and passed legislation opposed by trans Ohioans and the larger LGBTQ community.
Though disappointed in the board's decision, Ohio Equal Rights spokesperson Lis Regula found one point of hope.
“The hopeful side of me appreciates that they are recognizing the support for same-sex marriage. That’s great. We’ve made progress. We still have progress to make. There is still work to do,” Regula said.
Now that the Republican-dominated board ruled the amendment must be split, supporters of it will have to circulate two petitions. That will make it harder for the group to get the 443,200 valid signatures needed on both to put the issue on the ballot.
There’s no word on whether the group will sue to try to put the amendment back together or if backers will circulate petitions in two parts.
