Action Alert on Ohio Senate Bill 5
Equality Ohio has received many questions concerning Ohio Senate Bill 5. SB5 is a long and complicated bill, and the actual impact -- direct and indirect -- of SB5 on the LGBT community cannot be fully determined in advance. However, it is clear that some language in SB5, disturbing as it may be to our community, will not change existing law and that other language will put in jeopardy domestic partner benefits obtained by public employees through collective bargaining. Aside from these relatively straightforward statements, there is a lot of uncertainty.
Section 3101.01 of the bill restates current law that marriage in Ohio shall be between one man and one woman. It also restates Ohio's public policy against providing the statutory benefits of marriage to same sex couples. While Equality Ohio strives to achieve equal marriage rights in Ohio and disapproves of any legal or other language limiting the recognition of same sex relationships, the inclusion of this language in the bill does not change existing law. Moreover, any statutory language attempting to do so would be superseded by the Ohio Constitutional amendment prohibiting same sex marriage or the extension of the legal benefits of marriage to same sex couples.
On the other hand, SB5 strikes some existing language in Section 3101.01 that recognizes the right of public employees who are in same sex relationships to collectively bargain for health benefits. Accordingly, collective bargaining will no longer be a tool available to the LGBT community to negotiate for domestic partner benefits for public employees, a tool that has had some success at public universities in Ohio. SB5 does not directly strip these domestic partner benefits, but it sets up a mechanism for current collective bargaining agreements granting these rights to be dissolved, and it prohibits future collective bargaining, particularly for health benefits.
Ohio law prohibits same sex couples from marrying to obtain equal health benefits, but many public employees have obtained those benefits through collective bargaining. Therefore, SB5 has a disproportionate impact on LGBT people who cannot marry in Ohio.
There are some gray areas in the law as well. SB5 says that it shall be liberally construed by the courts to effectuate its purpose. Therefore, the language should be read broadly. Some people who have analyzed the law believe that it may eliminate the right of state employees to bargain for domestic partner benefits entirely. Some people believe this bill may also impact public school teachers, such as those in Franklin County who received domestic partner benefits recently through collective bargaining. These concerns are not likely to be resolved until after the bill is passed.
Equality Ohio has urged its members to oppose SB5 as drafted because it limits the ability of our community to obtain health benefits, and we have encouraged our members to point out this disparity to their legislators. Equality Ohio will continue to follow the progress of this bill and analyze the broader, long term impact on our community. While SB5 is pending, Equality Ohio will be a strong voice for the LGBT community in the Statehouse, and we will continue to advocate for equal health benefits for public employees and full equality and inclusion for our community. Call your state legislators today to tell them to protect domestic partner benefits obtained through collective bargaining. Look up your state legislators here (at the bottom).
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