This procedure letter (PL) transmits clarification and technical assistance following the United States Supreme Court's decision in Obergefell v. Hodges. Before the United States Supreme Court's June 26, 2015 decision in Obergefell v. Hodges, Ohio's constitution and statutory law which provided that marriage only consisted of a union between one man and one woman, was in effect. Pursuant to the United States Supreme Court's decision in Obergefell v. Hodges, Ohio now must license and recognize same-sex marriages.

Consistent with the decision in Obergefell v. Hodges, all requirements, functions, benefits, services, and activities pertaining to married couples related to family, children and adult protective services are now applicable to same-sex married couples. Accordingly, same-sex married couples must be recognized as married for the purpose of adoption and the adoption approval process. Several ODJFS forms will also require changes to reflect the Court's decision in Obergefell v. Hodges. Until form revisions are made, all references to husband, wife, father, mother, parent, spouse, and other terms that express familial relationships pertaining to married couples must be construed consistent with the Court's decision.

Implementation

Effective immediately, the guidance in this letter shall supersede any existing policy, form, or technical assistance previously provided by ODJFS regarding this subject.