Ohio LGBTQ+ rights advocates cleared to gather signatures for landmark ballot initiatives

Advocates for LGBTQ+ equality in Ohio have received authorization to commence signature collection for two pivotal ballot initiatives aimed at enshrining LGBTQ+ non-discrimination protections in the state constitution and repealing the state's dormant ban on same-sex marriage.

This development marks the latest phase in a campaign that originated as a unified effort to address both issues in a single ballot measure for the 2026 general election. However, the Republican-dominated Ohio Ballot Board controversially split the original initiative in July, a move critics decried as an attempt to undermine the goals by doubling the required number of signatures for ballot qualification.

Organizers must now secure nearly one million signatures, spread across at least half of Ohio's counties, to place both proposed amendments on the ballot.

According to LGBTQ+ Nation, Ohio Attorney General Dave Yost, a Republican, affirmed the initiatives' compliance with state law on Friday, thereby authorizing the commencement of signature collection. However, he stated, "This certification should not be construed as an affirmation of the enforceability, constitutionality, or wisdom of the proposed amendment."

Lis Regala, a trans organizer for Ohio Equal Rights, the group spearheading the initiatives, welcomed the Attorney General's swift action. "Ohio Equal Rights is grateful for AG Yost’s prompt attention to such an important matter to all Ohioans," Regala told LGBTQ Nation. "This efficient and appreciated response lets us continue to work with the community to build a state where fairness is a lived reality."

The approved ballot initiatives are formally titled the Ohio Equal Rights Amendment and the Ohio Right to Marry Amendment.

Ohio Equal Rights also acknowledged AG Yost’s recognition of the Right to Marry title, “affirming what should be self-evident: that marriage is a fundamental right deserving of equal rights protection. We thank AG Yost for this recognition.”

The Ohio Right to Marry Amendment seeks to formally remove the state's unenforceable same-sex marriage ban, anticipating potential challenges to Obergefell v. Hodges, the landmark 2015 U.S. Supreme Court decision that established marriage equality nationwide. This proposal is particularly relevant given recent calls from Justices Clarence Thomas and Samuel Alito for the Supreme Court to reconsider the Obergefell ruling.

The Ohio Equal Rights Amendment aims to modernize the federal Equal Rights Amendment (ERA) – which Ohio ratified in 1974 to prohibit sex-based discrimination – by explicitly including LGBTQ+ individuals and other protected classes. While the ERA has garnered the necessary approval from three-quarters of U.S. states, its formal inclusion in the U.S. Constitution remains contested due to expired deadlines and other disputes.

Ohio State Representative Terrence Upchurch, a Democrat representing Cleveland, condemned the Republican-led decision to split the original ballot measure, characterizing it as a political maneuver designed to obstruct transgender protections.

Ohio State Senator Nickie Antonio, the Democrats’ Minority Leader and the state's first openly LGBTQ+ lawmaker, has expressed reservations about placing discrimination protections before voters, stating a preference for legislative action. "I struggle with asking the majority of people, the majority of the population, to grant equality by a vote to a marginalized group," Antonio stated. "I will continue to fight for the Ohio Fairness Act, because I think it’s the right thing to do."

Attorney General Yost is currently defending the state against a legal challenge to Ohio’s House Bill 68, which restricts gender-affirming medical care for transgender youth. In March, the Tenth District Court of Appeals ruled in favor of the plaintiffs, declaring H.B. 68 unconstitutional on its face.