Does Ohio have to recognize a same-sex marriage established in another state?
No. The federal Defense of Marriage Act says that states do not have to recognize a same-sex marriage that was performed in another state, and Ohio law specifically states that same-sex marriages established in other states will not be recognized. Furthermore, federal law also states that the word “marriage” means a legal union between a man and a woman as husband and wife, and the word “spouse” refers to a person of the opposite sex who is a husband or a wife. Lastly, the federal government will not recognize them for taxation purposes or for other considerations. It is unusual for the federal government to allow states to refuse to recognize and give full faith and credit to a public act or judicial determination rendered in another state. Usually, a state must uphold the public actions or court decisions of another state. For example, even though a “common law” marriage can no longer be established in Ohio, a common law marriage legally entered into in another state will be recogniz
