Ohio Supreme Court Rules Obergefell Precedent Doesn't Extend to Unwed Same-Sex Parenting Cases

April 29, 2026 - 03:28

The Ohio Supreme Court ruled Tuesday that a state law designed to grant parenting rights to former spouses for children conceived through artificial insemination does not apply to same-sex couples who would have married had it been legally possible at the time. The decision marks a significant limitation on how the landmark 2015 U.S. Supreme Court ruling in Obergefell v. Hodges, which legalized same-sex marriage nationwide, is interpreted in family law disputes.

The case involved a dispute between two women who were in a long-term relationship before same-sex marriage was legal in Ohio. They had a child through artificial insemination, but after their relationship ended, one partner sought parenting rights under Ohio’s artificial insemination statute. That law explicitly provides a path for former spouses to establish parental rights, but the court ruled it does not extend to unmarried couples, even if the only reason they were not married was because state law prohibited it at the time.

The court’s majority opinion held that Obergefell does not retroactively create a marital relationship for legal purposes. The ruling underscores a growing legal gray area for same-sex couples who formed families before marriage equality, particularly in states like Ohio that have not updated their family law statutes to account for these historical circumstances. Dissenting justices argued the decision ignores the reality that these couples were effectively barred from marrying and should not be penalized for that legal barrier. The ruling leaves many such families without clear legal protections for parent-child relationships formed before 2015.