As Introduced

136th General Assembly

Regular Session H. B. No. 386

2025-2026

Representatives Odioso, Abrams

To amend section 3101.05 of the Revised Code to require identity verification with photo identification when applying for a marriage license.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3101.05 of the Revised Code be amended to read as follows:

Sec. 3101.05. (A)(A)(1) The parties to a marriage shall make an application for a marriage license. Each of the persons seeking a marriage license shall personally appear in the probate court within the county where either resides, or, if neither is a resident of this state, where the marriage is expected to be solemnized. If neither party is a resident of this state, the marriage may be solemnized only in the county where the license is obtained. Each party shall make application and shall state upon oath, the party's name, age, residence, place of birth, occupation, father's name, and mother's maiden name, if known, and the name of the person who is expected to solemnize the marriage. If either party has been previously married, the application shall include the names of the parties to any previous marriage and of any minor children, and if divorced the jurisdiction, date, and case number of the decree. If either applicant is the age of seventeen years, the judge shall require the applicants to state that they received marriage counseling satisfactory to the court. Except as otherwise provided in this division, the application also shall include each party's social security number. In lieu of requiring each party's social security number on the application, the court may obtain each party's social security number, retain the social security numbers in a separate record, and allow a number other than the social security number to be used on the application for reference purposes. If a court allows the use of a number other than the social security number to be used on the application for reference purposes, the record containing the social security number is not a public record, except that, in any of the circumstances set forth in divisions (C)(1) to (5) of section 3101.051 of the Revised Code, the record containing the social security number shall be made available for inspection under section 149.43 of the Revised Code.

Immediately upon receipt of an application for a marriage license, the court shall place the parties' record in a book kept for that purpose. If the probate judge is satisfied that there is no legal impediment and if one or both of the parties are present, the probate judge shall grant the marriage license.

If the judge is satisfied from the affidavit of a reputable physician, clinical nurse specialist, or certified nurse practitioner in active practice and residing in the county where the probate court is located, that one of the parties is unable to appear in court, by reason of illness or other physical disability, a marriage license may be granted upon application and oath of the other party to the contemplated marriage; but in that case the person who is unable to appear in court, at the time of making application for a marriage license, shall make and file in that court, an affidavit setting forth the information required of applicants for a marriage license.

A probate judge may grant a marriage license under this section at any time after the application is made.

A marriage license issued shall not display the social security number of either party to the marriage.

(2) Each person seeking a marriage license shall present current and valid documentary proof of identity in the form of any one of the following:

(a) A passport;

(b) A license or permit to operate a motor vehicle as defined under section 4501.01 of the Revised Code;

(c) Any government- or school-issued identification card showing the person's date of birth.

(3) Each person seeking a marriage license shall present documentary proof of age in the form of any one of the following:

(1)(a) A copy of a birth record;

(2)(b) A birth certificate issued by the department of health, a local registrar of vital statistics, or other public office charged with similar duties by the laws of another state, territory, or country;

(3)(c) A baptismal record showing the person's date of birth;

(4)(d) A passport;

(5)(e) A license or permit to operate a motor vehicle as defined under section 4501.01 of the Revised Code;

(6)(f) Any government- or school-issued identification card showing the person's date of birth;

(7)(g) An immigration record showing the person's date of birth;

(8)(h) A naturalization record showing the person's date of birth;

(9)(i) A court record or any other document or record issued by a governmental entity showing the person's date of birth.

(B) An applicant for a marriage license who knowingly makes a false statement in an application or affidavit prescribed by this section is guilty of falsification under section 2921.13 of the Revised Code.

(C) No licensing officer shall issue a marriage license if the officer has not received the application, affidavit, or other statements prescribed by this section or if the officer has reason to believe that any of the statements in a marriage license application or in an affidavit prescribed by this section are false.

(D) Any fine collected for violation of this section shall be paid to the use of the county together with the costs of prosecution.

Section 2. That existing section 3101.05 of the Revised Code is hereby repealed.