Our law firm was one of the pioneers in helping form the LGBT custody law in Ohio.
Back in the mid-1990’s, I represented a party who had left the marriage because they had fallen in love with a person of the same sex. In those days, it was an issue for the court to determine as to whether the sexual orientation should be considered in custody issues.
About a year after the divorce, when the ex-spouse realized who the other was now living with, a post-decree filing was made, to modify custody solely due to sexual orientation. The case went up to the Appellate Court, and the standard for Ohio was clarified: Sexual orientation, in and of itself is not to be considered! There had to be a PROVEN link between sexual orientation and harmful effect on a child.