A judge has ruled that Ohio's new constitutional ban on same-sex marriage prohibits unmarried people from being able to file domestic violence charges. [...]
Burk, 42, is accused of slapping and pushing his live-in girlfriend during a January argument over a pack of cigarettes. His public defender, David Magee, had asked the judge to throw out the charge because of the new wording in Ohio's constitution that prohibits any state or local government from enforcing a law that would "create or recognize a legal status for relationships of unmarried individuals." Prior to the amendment's approval, courts applied the domestic violence law by defining a family as including an unmarried couple living together as would a husband and wife, the judge said. The new amendment banning same-sex marriage no longer allows that.
(via MeFi)
TrackBackI hope to the gods this woman can sue his pants off in civil court, at least.
In the meantime, I hope there are some Republicans in Ohio who are still trying to get their eyebrows to come back down off the ceiling after reading this.
Posted by: Robust McManlyPants at March 25, 2005 10:33 AMWHat kind of dumbass DA didn't see that one coming and charge the guy with lesser-included offenses of assault and battery or assault on a female?
What a moron.
Posted by: drfranklives at March 25, 2005 10:39 AMI suppose it's possible that the DA might have decided this was the perfect case to use in a challenge to the amendment. Or maybe he's a moron.
Posted by: apostropher at March 25, 2005 10:42 AMMaybe I'm high on paranoia drugs here, but are you sure that consequence is unintended/undesirable from the point of view of the amendment's most avid supporters? I mean, there are people in this world who think that relationships that are not marriage should not be subject to any of the same protections as a marriage, though you get into terrible shaky ground an untenable positions with such a statement.
At any rate, I'm sure the guy will be back in court again. And maybe against a DA who's a little wiser.
Posted by: John Johnson at March 25, 2005 10:50 AMHeck, to paraphrase Jesus' General, this is probably an intended consequence. The woman was obviously not OBEDIENT enough to her man. We now need to extend this decision to chattel...I mean married couples.
Posted by: BK at March 25, 2005 04:05 PMThis is a joke. By the reasoning of the court, parental relations would also be nullified by the new amendment, unless there is some saving language. An appellate court will overturn this ruling, toot sweet. And in this age of legislation, with victimhood being the paramount public interest, there's no way this is an intended consequence. These people are exactly stupid enough not to have foreseen this very clever motion to quash. Can't wait till it gets to my state.
Posted by: Lemon Merengue at March 25, 2005 08:30 PMUm... pushing and slapping someone is still a crime (assault and battery) even if they're not your spouse.
And, as mentioned above, the girlfriend could also file civil claims for injury, emotional distress, the works.
Posted by: GaijinBiker at March 26, 2005 12:01 AMAh the voters of Ohio should be so proud. So proud.
I wonder how many will say "Oh shit, did we vote for this?"
And how many will say "Well this is God's way of punishing people who live in sin."
GB, I thought conservatives were all hot for this tort reform thing to reign in those crazy lawyers who get so sue-happy. How supportive do you think Ohio Republicans will be of endorsing the civil courts as the new recourse in unwed domestic violence cases? Oh wait, that's right, they can't be considered hypocritical for anything because their accountability moment has passed.
Posted by: Robust McManlyPants at March 26, 2005 11:03 AMMy understanding is tort reform is more about people suing huge corporations, particularly in class-action lawsuits, despite having no real injury, or no real way to prove the corporation caused whatever injury they may have.
A woman suing the man who beat her falls outside that category.
Posted by: GaijinBiker at March 27, 2005 08:10 PM