Domestic violence law excludes some
Appeals court rules law does not apply to people living together
County prosecutors cannot charge some unmarried people under Ohio's domestic violence law because it conflicts with the state constitutional amendment banning gay marriage, this area's state appeals court ruled Friday.
The 2nd District Court of Appeals is the first of the state's 12 appellate courts to rule that the domestic violence law runs afoul of the Defense of Marriage amendment, passed by voters in 2004, and does not apply to "a person living as a spouse."
In short, the logic is "dem queer homos ain't married, so we can't charge 'em like dey is, or dey'd think dey was".
And I always wondered why my Ohio friends told me that the state was Hell on earth.
Until the high court decides, unmarried defendants, who would have faced felony domestic violence charges, will be charged with misdemeanor assault charges in Greene County, Schmidt said.
It's amazing how people will make huge stinks over getting laws meant to protect people from domestic abuse passed... and then people will turn right around and ignore that specific protection because the people involved are not exactly the kind of people they want protected.
The amendment says the state cannot "create or recognize a legal status for relationships of unmarried individuals that intends to approximate the ... effect of marriage."
But the appellate court said the state's domestic violence law, which includes protection for "a person living as a spouse," conflicts with the amendment.
"The state or any subdivision shall not recognize these unions," said Greene County Common Pleas Judge Stephen Wolaver, the trial judge who dismissed the charges against Ward.
So it's more important that you keep DEM EBIL QUEER GAY HOMOS from being anything close to married than to protect people?
Good attitude. Fucker.
Montgomery County assistant public defender Michael R. Pentecost predicted Saturday that the appeal's court decision also will limit the ability of unmarried people to get domestic violence protection orders. State lawmakers may have to amend the law, he said.
"The people who backed this amendment were not thinking about these types of unintended consequences," Pentecost said. "They got so overzealous."
You know what the worst part is? I think he might be wrong. Maybe some of them DID think about this.
"The Defense of Marriage amendment is ... a part of the fundamental, organic law of Ohio," Fain wrote.
Yes, a law meant to discriminate against a group of people is just nautral, isn't it?
Well, at least he used the word fundamental. That's about the most accurate word for it, though in a different sense...
"We make no observations concerning the wisdom of the electorate in having adopted the amendment."
He suggested that if the domestic violence law applied "to all persons sharing residential quarters, that would present no constitutional problem."
That's the anti-gay folks' solution: "Well, just fix that law, them it protects them and DEM EBIL GAY HOMOS can't get married!" It's about more than just that, but they don't care - anything to guard their special rights from the rest of the world.
