Ohio Domestic Violence Law Only Applies To Married Couples

This is just another example of what can happen when people mess with a constitution, either at the state or federal level. This happened to be a case concerning a straight unmarried couple. One was charged with domestic violence, a felony. But, because of Issue 1, the Ohio constitutional amendment that prevents unmarried couples from having the protections of marriage, the judge reduced the charge to simple assault, a misdemeanor.

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 law that would “create or recognize a legal status for relationships of unmarried individuals.” (source)

I suppose their solution would have been to get married. Then, she would have had some protection. Unfortunately, with Issue 1, that option is not available to gay couples.

A judge’s ruling could lead to the repeal of Ohio’s constitutional amendment banning same-sex marriage.

NewsChannel5 reported that a Cuyahoga County judge Wednesday reduced a domestic violence charge against a man accused of attacking his live-in girlfriend, saying the law only applies to married couples under the new amendment.

Frederick Burk was charged with domestic violence, a felony, but Judge Stuart Friedman reduced the charge to assault.

Last fall, Ohio voters passed Issue 1, a constitutional amendment that forbids the state to grant legal status to relationships of unmarried individuals like Burk and his girl friend. (source)