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DAYTON, Ohio - A constitutional amendment banning gay marriage bars prosecutors from charging some unmarried people under the state's domestic violence law, a state appeals court ruled.

Friday’s decision by the 2nd District Court of Appeals is the first from Ohio’s 12 appellate courts to rule that the Defense of Marriage amendment, passed by voters in 2004, means that the domestic violence law does not apply to unmarried people.

The appeals court upheld the dismissal of a domestic violence charge against Karen Ward of Fairborn, charged with assaulting her live-in boyfriend in Greene County. (source)