It was a question about those “living as spouses” in households. Did the State Constitution (Defense of Marriage Act) nullify the Domestic Abuse Law? The Court of Appeals (3rd Circuit) had voted 2-1 that the Domestic Abuse law was unconstitutional. Then Judge Cupp dissented from the ruling. This dissent turned out to be the correct ruling in the eyes of the Supreme Court of Ohio. Here is s summary .
The Ohio State Supreme Court has ruled that the state’s domestic violence statutes are not in violation of its Defense of Marriage Amendment. This decision comes as the result of the ruling in Ohio v Carswell. The Court’s decision “reinforces that all domestic violence victims are entitled to lifesaving resource and protections promised by the domestic violence law,” says the NNEDV.
Sue Else, president of the National Network to End Domestic Violence, says that the ruling is “a huge victory for domestic violence victims across the country.”
The question regarding Ohio v Carswell was whether or not the domestic violence statute of a family or household member was in violation of the Ohio Defense of Marriage Amendment. The Ohio Defense of Marriage Amendment states that the state of Ohio “shall not create or recognize a legal status for relationships of unmarried individuals.” The domestic violence statute included abusers “living as a spouse” as domestic violence offenders. Many thought that since the Defense of Marriage Amendment prevented the state from legally treating non-family members as family members then non-married couple could not legally be involved in domestic violence. The Court’s decision has ruled that this is not true and that these abusers can be charged as domestic violence offenders and prosecuted as such.
What puzzled me was why it was even an issue. Violence could be prosecuted regardless of marital status. Then I found out that the Domestic Violence Law escalates with each incident as to its severity… from a misdemeanor to a felony. So if you are a creep who likes to beat up your live in non-spouse… you will still be in trouble. Can you say… “whatcha gona do when they come for you?”
Tags: Marriage Expansion, Ohio
