Saturday, March 26, 2005

No More Domestic Violence

AAAAAAAAAAAHHHHHHHHHHHHHHHHHHHHH!!!!!!!!!!

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, a decision that has prompted an immediate appeal by prosecutors.

Judges and others across the country have been waiting for a ruling on how Ohio's ban on same-sex marriage, among the nation's broadest, would affect the state's 25-year-old domestic violence law, which previously wasn't limited to married people.

Wednesday's ruling by Cuyahoga County common pleas judge Stuart Friedman changed a felony domestic violence charge against Frederick Burk to a misdemeanor assault charge.

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.

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