Defense attorneys in Ohio are using the new anti-gay marriage amendment to challenge domestic violence charges where the perpetrator was not married to his victim. The reasoning? The law affords marriage-like legal status to the unmarried victims, which is now an unconstitutional behavior.
Nice, real nice.
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2 comments:
Is anyone really surprised by this?
-goatdog
Ha ha ha! Finally, an example of where somewhere is more backwards than Florida... and it is in the North! In Florida, that argument would not work because marriage is not a necessary requirement for an assault to be "domestic battery." Florida uses the term "household," which is defined as anyone fitting any of the following: spouses, former spouses, persons related by blood or marriage, persons who are parents of a child in common regardless of whether they were married, and any persons "presently residing together as if a family or who have resided together in the past as if a family." Also, there is case law here that supports a personal involved in a same-sex relationship being able to obtain an order protecting against domstic violence, even though Florida has a ban on homosexual marriage.
I had to say that. I don't get many chances to praise Florida law. Mostly it is pretty backwards down here. ;-)
--Shane
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