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December 27, 2005
Case Law Development: Another Opinion on the Constitutionality of Ohio's Domestic Violence Statutes
The Eighth District Ohio Court of Appeals has joined the 12th district in upholding the constitutionality of the state's domestic violence assault laws. The court held that the state's constitutional amendment providing that "the state and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage" is designed merely to prohibit the creation of domestic partnerships and other marriage substitutes and was not intended to have an effect on domestic violence statutes. (See the December 12th post on Ohio's 12th district court of appeals opinion in State v. Carswell).
State v. Burk, 2005 Ohio 6727; 2005 Ohio App. LEXIS 6078 (December 20, 2005)
Opinion on the web at http://www.sconet.state.oh.us/rod/newpdf/8/2005/2005-ohio-6727.pdf (last visited December 26, 2005 bgf)
See also news items on the opinion, reporting that further appeals are expected.