Sunday, March 26, 2006

Ohio Appeals Court Says Prosecutors Cannot Charge Some Unmarried Persons Because of Conflict with Constitutional Amendment Banning Gay Marriage

Despite four contrary decisions by other district courts of appeal, the Ohio Second District Court of Appeals ruled Friday that its domestic violence law does not apply to a person living as a spouse because to do so is contrary to the Defense of Marriage Amendment approved by its voters in 2004.  The court affirmed a lower court ruling that had dismissed a domestic violence charge against an Ohio woman who allegedly assaulted her live-in boyfriend.  The decision is expected to be appealed to the Ohio Supreme Court.  Source:  Amelia Robinson, Dayton Daily News, daytondailynews.com. Please click here for the full story (last visited March 26, 2006, reo).  The slip opinion in this case should be posted on this site within a day or so.

http://lawprofessors.typepad.com/family_law/2006/03/ohio_appeals_co.html

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