November 4, 2006
Marriage Amendments & Unintended Consequences
This is what makes lawyers great: creative arguments. The article begins:
Last year, an Ohio man accused of abusing his girlfriend tried a unique defense: He argued that the domestic violence law under which he was charged conflicted with a new constitutional amendment banning same-sex marriage and other relationships that sought to "approximate" marriage.
Michael Carswell's case wound its way through the legal system and is now before the Ohio Supreme Court. It has touched off similar challenges to domestic violence statutes in the state. Two appellate courts found that the constitutional amendment exempts unmarried couples from prosecution under domestic violence laws, but eight courts have ruled otherwise.
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