Unintended Consequences
It looks like the people of Ohio were so excited at the prospect of discriminating against gay people that they inadvertently aided someone who beat the shit out of his live-in girlfriend :
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.
. . .
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.
This is one of those stories that would be funny if I didn’t find every aspect of it sickening and offensive.
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Just fucking great. Legislator’s really should at least consider making an attempt to do their job, and do it well.
You know, seeing as how it kind of like, EFFECTS PEOPLES LIVES DRASTICALLY!
Comment by Stephen — March 24, 2005 @ 3:01 pm
People who hate aren’t very careful.
Comment by Jeff — March 25, 2005 @ 1:30 pm
This is just another case of a lawyer exploiting a loophole. Happens all the time, even in cases you can’t blame on “homophobes.”
Your exerpts don’t tell much of the story, but the guy was merely charged with the wrong crime, and the law prevents him from being charged a second time with the correct crime. From now on, if some dude in Ohio beats up his live-in girlfriend (or boyfriend) cops will have to charge him with Assault and/or Battery, rather than Domestic Abuse. Pretty freakin’ simple.
Americans have shown repeatedly that they are not mature enough anymore to respect unwritten customs, especially in regards to marriage (56% divorce rate, anyone?). More good than ill will come of disregarding “common law” in personal relationship matters.
Comment by tricky dick — March 26, 2005 @ 8:03 am
tricky dick,
What are the differences between the two crimes? Was there any reason to prefer the (now unusable) Domestic Violence charge?
Comment by Jeff — March 26, 2005 @ 9:07 am
Domestic Violence has become a ubiquitous one-stop charge for any event where the cops have to intervene in a home. Many women automatically claim DV, even when the guy never laid a finger on her. The implication being merely that he “could have.” This implication is covered under the charge of Assault. If the situation actually comes to blows, that’s what the charge of Battery is for.
I’m sorry for the situation in question. But if it spotlights lazy cops and slimy lawyers, that’s a good thing.
Comment by tricky dick — March 26, 2005 @ 9:25 am