Constitutional Law

Ohio Domestic Violence Law Upheld

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In 2004 Ohio voters adopted a constitutional amendment banning same-sex marriage despite warnings that it could undermine domestic violence laws.

That argument has proven unwarranted. Yesterday, the Ohio Supreme Court held the same-sex marriage ban does not conflict with laws barring domestic violence between unmarried couples, the Toledo Blade reports.

The case was closely watched in the 27 states with constitutional language barring same-sex marriage, the Associated Press reports.

Chief Justice Thomas Moyer wrote the opinion (PDF) for the court.

“While the intent of the domestic-violence statute is to protect persons from violence by close family members or residents of the same household, the intent of the marriage amendment was to prevent the creation or recognition of a legal status that approximates marriage through judicial, legislative or executive action,” he wrote. “The statute and the constitution are not in conflict.”

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