Monday, March 27, 2006

The Collision of Domestic Violence and a Same-Sex Marriage Ban in Ohio

On Friday, the Second District Court of Appeals in Ohio found that Ohio Rev. Code § 2929.25 (F)(1)(a), which is the portion of the domestic violence law that protects people "living as spouses," violates Article XV, Section 11 of the Ohio Constitution, which bans same sex marriage and prohibits the creation of "a legal status or relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage."

This opinion creates a conflict among the Ohio District Courts of Appeal (the Fifth, Seventh, Ninth, and Twelfth Districts have found no such violation) and enables the appellate court to certify a conflict to the Ohio Supreme Court. See Rule IV of the Rules of Practice of the Supreme Court of Ohio for details.

For more information about the legal aspects of same-sex marriage, check out the very thorough bibliography from Rutgers law librarian Paul Axel-Lute.