Gay marriage ban in Ohio negates domestic violence charge

http://wireservice.wired.com/wired/forms/printstory.asp?section=Breaking&storyId=1009020&tw=wn_wire_story

CLEVELAND (AP) -- Domestic violence charges cannot be filed against unmarried people because of Ohio's new constitutional amendment banning gay marriage, a judge ruled Wednesday.

Cuyahoga County Common Pleas Judge Stuart Friedman changed a felony domestic violence charge against Frederick Burk to a misdemeanor assault charge.

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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 law that would "create or recognize a legal status for relationships of unmarried individuals."

Before the amendment, 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 gay marriage amendment no longer allows that.

so shall you reap.

Now all these people are going to start realizing, those little marriage bans really are gonna affect them and people they know. I hope like prohibition people come to their senses.

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and you inevitably take away rights for straights too.

That's just how it works.

It's generally easier to prosecute assault than domestic violence.

edit: oops, I see the difference is between a felony and a misdemeanor. What about felony assault though?
And if Ohio prohibits prosecution of common law spouses more generally, lots of women in heterosexual relationships are suffering as a result of this law.