Ohio gay marriage ban was written by morons ...

[Pookie]

Judge: Ohio Gay Marriage Ban Affects Law

AP logo Wednesday, March 23, 2005 10:47 p.m. ET
By CONNIE MABIN Associated Press Writer

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.

Prosecutors immediately appealed.

Judges and others across the country have been waiting for a ruling on how the gay marriage ban, among the nation's broadest, would affect Ohio's 25-year-old domestic violence law, which previously wasn't limited to married people.

Burk, 42, is accused of slapping and pushing his live-in girlfriend during a January argument over a pack of cigarettes.

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.

John Martin, who supervises appeals in the public defender's office, said the office was pleased with the ruling but would not comment further because of the appeal.

Because Burk had a prior domestic violence conviction, the latest charge was a felony that could have resulted in an 18-month jail term; a misdemeanor assault carries a maximum sentence of six months.

More here: http://wireservice.wired.com/wired/story.asp?section=Breaking&storyId=1009020&tw=wn_wire_story

I love it when bigots show themselves for the idiots they are. *nods*

 

[MintSoda]

A loop hole that reduces the penalties for beating a woman that isn't your wife...hmmm, are you sure the extreme right didn't count on this as an added bonus?

 

[Elmer Keith]

All kidding aside. Any more porn, Pookie?

 

[Eilan]

I'm from Ohio *hangs head*, and I was just crabbing about this on the HT Cafe.

It'll be interesting to see what happens. This ain't over. Not by a long shot.

 

[GeekDrew]

I'm from Ohio *hangs head*, and I was just crabbing about this on the HT Cafe.

It'll be interesting to see what happens. This ain't over. Not by a long shot.

I'm from Ohio too...
I hope that the entire law that was just enacted is repealed.... and then some.
<sigh> But I'm sure that's some time down the road a ways.

 

[BohemianEcstasy]

I KNEW stuff like this would happen! That was the big talking point we focused on for our protests of the North Dakota law.

So we were right. Unfortunately.

 

[mercy's_grace]

I feel bad for all the Ohioans. Big hugs!

 

[Vandren]

Also from Ohio. Sadly, most laws supported by our governor are idiotic (this was the man who threatened to cut school funding if the legislature didn't fund his tax cut program, afterall . . . and carried through with the threat).

 

[nihil0001]

 

[Tymeless]

I voted against this stupid ass law before i was even a glbter and i'm still pissed about the dumbass law.

 

[stlpenguin]

I'm confused about the title of this thread - JUST the Ohio ban was written by morons?

... Shit, ALL of the state marriage bans were written by morons. It takes a pretty thick skull to say that there should be laws on who can love who.