Ohio State Supreme Court: Domestic Violence Statutes Comply with Marriage Amendment

The Ohio State Supreme Court has ruled that the state's domestic violence statutes are not in violation of its Defense of Marriage Amendment. This decision comes as the result of the ruling in Ohio v Carswell. The Court's decision "reinforces that all domestic violence victims are entitled to lifesaving resource and protections promised by the domestic violence law," says the NNEDV.

Sue Else, president of the National Network to End Domestic Violence, says that the ruling is "a huge victory for domestic violence victims across the country."

The question regarding Ohio v Carswell was whether or not the domestic violence statute of a family or household member was in violation of the Ohio Defense of Marriage Amendment. The Ohio Defense of Marriage Amendment states that the state of Ohio "shall not create or recognize a legal status for relationships of unmarried individuals." The domestic violence statute included abusers "living as a spouse" as domestic violence offenders. Many thought that since the Defense of Marriage Amendment prevented the state from legally treating non-family members as family members then non-married couple could not legally be involved in domestic violence. The Court's decision has ruled that this is not true and that these abusers can be charged as domestic violence offenders and prosecuted as such.

The Ohio Defense of Marriage Amendment was passed by voters in 2004. Its purpose was to prevent same-sex marriage in the state of Ohio, according to the NNEDV.

The Ohio Supreme Court has ruled that, in its opinion, "'living as a spouse' only identified a particular class of individuals and that 'it does not create or recognize a legal relationship that approximates the design, qualities or significance of marriage,'" according to the NNEDV. Since 'living as a spouse' does not offer the couple any rights as legally married, abusers in this kind of relationship can be charged as domestic abusers.