Domestic Violence Victims Affected by Gay Marriage Amendment
Cleveland, Ohio - The amendment to the Ohio Constitution to prevent gay marriage is being used to block the prosecution of people in unmarried heterosexual relationships who abuse their partners.The Cleveland Plain Dealer reports that the Cuyahoga County public defender's office has moved to dismiss domestic-violence charges against unmarried defendants since the amendment was passed by voters last November.
Ohio was one of 11 states to pass amendments to block gays from marrying. The wording in the Ohio amendment, known as Issue 1, says the state "and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage."
The public defender's office argues that the amendment does not apply only to same-sex couples and therefore spousal abuse laws do not apply to unmarried heterosexual couples.
"The thing is, you can only get a domestic-violence charge now if you are a wife beater, not a girlfriend beater," Jeff Lazarus, a law clerk for public defender Robert Tobik told the Plain Dealer.
There have bee no rulings on the motions yet but people who deal with battered women say they are stunned.
"It's a bad, bad thing," Cathleen Alexander, director of the Domestic Violence Center in Cleveland told the Plain Dealer. "We're very worried that some victims will not be granted the protection they need because they're not married. That could jeopardize people's lives.
Ohio lawmaker, William Healy, has introduced a bill to define domestic violence as an act committed when individuals reside together, regardless of marital status. The new law however, will only affect heterosexuals in non married relationships. The domestic abuse law will not apply to same-sex couples because of the constitutional amendment.