“We applaud the Court for upholding Ohio’s domestic violence laws. However, this ill-conceived amendment continues to make it hard for loving same-sex partners to care for each other and their families in this state.” – Lynne Bowman, Executive Director, Equality Ohio
CONTACT: Lynne Bowman, Executive Director, Equality Ohio (614.224.0400 lynne@equalityohio.org)
Columbus, OH - Today the Ohio Supreme Court issued its decision in State v. Carswell, narrowly interpreting the impact of Ohio’s constitutional same-sex marriage ban on Ohio’s domestic violence laws. The question before the court was whether the definition of “person living as a spouse” under domestic violence law conflicts with the new Constitutional Amendment’s definition of “legal status akin to marriage”. With a broad interpretation, defendants in domestic violence cases had hoped to get their cases thrown out.
Equality Ohio is pleased that the second sentence of the amendment was narrowly defined by the court in this instance. The decision keeps in place increased protections for persons who are victims of violence at the hands of someone with whom they live.
However, this decision does not address same-sex couples and their families who continue to suffer in the wake of the Amendment. In fact, the court’s statement seems to single out same-sex couples for an even more narrow and hostile interpretation of the Amendment language. The court’s statement specifically says: “The second sentence of the amendment prohibits the state and its political subdivisions from circumventing the mandate of the first sentence by recognizing a legal status similar to marriage (for example, a civil union).” By specifically listing “civil union” as an example the court has made life even harder for same-sex couples trying to care for each other and their children in Ohio.
“Most Ohioans – 52% – support civil unions for same-sex couples, but the Constitutional Amendment, and this court decision, remove that option,” added Bowman. “All families deserve equal protections and a majority of Ohioans believe that. We will continue to work to make sure Ohio’s laws match the values of its people.”
Equality Ohio envisions an Ohio where everyone feels at home. On the web at www.equalityohio.org.
