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Ohio To Plug Loophole In Gay Marriage Ban But Only For Straights

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davidinalameda Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-31-05 10:58 AM
Original message
Ohio To Plug Loophole In Gay Marriage Ban But Only For Straights
http://www.365gay.com/newscon05/03/033105ohioBan.htm

A state lawmaker from northeast Ohio says he'll introduce a bill this week to close a perceived loophole in the domestic-violence law created by the constitutional amendment banning gay marriage. Democratic state Representative William Healy of Canton says his bill would define domestic violence as an act committed when individuals reside together, regardless of marital status.

State judges have issued differing rulings recently on whether the amendment bars prosecutors from charging unmarried people with domestic violence. Two Ohio judges have issued differing rulings in the past week on that issue.

A Franklin County judge on Friday decided against dismissing a domestic violence case, disagreeing with arguments that the law doesn't apply to unmarried couples. Cuyahoga County Common Pleas Judge Stuart Friedman said Wednesday that domestic violence charges cannot be filed against unmarried people because of the state's recently enacted definition of marriage.

However, the change in the law will only affect heterosexuals in non married relationships. The domestic abuse law will not apply to same-sex couples because of the constitutional amendment.



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dave123williams Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-31-05 11:06 AM
Response to Original message
1. Unconstitutional on it's face...

The law applies to all citizens equally; it's called the equal protection clause, and this 'marriage' law doesn't pass the smell test.
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lcooksey Donating Member (373 posts) Send PM | Profile | Ignore Thu Mar-31-05 12:55 PM
Response to Original message
2. Representative Healy must be on drugs
If Ohio's domestic violence law is rewritten to cover individuals who reside together, regardless of marital status, then how on earth will it not apply to same-sex couples? They'll still be individuals who reside together.

What a moran.
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Q3JR4 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-31-05 03:02 PM
Response to Original message
3. Um...
Under the constitution of Ohio every relationship outside of marriage is striped of the rights and incidents of marriage. Since this is the case and it is fact that all laws have to apply equally to everyone, me thinks it would take another constitutional amendment to close the loophole.
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realisticphish Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-31-05 03:06 PM
Response to Reply #3
4. that's what i'm thinking too
but our General Assembly and gov are dipshits, so it'll probably go through without a hitch :eyes:
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readmoreoften Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-31-05 03:55 PM
Response to Original message
5. I mean how much do these people hate us?
It's like the never-ending hate fest, the never-ending war to deny that we're human beings. I mean, really... the dehumanization of GLBT people is out of control.
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renaissanceguy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-31-05 04:02 PM
Response to Reply #5
6. That's why we have to stop explaining how being gay is
acceptable, and instead focus the discussion on how being homophobic is UNacceptable. Most of these morons will run if you call them homophobic, but we need to keep hitting them with that label.
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readmoreoften Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-31-05 06:52 PM
Response to Reply #6
7. I agree
Notice how all this anti-GLBT crap is coupled with a screed against teaching multiculturalism in schools. Why? In part, because once you begin to study non-Western history you learn that gender diversity has existed since the beginning of time and many other cultures have embraced GLBT people. There goes there 'the nuclear family is the foundation of human history' garbage.
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dsc Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-01-05 07:45 AM
Response to Original message
8. I hope these journalists get their acts together
Given the newness of this operation I can understand some problems from time to time but it would have been nice to have the last paragraph explained. It should be noted that isn't the opinion of the author of the legislation but someone else. I fail to see how the amendment is controlling here if anyone else can be added to the domestic violence laws. An explanation would have been nice.
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