Holy Crap "Defense Of Marriage Act"Overturns Domestic Violence Laws!

[kpete]

Anti-gay "Defense of Marriage Act" overturns state domestic violence laws
by John in DC - 3/26/2006 05:55:00 PM

Holy crap. Ohio overturned part of its domestic violence law by passing the anti-gay and anti-gay-marriage Defense of Marriage Act.

Get the word out to every state considering one of these. The religious right's bigotry has just turned around and hurt women. That's what happens when you cave to these bigots.

From the Dayton Daily News:
County prosecutors cannot charge some unmarried people under Ohio's domestic violence law because it conflicts with the sate constitutional amendment banning gay marriage, this area's state appeals court ruled Friday.

The 2nd District Court of Appeals is the first of the state's 12 appellate courts to rule that the domestic violence law runs afoul of the Defense of Marriage amendment, passed by voters in 2004, and does not apply to "a person living as a spouse."

The appeals court upheld dismissal of a domestic violence charge against Karen S. Ward of Fairborn, charged with assaulting her "live-in boyfriend" in Greene County,

The ruling affects domestic violence cases in Champaign, Clark, Darke, Miami and Montgomery counties as well, Greene County First Assistant Prosecutor Suzanne Schmidt said.

http://americablog.blogspot.com/2006/03/anti-gay-defense-of-marriage-act.html
http://americablog.blogspot.com/2006/03/anti-gay-defense-of-marriage-act.html

[sakabatou]

1. K and R

[Initech]

2. So let me get this straight - gay marriage - bad, spousal abuse - good.

See - this is the kind of shit we get when we elect fundies. :mad:

[Ian David]

3. Only the women living in sin in shameful, out-of-wedlock arrangements

The law isn't punishing them.

Gawd's punishing them.

The same way that if they get cervical cancer, it's not because the right-wing banned the cervical cancer vaccine-- it's because they were sinful.

If women want to be protected against violence, they should follow Gawd's Law.

At least, that's how they see it.

[BlueStorm]

4. Welcome to the 1800's

Yep, and who said that if you forget history you are doomed to repeat it?

History is sure repeating itself. What a bad time to be in.

Blue

[babylonsister]

5. Ain't that the truth; we're regressing daily. And

welcome to DU!

[Langis]

6. I'm confused...

If doesn't count as domestic violence, then wouldn't it just be assault?

[IndyOp]

7. Interesting question -- but maybe there are aspects to the

domestic violence law that aren't in an assault law. Provisions for judges to order counseling for the offender if the survivor wishes, provisions regarding availability of social services for the survivor and children...? Disposition of possessions?

I am just guessing. Maybe a lawyer will wonder by this thread soon. It happens all the time around these parts - :)

[countryjake]

10. I'm far from a lawyer, but DVs were felony charges in Ohio...

they have been for a long time, unless something changed since I lived there. That would be the diff, I'd think, whereas a wife whopping her hubby over the head with a cast-iron skillet would find herself in one heap of trouble, as opposed to a girlfriend just receiving a simple misdemeanor assault charge.

I'd be interested in hearing a legal breakdown of this, too. I wonder if it might also apply to automatically arresting one partner or the other, in order to separate them by removing them from the premises for the night, thus providing some resolution to the conflict that caused the violence in the first place. That "Whoever took the first swing" thing, that guarantees someone will be arrested.

[Horse with no Name]

14. Only if it is against "real" people

Knocking the shit out of "yer ole lady" doesn't count. You were only keeping her in line.:sarcasm:

[ContraBass Black]

8. Yup.

Fight hard.

[Festivito]

9. I guess that "living as a spouse" constitutionally means nothing.

It will probably be overturned in state supreme court.
Yet, domestic problems between same sex couples would be an interesting problem.
They could not be deemed as "living with a spouse."

Originating article:
http://www.daytondailynews.com/localnews/content/localnews/daily/0326domestic.html

[Trish1168]

11. If you are not married to the man that beat you...you deserve to be beaten

That's the message they're sending. That's what they wanted to say with this law. These people make me sick.

[depakid]

12. Yet another for the running talley on Ohio

that's the third utterly bizarre thing I've heard out of Ohio just this week.

[BlooInBloo]

13. I hope republican-voting women are proud of themselves....

... for voting away their own rights....

(please don't quibble: rights whose primary usage is on their behalf)


EDIT: This is another prime example of what I mean when I talk about an irresponsible electorate.