Laws are never simple – their repercussions are far-reaching and often controversial. Such is the case with Ohio’s Defense of Marriage Act.
In 2004, Ohio became the 38th state to enact a defense of marriage law when the majority of voters passed Issue 1 on the Nov. 2 ballot.
A panel was held yesterday to discuss the subsequent issues raised by this amendment to Ohio’s constitution, which now explicitly states that only a marriage between a man and a woman will be recognized by the state.
The panel discussion focused on how the DOMA may have caused unforeseen troubles for Ohio’s domestic violence law, even though it was only meant to stop the state from recognizing gay couples as legally married.
“It scared me when heterosexuals went and voted for Issue 1, not knowing that it would affect their own community more than the homosexual community,” said Nicky Damania, who organized the panel as part of Coming Out Week. “People just don’t seem to care as passionately as they should about the laws affecting their lives.”
The DOMA has not only affected same-sex couples but also unmarried couples throughout Ohio, said Deputy Mary Ann Robinson, Wood County Sheriff’s domestic violence specialist.
Ohio’s constitution now reads: “This 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.”
Beginning in March 2005, a number of Ohio judges began ruling that unmarried couples aren’t protected under Ohio’s domestic violence law as a result of the amendment.
“Most of the domestic violence cases in Wood County deal with unmarried couples,” said Robinson, who cited research stating only about 25 percent of domestic violence occurs with married couples.
Originally, the domestic violence law covered family and household members.
But under the DOMA only married partners can technically face domestic violence charges. Other cases of abuse must be filed as assault charges.
The interpretation of the DOMA is still currently in flux, because local judges decide whether or not charges should be considered “domestic violence.”
The problem with filing domestic abuse as assault is that repeat offenders won’t face escalating charges. Each assault charge is treated as a misdemeanor, which carries only a maximum of six months in prison, Robinson said.
In domestic violence cases, charges become more severe after the first time. The first occurrence of domestic violence is charged as a misdemeanor, but the second time it becomes a felony charge – with at least one year in prison, Robinson said.
Domestic violence charges also carry more protection for victims, said Dee Kinney, adult abuse program coordinator at the Family and Child Abuse Prevention Center.
Victims of domestic violence automatically get a temporary protection order until the case is finished in court. Assault victims must file for a civil protection order.
Public defenders and attorneys all across Ohio have been filing motions to dismiss domestic violence charges based on the DOMA.
Many people were not expecting this repercussion when they voted for Issue 1, said Leann Schemrich, an attorney for the Wood County Public Defender.
Eventually the issue will be taken to the Ohio Court of Appeals to finally determine the constitutionality of the domestic violence statute, Schemrich said.
The panel also briefly discussed House Bill 161, which is supposed to “fix” the problems DOMA spawned in the domestic violence law.
Nonetheless, panelists agreed that same-sex couples in Ohio will likely face more obstacles in the future.
Robinson briefly mentioned legislation that is attempting to prevent gays in Ohio from adopting.
“I don’t see [gay rights] making big strides in Ohio,” Schemrich said.
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