*Another* reason why anti-gay marriage ballot initiatives suck

[_jonjuan_]

In Ohio, a statewide vote to deny anyone but married couples access to the protections of married life has meant that some men are getting off scot-free after beating up their girlfriends. The courts have no choice but to strike down domestic abuse laws because they protect against battery from "a family member, spouse or person living as a spouse

Comments

[monkeybutlers]

Out of curiosity, how are domestic abuse laws of the kind you're identifying any different from assault?

[_jonjuan_]

Well said, Spencer -- frankly I have no idea how these crazy American laws work. I would imagine they give some nuance to it; perhaps there's a greater penalty because they violate the holiness of matrimonial union (thinking the way these people think), or perhaps there are other sentencing aspects, like automatic restraining orders, automatic counseling for the victim, that kind of thing.

Also, if you're charged in court with 1 count of assault and 1 count of domestic abuse, then that's two counts you can be tried on with different criteria. Perhaps you're only guilty of one. But if that one is domestic abuse, then you have a man who did something to his girlfriend (or vice versa) who has a greater chance of going unpunished.

[_jonjuan_]

On closer reading of the article, it looks like the guy, Michael Carswell, was only charged under domestic abuse legislation. So dropping this on a constitutional basis would mean that he would get off. Which means that the police would have to launch another investigation, launch new charges, cost the taxpayers tons of cash, all for a law that oppresses gays.

Awesome.

[monkeybutlers]

I still don't understand why domestic abuse legislation exists. Especially if there was a situation where a loophole like this could be created.

[kid_eh]

well, i mean, if these gals weren't living with their boyfriends in sin, rather than under the sanctity of holy matrimony, they wouldn't have to worry.

sinners and the homosexuals (also sinners) are the only ones who aren't protected by god's..err.. i mean.. the state's laws.