11.20.2006

Heterosexual Privilege

Question: Did you know it’s okay to beat the crap out of your live in girlfriend in Ohio? And go ahead girls, it’s okay to kick the snot of your common law husband, too.

This is equal opportunity insanity, as long as it’s opposite sex. Same sex couples, roommates, etc don’t exist in Ohio under the law.

Ohio wrote discrimination into its constitution when it passed the Defense of Marriage Amendment a few years ago. That’s old news. Ohio was the 38th state to do so. They’re reasoning for doing so was to protect the sanctity of heterosexual marriage.

However, Ohio’s law also makes it illegal to live as a couple with someone who is not your spouse. In other words, if you aren’t married, you aren’t legal and therefore have no recourse under the law. This directly conflicts with Ohio’s domestic violence laws which protect people who “live as a spouse.”

Which brings me to my topic. There is a guy in Dayton, one Michael Carswell, who according to the Dayton Daily News,
is suing to get assault charges thrown out, because under DOMA, slapping your girlfriend around is no longer a crime.

Carswell’s arguments are scheduled to be heard by the Ohio Supreme Court, next month. There are in fact 60 cases pending, where the defendants have argued that beating up your girlfriend, is not a crime under this law.

The 2nd and 3rd District Appeals Courts have issued rulings agreeing with Carswell’s reading of the law.

The 2nd and 3rd Districts cover about 17 counties in northwest Ohio. But a number of other courts have rejected the argument, hence the need for the Ohio Supreme Court to settle the dispute.

In the meantime, Dayton police are using misdemeanor assault laws instead of the felony domestic violence laws when the partners are not legally married.

That means that a woman cannot get an order of protection, while this hassle is working its way through the court system. It means that the assaulter will still be on the streets and could pose a threat to the victim. We’ve seen this craziness in Ohio.

Alleged Christian groups Citizens for Community Values and Focus on the Family have filed briefs supporting Carswell’s argument.

These two groups led the fight to get DOMA passed. Now they are trying to protect abusers, victims be damned.

And they call themselves christian? Hmmmmmmmmm....

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