Domestic Relations Judge Holds Ohio Constitution's "Gay Marriage" Language Violates Equal Protection

In the case of Tori D. Phelps v. Brian K. Johnson, Cuyahoga Court of Common Pleas, Domestic Relations Division case no.  05-305642,  the petitioner requested a domestic violence civil protection order.  The respondent moved to dismiss the case, because the domestic violence statute is unconsititutional when applied to unmarried couples, based on the so-called "gay marriage" amendment to the Ohio Constitution.  Judge Celebrezze denied the motion to dismiss, holding that the "gay marriage" amendment violates the equal protection clause of the U.S. Constitution.  To read the opinion Download phelps_john.doc . See Ruling in Cuyahoga Could Gut Ohio Ban on Same-Sex Nuptial by Jim Nichols, The Plain Dealer,Dec. 18, 2005. 

See our previous post:  Twelfth District Holds Domestic Violence Statute Applies to Unmarried Defendant.