State v. Burk, Cuy. CP No. CR 462510: Cuyahoga County Common Pleas judge Stuart Friedman ruled that the domestic violence statute, ORC 2919.25, is unconstitutional because it conflicts with the "gay marriage" amendment to the Ohio constitution. The constitutional amendment, Article XV, Section II of the Ohio Constitution, prohibits state or political subdivisions from creating or recognizing a legal status for relations of unmarried couples which approximates marriage. The domestic violence statute covers assaults against "a person living as a spouse," and thus recognizes a relation of unmarried couples which approximates marriage. The defendant, Frederick Burk, could not be charged with domestic violence against a woman with whom he cohabitated. He could be charged with simple assault.
To see the entire opinion: Download 462510burk1.pdf