State v. Carswell

871 N.E.2d 547 (2007)

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Nature of the Case

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Facts

In November 2004, Ohio voters approved an amendment to the Ohio Constitution known as the Defense of Marriage Amendment. Section 11, Article XV to the Ohio Constitution states: 'Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions. 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.' D was indicted on one count of domestic violence. The alleged victim was a female to whom D was not married. The state intended to present evidence that D's alleged victim had been 'living as a spouse' with D and that she was, therefore, a 'family or household member.' The trial court granted Carswell's motion to dismiss the indictment, concluding that the domestic-violence statute violated Section 11, Article XV of the Ohio Constitution because the statute recognized a legal status similar to marriage for unmarried persons. The court of appeals reversed, holding that while the statute does create a special class of unmarried persons living together as a spouse, this classification did not create a legal status akin to marriage. D appealed.