The Law of Unintended Consequences at work

POSTED BY: Geezer
UPDATED: Thursday, March 31, 2005 15:57
VIEWED: 3385
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GEEZER

Friday, March 25, 2005 11:39 AM

Quote:
Judge: Ohio Gay Marriage Ban Affects Law
Updated: Wednesday, Mar. 23, 2005 - 10:47 PM

By CONNIE MABIN
Associated Press Writer

CLEVELAND (AP) - Domestic violence charges cannot be filed against unmarried people because of Ohio's new constitutional amendment banning gay marriage, a judge ruled Wednesday.

Cuyahoga County Common Pleas Judge Stuart Friedman changed a felony domestic violence charge against Frederick Burk to a misdemeanor assault charge.

Prosecutors immediately appealed.

Judges and others across the country have been waiting for a ruling on how the gay marriage ban, among the nation's broadest, would affect Ohio's 25-year-old domestic violence law, which previously wasn't limited to married people.

Burk, 42, is accused of slapping and pushing his live-in girlfriend during a January argument over a pack of cigarettes.

His public defender, David Magee, had asked the judge to throw out the charge because of the new wording in Ohio's constitution that prohibits any state or local law that would "create or recognize a legal status for relationships of unmarried individuals."

http://www.wtop.com/index.php?sid=455182&nid=104

Chortle.

"Keep the Shiny side up"

FINN MAC CUMHAL

Friday, March 25, 2005 1:10 PM

Now attorneys in Ohio are telling me that someone must be legally married before the state can prevent or react to acts of violence between two people? If the judge throws this case out, I could go to Ohio and beat the shit out of my girlfriend as long as I’m not married to her? I’m not married to lots of people in Ohio. That'll pretty much open the door to me beating the shit out of the whole state.

HARDWARE

Friday, March 25, 2005 3:25 PM

Quote:
Originally posted by Finn mac Cumhal:
Now attorneys in Ohio are telling me that someone must be legally married before the state can prevent or react to acts of violence between two people? If the judge throws this case out, I could go to Ohio and beat the shit out of my girlfriend as long as I’m not married to her? I’m not married to lots of people in Ohio. That'll pretty much open the door to me beating the shit out of the whole state.

Me too! I already have a beef with them over the last election and their dog breed specific legislation! Come on America! There's more of us than there are of them! Alaska, Hawaii, no hanging back. I expect every state to do their part!

The more I get to know people the more I like my dogs.

GEEZER

Friday, March 25, 2005 3:30 PM

Don't get too carried away, guys. Assault is still a crime in Ohio, just not as severely penalized as domestic violence.

I can almost hear the scrambling in the Ohio statehouse as legislatiors try to figure how to straighten out their mess.

"Keep the Shiny side up"

JASONZZZ

Friday, March 25, 2005 6:53 PM

That's just completely stupid to begin with. Why is beating up on your "spouse" any more or less worse than beating up a general human being? Shouldn't assault be charged at whatever the level of domestic violence is to begin with?

Please educate me on the differences if anyone knows the background on this.

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SIGMANUNKI

Friday, March 25, 2005 7:39 PM

@Geezer:
Wow, all I have to say is, Wow.

@Jasonzzz:
I think that it migth be "worse" because beating the crap out of someone is just that.

But beating your spouse is beating someone that may be dependant to a large degree on the other and thus the beatee has little recorse. They may have to stay with that person because of finanical reasons, maybe their parents kicked them out and they have no-where else to go, etc. The helplessness of it all (from what I hear) is bloody well overwelming. The feeling of being trapped, etc.

So, instead of being able to walk away and/or being able to, in all probability, never seeing that person again, the spouse may have to be with them whether they like it or not.

So, it can be worse.

----
"Canada being mad at you is like Mr. Rogers throwing a brick through your window." -Jon Stewart, The Daily Show

FINN MAC CUMHAL

Friday, March 25, 2005 9:07 PM

Geezer: I knew there was a catch.

Quote:
Originally posted by Jasonzzz:
That's just completely stupid to begin with. Why is beating up on your "spouse" any more or less worst than beating up a general human being? Shouldn't assault be charged at whatever the level of domestic violence is to begin with?

Please educate me on the differences if anyone knows the background on this.

I don’t think we need two sets of definitions for married and non-married people. One could feasibly claim that there may be a distinction, but it is probably a mistake to define ‘domestic violence’ on that distinction anyway.

JASONZZZ

Friday, March 25, 2005 11:28 PM

So, my boss can beat me, or maybe my overly zealous landlord comes and beat me a little and I can claim "domestic violence" type of deal? I think they need to even up the level of a plain beating if that's the case. Come to think of it, there are most definitely different levels of assaults as well.

Oh, forget the whole thing.

Quote:
Originally posted by SigmaNunki:
[B]@Geezer:
Wow, all I have to say is, Wow.

@Jasonzzz:
I think that it migth be "worse" because beating the crap out of someone is just that.

But beating your spouse is beating someone that may be dependant to a large degree on the other and thus the beatee has little recorse. They may have to stay with that person because of finanical reasons, maybe their parents kicked them out and they have no-where else to go, etc. The helplessness of it all (from what I hear) is bloody well overwelming. The feeling of being trapped, etc.

So, instead of being able to walk away and/or being able to, in all probability, never seeing that person again, the spouse may have to be with them whether they like it or not.

So, it can be worse.

----
"Canada being mad at you is like Mr. Rogers throwing a brick through your window." -Jon Stewart, The Daily Show

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SIGMANUNKI

Saturday, March 26, 2005 2:38 AM

Quote:
Originally posted by Jasonzzz:

So, my boss can beat me, or maybe my overly zealous landlord comes and beat me a little and I can claim "domestic violence" type of deal?

What?!?! I never stated anything near this! Where did you get this from?

----
"Canada being mad at you is like Mr. Rogers throwing a brick through your window." -Jon Stewart, The Daily Show

JASONZZZ

Saturday, March 26, 2005 4:09 AM

(calm, soothing voice on)
No, I didn't say that you stated anything like that at all. Not even remotely close to those set of words anywhere, nor those ideas.

But you'd have to admit if all we did were parrot each other endlessly on this board, it would be boring at least, and murderously frustrating at best.

but that was my mini-rhetoric approach to find out whether what I've learned is correct - that someone who is by and large dependent on someone else for their resources - and I hope that some sort of blood-relations is not of immediate importance - and is beaten can claim a problem of "domestic violence". So, I ask if that could extend to my dependency on my boss or maybe my overly zealous landlord - considering if I was in that type of situation and relationship where I am by and large dependent on them for my living and livelyhood and they were beating me to some degree. Or to take a different angle, perhaps an assortment of emotion abuse.

I'm not sure how you got that I said that you've said that. Maybe you are tired or maybe it's the Easter weekend/Good Friday deal and you are worried about the Pope, I can only speculate on any number of wild guesses.

Quote:
Originally posted by SigmaNunki:
Quote:
Originally posted by Jasonzzz:

So, my boss can beat me, or maybe my overly zealous landlord comes and beat me a little and I can claim "domestic violence" type of deal?

What?!?! I never stated anything near this! Where did you get this from?

----
"Canada being mad at you is like Mr. Rogers throwing a brick through your window." -Jon Stewart, The Daily Show

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