DocketNumber: Nos. 86567, 86568.
Judges: CHRISTINE T. McMONAGLE, J.:
Filed Date: 5/11/2006
Status: Non-Precedential
Modified Date: 7/6/2016
{¶ 2} On May 13, 2005, appellee was indicted by the Cuyahoga County Grand Jury on one count of domestic violence. The indictment alleged that appellee caused or attempted to cause physical harm to the alleged victim, "a family or household member." Appellee and the alleged victim of the offense were not married, but allegedly cohabited. Appellee filed a motion to dismiss, contending that R.C.
{¶ 3} Appellee's motion to dismiss was based upon the November 2004 approval of the Ohio constitutional amendment known as Issue 1. In particular, Issue 1 amended the Ohio Constitution by defining marriage as follows:
{¶ 4} "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." Section
{¶ 5} In a similar case where a defendant was indicted on a domestic violence charge against an alleged victim to whom he was not married, the same trial judge who presided over this case dismissed the charge as being unconstitutional in light of the passage of Issue 1. The state appealed and during the pendency of the within appeal this court ruled in that case, finding that "Ohio's domestic violence statute is neither incompatible with, nor unconstitutional in light of, Issue 1." State v. Burk,
Cuyahoga App. No. 86162,
{¶ 6} Thus, for the reasons explained in this court's opinion in Burk, we hold that Ohio's domestic violence statute is constitutional and coexists in harmony with Section
{¶ 7} We note, however, that recently the Second Appellate District, in State v. Ward, Greene App. No. 2005-CA-75,
{¶ 8} "Whether R.C.
{¶ 9} Accordingly, the trial court's judgment granting appellee's motion to dismiss is reversed, and the conflict is certified.
This cause is reversed and remanded, consistent with the opinion herein, and the conflict is certified to the Supreme Court of Ohio.
It is, therefore, ordered that appellant recover from appellee costs herein.
It is ordered that a special mandate be sent to the court of common pleas to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
Cooney, P.J., concurs. Karpinski, J., Dissents (See Dissenting Opinion).