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Antigay Amendment used to get Domestic Abuse Cases


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New Amendment Used In Defense Against Domestic Violence Charges


Reported by: AP

Web produced by: Liz Foreman

Photographed by: 9News

1/15/2005 6:25:21 PM


Some attorneys are attempting to use Ohio's new gay marriage amendment to defend unmarried clients against domestic violence charges.


The constitutional amendment took effect on December first. It denies legal status to unmarried couples.


In at least two cases last week, the Cuyahoga County public defender's office has asked a judge to dismiss domestic-violence charges against unmarried defendants. The attorneys in the two cases argue that the charges violate the amendment by affording marriage-like legal status to unmarried victims who live with the people accused of attacking them.


Advocates for victims of domestic violence have worried about the effect of the amendment since it passed in November. They fear defense attorneys around the state will copy the tactic used in Cuyahoga County.


The anti-ammendment people said this would happen. The pro-ammendment people said that they were just using a scare tactic.......

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Did the judges buy the ploy or not?


A PD would claim anything to get a client off - that doesn't mean the judge has to be buying it.



Figuring this was published last Saturday, the hearings to dismiss most likely took place on Friday. Since I believe the courts were closed today the follow-up story should come tomorrow.

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