In defense of the sanctimonious women's studies set || First feminist blog on the internet

Thanks, Same-Sex Marriage Ban!

Jill

For not only persecuting gays and lesbians, but unmarried people as well.

DAYTON, Ohio – A constitutional amendment banning gay marriage bars prosecutors from charging some unmarried people under the state’s domestic violence law, a state appeals court ruled.

Friday’s decision by the 2nd District Court of Appeals is the first from Ohio’s 12 appellate courts to rule that the Defense of Marriage amendment, passed by voters in 2004, means that the domestic violence law does not apply to unmarried people.

Fantastic. Now, before the MRA’s and other opponents of domestic violence legislation get too excited about this, check out the facts of this case: It was a woman charged with abusing her boyfriend. See? Anti-gay legislation screws us all.

“Until the high court decides, unmarried defendants, who would have faced felony domestic violence charges, will be charged with misdemeanor assault charges in Greene County,” Schmidt said.

That’s right: Exact same crime, but depending on whether or not you’re married to the victim, you get a lighter sentence. Because in our fabulous patriarchal system, heterosexuality is compulsory and marriage is the only proper way to demonstrate it. Step outside of that mold by being gay, lesbian, or unmarried, and you lose basic state protections if you’re the victim of a particular kind of violent crime.

via feministing.

4 thoughts on Thanks, Same-Sex Marriage Ban!

  1. Okay, I think I only have a coupla minutes before this makes my head explode, but let me say this: Bad laws hurt people. See? It’s that easy. Rockefeller drug laws in New York, another example. …..kaboom….

  2. “Until the high court decides, unmarried defendants, who would have faced felony domestic violence charges, will be charged with misdemeanor assault charges in Greene County,” Schmidt said.

    Assaulting a stranger is a misdemeanor, but assaulting your spouse is a felony? Why should there be a difference between the two?

  3. Raging Moderate:

    I think there’s a pretty big difference between the two. I’m not sure how the US legal system differentiates different kinds of assault (nor am I a legal professional of any kind in my own country), but afaik usually there’s a difference between assault, which is usually along the lines of pushing/shoving, small fistfights, etc, and Grevious Bodily Harm, or Aggravated Assault.

    So, I’d say assault along the lines of two people getting in a fist fight outside a bar or whathaveyou is probably just a misdemeanor crime, in that it’s voilence without attempt at serious bodily harm (do I have the definition right?). I’m under the impression that GHB/AA are felonies. DV, even “just” on the level of assault, is deserving of being a felony, imo, because unlike a fistfight outside a bar or whathaveyou, the victim can’t just wake up the next morning with a black eye and forget about it. The victim is usually economically/socially tied to the abuser and can’t just walk away, or get on with their lives, and DV tends to not be a “one off” but an ongoing campaign of voilence, even if it is “low level” violence that would otherwise be qualified as “just” assault, and has intent to (and does) cause serious psychological harm.

    I hope that explaination makes sense.

  4. Pingback: The Republic of T.

Comments are currently closed.