Ohio’s domestic violence law protects “persons living as a spouse.” Is this now unconstitutional because it recognizes a legal status equivalent to marriage?
No. Although the domestic violence statute does provide protections to a “person living as a spouse,” the Supreme Court of Ohio has ruled that there is no conflict between the domestic violence statute and the constitution’s prohibition against creating or recognizing a “marriage” status for relationships of unmarried individuals. The domestic violence statute prohibits anyone from causing physical harm to a family or household member; “a person living as a spouse” comes within the definition of “family or household member.” Although the domestic violence statute appears to recognize a legal status similar to marriage, the Supreme Court of Ohio stated that the term “person living as a spouse” merely identifies a particular class of persons for the purposes of the domestic violence statute. It does not create or recognize a legal relationship that approximates the design, qualities, or significance of marriage as prohibited by the Ohio Constitution. It should be noted that this particul
