STATE v. BURK

No. 86162.

164 Ohio App.3d 740 (2005)

2005-Ohio-6727

The STATE of Ohio, Appellant, v. BURK, Appellee.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided December 20, 2005.


Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecutor, and Matthew E. Meyer, Assistant County Prosecutor, for appellant.

Robert L. Tobik, Cuyahoga County Public Defender, and John T. Martin and David McGee, Assistant Public Defenders, for appellee.

Ohio State Legal Services Association and Michael R. Smalz, and Legal Aid Society of Cleveland and Alexandria M. Ruden, for amici curiae ACTION OHIO Coalition for Battered Women, Ohio Domestic Violence Network, and Ohio NOW Education and Legal Fund.

Camilla B. Taylor and Joy B. Savren, for amicus curiae Lambda Legal Defense and Education Fund, Inc.

Carrie L. Davis, for amicus curiae American Civil Liberties Union of Ohio Foundation, Inc.


MICHAEL J. CORRIGAN, Judge.

{¶ 1} In November 2004, the people of Ohio resoundingly approved the Ohio constitutional amendment known as Issue 1. Issue 1 amends the Ohio Constitution by defining marriage as follows:

{¶ 2} "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...

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