STATE v. CARSWELL

No. 2006-0151.

114 Ohio St.3d 210 (2007)

2007-Ohio-3723

THE STATE OF OHIO, APPELLEE, v. CARSWELL, APPELLANT.

Supreme Court of Ohio.

Decided July 25, 2007.


Attorney(s) appearing for the Case

Thomas G. Eagle Co., L.P.A., and Thomas G. Eagle, for appellant.

Rachel A. Hutzel, Warren County Prosecuting Attorney, and Joshua A. Engel and Lew Bechtol, Assistant Prosecuting Attorneys, for appellee.

Langdon & Hartman, L.L.C., David R. Langdon, and Joshua B. Bolinger, urging reversal for amicus curiae Citizens for Community Values.

Robert L. Tobik, Cuyahoga County Public Defender, and Erika Cunliffe, Assistant Public Defender, and Charles B. Clovis, urging reversal for amici curiae Cuyahoga County Public Defender and Ohio Association of Criminal Defense Lawyers.

Ron O'Brien, Franklin County Prosecuting Attorney, and Steven L. Taylor, Assistant Prosecuting Attorney, urging affirmance for amicus curiae Ohio Prosecuting Attorneys Association.

Gerhardstein, Branch & Laufman and Alphonse A. Gerhardstein; and Camilla B. Taylor, urging affirmance for amicus curiae Lambda Legal Defense and Education Fund, Inc.

Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., Fernando R. Laguarda, Michael T. Hass, and Helen Gerostathos Guyton; and Bricker & Eckler, L.L.P., and Natalie Trishman Furniss, urging affirmance for amicus curiae National Network to End Domestic Violence et al.

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

William D. Mason, Cuyahoga County Prosecuting Attorney, and Matthew E. Meyer, Assistant Prosecuting Attorney, urging affirmance for amicus curiae, the Cuyahoga County Prosecutor's Office.

Michael R. Smalz; and Alexandria M. Ruden; and Lisa Eschleman, urging affirmance for amici curiae Action Ohio Coalition for Battered Women, Ohio Domestic Violence Network, and Ohio NOW Education and Legal Fund.


MOYER, C.J.

{¶ 1} In this appeal, we are asked to determine whether the domestic-violence statute codified at R.C. 2919.25 violates Section 11, Article XV of the Ohio Constitution.

{¶ 2} In November 2004, Ohio voters approved an amendment to the Ohio Constitution known as the Defense of Marriage Amendment or Issue 1. Voter approval of Issue 1 added Section 11, Article XV to the Ohio Constitution. Section 11...

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