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REAL WORLD EVENT DISCUSSIONS
The Law of Unintended Consequences at work
Friday, March 25, 2005 1:39 AM
GEEZER
Keep the Shiny side up
Quote:Judge: Ohio Gay Marriage Ban Affects Law Updated: Wednesday, Mar. 23, 2005 - 10:47 PM By CONNIE MABIN Associated Press Writer CLEVELAND (AP) - Domestic violence charges cannot be filed against unmarried people because of Ohio's new constitutional amendment banning gay marriage, a judge ruled Wednesday. Cuyahoga County Common Pleas Judge Stuart Friedman changed a felony domestic violence charge against Frederick Burk to a misdemeanor assault charge. Prosecutors immediately appealed. Judges and others across the country have been waiting for a ruling on how the gay marriage ban, among the nation's broadest, would affect Ohio's 25-year-old domestic violence law, which previously wasn't limited to married people. Burk, 42, is accused of slapping and pushing his live-in girlfriend during a January argument over a pack of cigarettes. His public defender, David Magee, had asked the judge to throw out the charge because of the new wording in Ohio's constitution that prohibits any state or local law that would "create or recognize a legal status for relationships of unmarried individuals."
Friday, March 25, 2005 3:10 AM
FINN MAC CUMHAL
Friday, March 25, 2005 5:25 AM
HARDWARE
Quote:Originally posted by Finn mac Cumhal: Now attorneys in Ohio are telling me that someone must be legally married before the state can prevent or react to acts of violence between two people? If the judge throws this case out, I could go to Ohio and beat the shit out of my girlfriend as long as I’m not married to her? I’m not married to lots of people in Ohio. That'll pretty much open the door to me beating the shit out of the whole state.
Friday, March 25, 2005 5:30 AM
Friday, March 25, 2005 8:53 AM
JASONZZZ
Friday, March 25, 2005 9:39 AM
SIGMANUNKI
Friday, March 25, 2005 11:07 AM
Quote:Originally posted by Jasonzzz: That's just completely stupid to begin with. Why is beating up on your "spouse" any more or less worst than beating up a general human being? Shouldn't assault be charged at whatever the level of domestic violence is to begin with? Please educate me on the differences if anyone knows the background on this.
Friday, March 25, 2005 1:28 PM
Quote:Originally posted by SigmaNunki: [B]@Geezer: Wow, all I have to say is, Wow. @Jasonzzz: I think that it migth be "worse" because beating the crap out of someone is just that. But beating your spouse is beating someone that may be dependant to a large degree on the other and thus the beatee has little recorse. They may have to stay with that person because of finanical reasons, maybe their parents kicked them out and they have no-where else to go, etc. The helplessness of it all (from what I hear) is bloody well overwelming. The feeling of being trapped, etc. So, instead of being able to walk away and/or being able to, in all probability, never seeing that person again, the spouse may have to be with them whether they like it or not. So, it can be worse. ---- "Canada being mad at you is like Mr. Rogers throwing a brick through your window." -Jon Stewart, The Daily Show
Friday, March 25, 2005 4:38 PM
Quote:Originally posted by Jasonzzz: So, my boss can beat me, or maybe my overly zealous landlord comes and beat me a little and I can claim "domestic violence" type of deal?
Friday, March 25, 2005 6:09 PM
Quote:Originally posted by SigmaNunki: Quote:Originally posted by Jasonzzz: So, my boss can beat me, or maybe my overly zealous landlord comes and beat me a little and I can claim "domestic violence" type of deal? What?!?! I never stated anything near this! Where did you get this from? ---- "Canada being mad at you is like Mr. Rogers throwing a brick through your window." -Jon Stewart, The Daily Show
Friday, March 25, 2005 6:12 PM
RUE
I have a vote and I'm not afraid to use it!
Friday, March 25, 2005 7:25 PM
Quote:Originally posted by Jasonzzz: (calm, soothing voice on) No, I didn't say that you stated anything like that at all. Not even remotely close to those set of words anywhere, nor those ideas.
Quote:Originally posted by Jasonzzz: But you'd have to admit if all we did were parrot each other endlessly on this board, it would be boring at least, and murderously frustrating at best.
Quote:Originally posted by Jasonzzz: So, I ask if that could extend to my dependency on my boss or maybe my overly zealous landlord - considering if I was in that type of situation and relationship where I am by and large dependent on them for my living and livelyhood and they were beating me to some degree. Or to take a different angle, perhaps an assortment of emotion abuse.
Friday, March 25, 2005 7:34 PM
Quote:Originally posted by Jasonzzz: but that was my mini-rhetoric approach to find out whether what I've learned is correct - that someone who is by and large dependent on someone else for their resources - and I hope that some sort of blood-relations is not of immediate importance - and is beaten can claim a problem of "domestic violence". So, I ask if that could extend to my dependency on my boss or maybe my overly zealous landlord - considering if I was in that type of situation and relationship where I am by and large dependent on them for my living and livelyhood and they were beating me to some degree. Or to take a different angle, perhaps an assortment of emotion abuse.
Friday, March 25, 2005 10:45 PM
Quote:Originally posted by Finn mac Cumhal: If ‘domestic violence’ is as rue and sigma have describe it, that is violence between a dominate aggressor and an emotionally captive or semi-captive dependent, then one could find this paradigm existing in many aspects of society that have nothing to do with marriage.
Quote: I also think that to be able to claim "domestic violence" there must be some semblence of a relationship (romantic).
Quote:Originally posted by Finn mac Cumhal: the limited way in which ‘domestic violence’ is typically defined.
Saturday, March 26, 2005 4:25 AM
Quote:Originally posted by SigmaNunki: Actually, I never really tried to define it. I only went about describing how it is worse than typical assults. … Neither of us has been asked to, nor have we tried to actually define what is "domestic violence." So, to quote you, "this is your invention."
Quote:Originally posted by SigmaNunki: I'm game. Tell us Finn, how is "domestic violence" typically defined? Does this definition change from state to state? How about at the federal level? What about outside the US? If yes to any of the latter 3, can there even be a typical definition?
Saturday, March 26, 2005 8:32 AM
Quote:Originally posted by Finn mac Cumhal: You were describing it or some aspect of it, weren’t you?
Quote:Originally posted by Finn mac Cumhal: Quote:Originally posted by SigmaNunki: I'm game. Tell us Finn, how is "domestic violence" typically defined? Does this definition change from state to state? How about at the federal level? What about outside the US? If yes to any of the latter 3, can there even be a typical definition? Well it would seem to be typically defined in terms of marriage or some similar circumstances. Marriage would seem to clearly be an aspect of the definition in Ohio; otherwise they wouldn’t be having the problem they’re having.
Saturday, March 26, 2005 9:39 AM
Quote:Originally posted by SigmaNunki: There is a large difference between describing an aspect of it and describing it itself. edit added: You cannot claim to use my/our description if we haven't actually made one. If you wanted me/us to give an actual one, then you should've asked instead of going on with a partial one calling it a description of domestic violence.
Quote:Originally posted by SigmaNunki: Although you are right (maybe we'll see how this plays out) with the specific Ohio case. You still haven't answered my questions.
Monday, March 28, 2005 10:00 PM
ILGREVEN
Quote:Originally posted by Finn mac Cumhal: Now attorneys in Ohio are telling me that someone must be legally married before the state can prevent or react to acts of violence between two people? If the judge throws this case out, I could go to Ohio and beat the shit out of my girlfriend as long as I’m not married to her?
Tuesday, March 29, 2005 7:28 AM
HERO
Tuesday, March 29, 2005 7:39 AM
Quote:Originally posted by Geezer: Don't get too carried away, guys. Assault is still a crime in Ohio, just not as severely penalized as domestic violence.
Quote: I can almost hear the scrambling in the Ohio statehouse as legislatiors try to figure how to straighten out their mess.
Tuesday, March 29, 2005 7:49 AM
Quote:Originally posted by Finn mac Cumhal: Well it would seem to be typically defined in terms of marriage or some similar circumstances. Marriage would seem to clearly be an aspect of the definition in Ohio; otherwise they wouldn’t be having the problem they’re having.
Tuesday, March 29, 2005 8:52 AM
XENOCIDE
Tuesday, March 29, 2005 12:44 PM
Quote:Originally posted by Hero: Not really. Speaking as an Ohio prosecutor...the answer is "no, you could not beat the shit out of the whole state". Lets look at the Ohio Revised Code, shall we:
Tuesday, March 29, 2005 12:46 PM
Quote:Originally posted by xenocide: Wow Finn. Sig realy has it in for you. Can't even see when opinions overlap.
Tuesday, March 29, 2005 1:01 PM
Quote:Originally posted by xenocide: Hero: Thanks for bringing the first hand knowledge! But really too few lawyers in the legislature? Not sure I believe that.
Wednesday, March 30, 2005 4:06 AM
Wednesday, March 30, 2005 10:24 PM
SOUPCATCHER
Quote: Originally posted by Hero 2903.22 Menacing (I'm gonna hurt you, but it wont be that bad.) M-4.
Thursday, March 31, 2005 5:57 AM
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