State v. Carswell
Supreme Court of Ohio
871 N.E.2d 547 (2007)
The State of Ohio (plaintiff) indicted Michael Carswell (defendant) under the state's domestic-violence statute for allegedly injuring or attempting to injure his live-in romantic partner; the statute extended protection to family and household members, including a person "living as a spouse." Carswell challenged the indictment, arguing it conflicted with a state constitutional amendment barring Ohio from recognizing marriage between anyone other than one man and one woman, or from creating any legal status for unmarried couples intended to approximate marriage. The trial court dismissed the indictment on that basis; the court of appeals reversed, and Carswell appealed.
Whether a domestic-violence statute protecting persons living as a spouse with the accused conflicts with a state constitutional amendment barring the creation of a marriage-like legal status for unmarried couples.