M E D I A   R E L E A S E





For Immediate Release

March 25, 2005

NCAVP and BRAVO Raise Questions About Domestic Violence Policy in Wake of New Ohio Anti-Gay Marriage Law
Law Meant to Discriminate Against Lesbians and Gay Men Has Unintended Consequences for Domestic Violence Victims Gay and Straight

New York According to representatives from the National Coalition of Anti-Violence Programs (NCAVP), and the Buckeye Region Anti-Violence Organization (BRAVO), Ohio's newly passed "defense of marriage" law meant to prohibit same-sex marriage is having an adverse effect on unmarried victims of domestic violence in the state regardless of sexual orientation.

After ruling that domestic-violence charges can't be filed against unmarried people, Cuyahoga County Common Pleas Judge Stuart Friedman yesterday reduced a felony domestic-violence charge against a Cleveland man accused of beating his live-in girlfriend to misdemeanor assault. Both assault and domestic violence are first-degree misdemeanors carrying six-month jail terms and $1,000 fines. However, as of January 2004, the domestic-violence law in Ohio provided tougher penalties for repeat offenders and those who violate protection orders.

Before Ohio's anti-gay marriage amendment was passed in last November's election, courts in Ohio applied the domestic violence law by defining a family as including an unmarried couple living together as would a husband and wife. Now some judges in the state believe that they can no longer make that application because of the new law.

"There is no doubt that anti-same-sex marriage amendments come from hatred of lesbians and gay men," said Rachel Baum, MSW, NCAVP's Associate Director. She added, "Though we know that lesbian and gay victims of domestic violence will now be adversely impacted by this legislation, on some level, enhancing the level of pain and disenfranchisement of our community was part of the point of passing Issue 1. However, the law of unintended consequences has resulted in all unmarried domestic violence victims in Ohio now being unprotected."

"Essentially, out of its hatred for lesbians and gay men, the Ohio state legislature has given domestic violence perpetrators a free-pass," said Gary Heath, BRAVO's Domestic Violence Program Coordinator. "What we ultimately hope is that our legislators will recognize that out of their blind hatred, they have made Ohio a more unsafe place not just for the lesbians and gay men they targeted in November, but also for all unmarried people struggling with domestic and intimate-partner violence, and that that will compel them to repeal this law that's embarrassing to Ohio and dangerous for so many" concluded Heath.

Baum added "This is something we've been anticipating and fear that we can expect will happen in more states across the country that have passed anti-same-sex marriage laws - particularly those that had relatively inclusive policies on law enforcement domestic violence response and orders of protection and/or access to family and civil court. There is no advantage to anyone, when legislators pass hateful laws that have the added benefit of taking away the ability of law enforcement and the judicial system to aid victims of violence."


The National Coalition of Anti-Violence Programs (NCAVP) addresses the pervasive problem of violence committed against and within the lesbian, gay, bisexual, transgender (LGBT) and HIV-positive communities. NCAVP is a coalition of programs that document and advocate for victims of anti-LGBT and anti-HIV/AIDS violence/harassment, domestic violence, sexual assault, police misconduct and other forms of victimization. NCAVP is dedicated to creating a national response to the violence plaguing these communities. Further, NCAVP supports existing anti-violence organizations and emerging local programs in their efforts to document and prevent such violence.