Case Summaries: Same Sex Couples

Same-sex Couples Protected

Trial court, J. Timothy S. Black, ruled that Ohio criminal domestic violence laws apply equally to all persons regardless of their gender. Factors to evaluating cohabitation include whether parties are living under one roof, sharing expenses and liabilities, owning property together, socializing together as couple, engaging in sexual relationship, exchanging vows of commitment, parenting a child together, or raising children together. State v. Linner, (Hamilton County Municipal Court 1996), 77 Ohio Misc.2d 22.

Keywords: homosexual, homosexuals, same gender, same sex

Date: 9/25/2002

Same-sex Couples Protected

Ohio criminal statutes which protect persons "living as a spouse" from domestic violence protects a person living in a same-sex relationship. Court looked to other states for definition of "cohabitation," and found case-by-case examination of two factual considerations: financial support (food, clothing, shelter), and consortium (affection, society, conjugal relations). Ohio v. Yaden, 118 Ohio App.3d 410 (Hamilton 1997).

Keywords: homosexual, homosexuals, same gender, same sex

Date: 9/25/2002

DV Statute Protects Same Sex Couples

The Franklin County Court of Appeals held that the DV statute provided protection to same-sex couples. The definition of persons living as spouses includes same-sex couples who are cohabitating. State v. Hadinger (Franklin 1991), 61 Ohio App.3d 820.

Keywords: homosexual, homosexuals, same gender

Date: 4/17/2002