Friday, November 03, 2006

Sen. Mike DeWine's Record on Marriage

Protecting Traditional Marriage



Sen. DeWine strongly believes that marriage is between a man and a woman, and have voted to make this the law of the land through an amendment to the United States Constitution.

  • In November 2004, the people of Ohio passed a Constitutional Amendment that defined marriage as the union of a man and a woman. Following is the text of that Amendment:
    Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions. This state and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage.


  • He reluctantly opposed that amendment. While he strongly believe that marriage is only between a man and a woman, he had several concerns about the amendment.


  • First, he was concerned that the amendment’s second sentence was very vague and ambiguous and could imperil Ohio’s laws against domestic violence.


  • Unfortunately, he was right. In fact, several Ohio courts have held that Ohio’s domestic violence laws are unconstitutional in cases involving a man and a woman who lived together, but were not married.


  • In one case, the Third District Court of Appeals of Ohio vacated the conviction of a man who had assaulted his live-in girlfriend. The Court held that Ohio’s domestic violence laws did not apply to unmarried couples living together, even if they were a man and a woman.


  • The Second Appellate District reached the same conclusion in another domestic violence case involving a live-in boyfriend and girlfriend.


  • He voted for the Defense of Marriage Act in 1996. Furthermore, he voted in July 2004 for the Marriage Protection Amendment to the United States Constitution, which would have defined marriage in the United States as between a man and a woman. Unfortunately, a Democratic filibuster prevented further debate on this important measure. Since that time, it has become increasingly clear that State and Federal courts are not respecting the judgment of the States on this issue.


  • He has since signed on as a co-sponsor the Marriage Protection Amendment, and he voted for it on June 7, 2006. This Amendment will force Courts to respect State Constitutional provisions and laws that define marriage as between a man and a woman. As in 2004, a Democratic-led filibuster prevented further consideration of the Amendment.