Court: Violence law unfair to gay South Carolina couples

Court Watch

People in same-sex relationships in South Carolina should get the same legal protections against domestic violence as heterosexual couples, the state's highest court ruled Wednesday, deeming a portion of the state's domestic violence law unconstitutional.

The court was asked to weigh in after a woman tried to get a protective order against her former fiancée, also a woman, and was denied.

Current law defines "household members" as a spouse, former spouse, people with a child in common, or men and women who are or have lived together. It does not include unmarried same-sex couples.

Acting Justice Costa Pleicones, who wrote the majority opinion, said during oral arguments in March 2016 that he felt the law was "pretty clearly unconstitutional in its discriminatory impact upon same-sex couples."

In his opinion, Pleicones pointed out lawmakers have over the years addressed the definition of "household members" as covered under domestic violence protections in 1994, amending the language from "persons" living together to "male and female." In 2015, during a massive overhaul of South Carolina's criminal domestic violence law, legislators made changes including increasing penalties for offenders but left the gender-based definition intact.

The U.S. Constitution's Equal Protection Clause, the court wrote, states, "No state shall ... deny any person within its jurisdiction the equal protection of the laws," such as a benefit offered to one class of person but not others.

"In this case, we cannot find a reasonable basis for providing protection to one set of domestic violence victims - unmarried, cohabiting or formerly cohabiting, opposite-sex couples - while denying it to others," the court wrote.

Other states have addressed this issue since the U.S. Supreme Court's 2015 decision legalizing gay marriage nationwide. The Ohio Supreme Court in 2016 adopted the use of gender-neutral references in family court cases. California and Massachusetts proactively changed language in their laws.

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Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.