This section contains the nature of the case and procedural background.

In November 2004, Ohio voters approved an amendment to the Ohio Constitution known as the Defense of Marriage Amendment. Section 11, Article XV to the Ohio Constitution states: '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.' D was indicted on one count of domestic violence. The alleged victim was a female to whom D was not married. The state intended to present evidence that D's alleged victim had been 'living as a spouse' with D and that she was, therefore, a 'family or household member.' The trial court granted Carswell's motion to dismiss the indictment, concluding that the domestic-violence statute violated Section 11, Article XV of the Ohio Constitution because the statute recognized a legal status similar to marriage for unmarried persons. The court of appeals reversed, holding that while the statute does create a special class of unmarried persons living together as a spouse, this classification did not create a legal status akin to marriage. D appealed.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.