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STATE v. HADINGER

No. 90AP-1256.

61 Ohio App.3d 820 (1991)

The STATE of Ohio, Appellant, v. HADINGER, Appellee.

Court of Appeals of Ohio, Franklin County.

Decided March 21, 1991.

Attorney(s) appearing for the Case

Ronald J. O'Brien, City Attorney, James J. Fais, City Prosecutor, and

Thomas K. Lindsey, for appellant.

Robert S. Hendrix, for appellee.

Jerry L. Bunge, urging reversal for amicus curiae, American Civil Liberties Union.

Carol Ann Fey, urging reversal for amici curiae, LAMBDA Legal Defense and Education Fund, Inc., and Ohio Human Rights Bar Association.

STRAUSBAUGH, Judge.

This is an appeal by plaintiff, state of Ohio, from a judgment of the Franklin County Municipal Court dismissing the charge of domestic violence against defendant on the basis that under Ohio law two women cannot be married and therefore could not be living in a spousal relationship. The record indicates that on August 6, 1990, defendant, Carol Hadinger, was charged with domestic violence in violation of R.C. 2919.25. The complaint provides in...

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