One
of
the
key
arguments
cited
by
gay
rights
activists
opposing
a
Virginia
amendment
to
ban
gay
marriage
is
that
the
measure
would
threaten
domestic
violence
laws
as
they
pertain
to
unmarried
couples
in
the
state.
Opponents
claim
that
what
happened
in
Ohio,
where
judges
have
overturned
state
domestic
violence
laws,
could
happen
in
Virginia
if
the
amendment
passes
this
fall.
Eight
cases
were
brought
before
Ohio
courts
involving
unmarried
couples
that
challenged
domestic
violence
laws.
Six
of
those
decisions
upheld
domestic
violence
laws,
but
judges
in
the
other
two
cases
declared
the
laws
unconstitutional.
Both
cases
are
now
in
the
appellate
court.
Officials
at
Family
Foundation
Action,
which
operates
the
Va4Marriage.org
website,
contend
the
likelihood
that
unmarried
Virginians
will
have
their
domestic
violence
protections
taken
away
is
unfounded.
Representatives
did
not
respond
to
calls
this
week,
but
according
to
the
group’s
website,
most
of
the
challenges
in
the
trial
courts
in
Ohio
were
reversed
and
that
“what
happens
in
Ohio
is
irrelevant
to
Virginia.”
“Virginia
is
in
better
legal
shape
than
Ohio,”
the
statement
said.
“Ohio’s
law
refers
to
‘spouses,’
but
Virginia’s
domestic
violence
laws
are
not
based
on
marriage,
but
instead
are
based
on
‘households.’
“Virginia
law
clearly
defines
the
‘class
of
victims’
of
domestic
violence
as
any
‘household
member’
who
‘cohabitates’
or
‘resides’
with
another
person,”
the
group
contends.
“It
has
no
reference
to
marriage
or,
in
fact,
any
relationship
at
all
between
the
two
people
who
reside
together.”
Greg
Nevins,
senior
staff
attorney
with
Lambda
Legal
Defense
Fund’s
Southern
regional
office,
said
Citizens
for
Community
Values,
one
of
the
groups
that
campaigned
for
the
Ohio
Marriage
Amendment,
is
now
also
arguing
that
the
amendment
invalidates
domestic
violence
protections
for
unmarried
couples.
He
said
Virginians
should
be
wary.
“I
have
to
expect
it
won’t
invalidate
domestic
protections
in
court,”
he
said.
“But
people
have
to
know
they
might
have
to
fight
in
court
to
get
the
protections
they
have
now.”
A
real
threat?
Stacy
Ruble,
advocacy
coordinator
of
the
Virginia
Sexual
&
Domestic
Violence
Action
Alliance,
said
the
threat
of
having
domestic
violence
protections
taken
away
from
unmarried
couples
is
a
real
one.
“Our
concern
is
for
all
of
those
who
will
be
hurt
between
when
the
amendment
passes
and
when
the
Supreme
Court
makes
a
decision — that’s
if
they
decide
domestic
violence
laws
are
OK
the
way
they
are,”
she
said.
“If
not,
we
will
need
to
develop
a
long-range
plan
to
protect
domestic
violence
victims.
In
the
short
term,
if
it
passes
we
will
have
to
create
a
plan
to
address
legal
battles,
educate
advocates,
legal
aid
attorneys
and
Commonwealth
attorneys
and
look
at
how
to
serve
victims,”
she
said.
Ruble
said
the
procedure
for
responding
to
domestic
violence
complaints
involves
a
police
officer
going
to
the
victim’s
home,
filing
a
report,
arresting
the
perpetrator
and
transporting
the
victim
to
a
safe
place,
if
needed.
At
that
point
the
victim
can
get
a
protective
order
against
his
or
her
abuser,
which
indicates
where
the
abuser
can
and
cannot
go
in
relation
to
the
victim.
“If
domestic
violence
laws
can
only
cover
married
couples,
the
most
the
police
can
do
is
charge
[the
abuser]
with
simple
assault
and
battery,”
she
said.
“There
is
no
protective
order
or
transportation
to
a
safe
place.
If
the
victim
makes
it
to
a
shelter,
they
will
stay
longer
because
there
is
no
protective
order.”
Ruble
said
businesses
and
apartment
complexes
can
file
no
trespassing
charges
against
an
abuser,
but
they
are
not
as
effective
as
a
protective
order.
“You
don’t
have
an
automatic
arrest
if
someone
breaks
a
no
trespassing
law,”
she
said.
Ruble
said
that
although
Virginia
maintains
statistics
for
domestic
violence
rates
in
general,
the
Virginia
Sexual
&
Domestic
Violence
Action
Alliance
does
not
have
any
statistics
for
domestic
violence
cases
within
same-sex
households
because
victims
are
often
reluctant
to
reveal
information
about
their
sexual
orientation.
“People
don’t
want
to
out
themselves
because
they
are
afraid
they
won’t
get
good
services,”
said
Ruble.
“In
general,
when
you
are
not
sure
what
kind
of
climate
you
are
walking
into,
you
are
not
going
to
out
yourself
when
you
are
not
sure
if
you
will
be
ostracized.”
