Added: Korinna Rossi - Date: 15.09.2021 15:06 - Views: 34197 - Clicks: 1251
Is that constitutional? The Supreme Court of South Carolina just addressed a related question, and its opinion suggests that the answer is no. For purposes of this subdivision, an aggrieved party may not obtain an order of protection against or grandchild under the age of 16.
For purposes of this subdivision, a dating relationship is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship.
It has been clear at least since Obergefell v. HodgesU. In this prior postI noted that Chapter 50B contained several questionable provisions. South Carolina case. The recent South Carolina case that bears on this issue is Doe v.
July 26, She challenged the law in court, arguing that the exclusion of same-sex couples violated equal protection principles. The state supreme court agreed. Accordingly, we find no constitutionally valid rational basis for the statutory classifications created by the definitional subsections at issue. In other words, the court made opposite-sex cohabiting couples ineligible for DVPOs so that both same-sex and opposite-sex couples are treated in the same way.
The chief justice dissented as to the remedy. Back to North Carolina. But that court was unanimous on the fundamental equal protection issue. I suspect that judges are receiving DVPO requests arising out of same-sex dating relationships, and I have heard that at least some judges will issue DVPOs in such circumstances.
But as always, I welcome comments regarding how this issue is playing out in the real world. Toggle. As the largest university-based local government training, advisory, and research organization in the United States, the School of Government serves more than 12, public officials each year. The School provides content and resources for a wide array of local government and judicial officials in North Carolina. Select your role to explore all related content. The School provides content and resources on a wide array of topics in local government and judicial administration in North Carolina.
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Blogs NC Criminal Law. For purposes of this subdivision, an aggrieved party may not obtain an order of protection against or grandchild under the age of 16; 4 Have in common; 5 Are current or former household members; 6 Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship. Violence in same-sex relationships seems to be as commonor maybe even more commonthan in opposite-sex ones, suggesting an equivalent need for DVPOs.
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