State v. McKinley, Unpublished Decision (5-22-2006) , 2006 Ohio 2507 ( 2006 )

{¶ 38} I respectfully dissent.

{¶ 39} I do not believe the domestic violence statute conflicts with Section 11, Article XV of the Ohio Constitution for many of the reasons expressed in State v. Newell, 5^th Dist. No. 2004CA00264, 2005-Ohio-2848; State v. Carswell, 12^th Dist. No. CA2005-04-047, 2005-Ohio-6547; State v.Burk, 8^th Dist. No. 86162, 2005-Ohio-6727; State v.Rexroad, 7^th Dist. Nos. 05-CO-36, 05-CO-52, 2005-Ohio-6790;State v. Nixon, 9^th Dist. No. 22667, 2006-Ohio-72; Statev. Ward, 2^nd Dist. No. 2005-CA-75, 2006-Ohio-1407 (Donovan, J., dissenting); and State v. Rodgers, 10^th Dist. No. 05AP446, 2006-Ohio-1528.

{¶ 40} Moreover, I must reject the conclusion reached by the majority herein, that mere cohabitation "amounts to the design, qualities, significance, or effect of marriage." Majority opinion at ¶ 16. I would affirm the judgment of the trial court.