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Note - Arming America's Most Dangerous Abusers: How Domestic Violence Laws Have Failed the LGBTQIA Community


This Note will address the impact of North Carolina’s exclusionary domestic violence statute, which prohibits same-sex couples from accessing the same resources available to opposite-sex victims of domestic violence and forces same-sex couples to seek aid under a “household member” application. Beginning with the history of domestic violence laws, this Note will track the growth of domestic violence regulations and resources, up through the landmark case of Obergefell v. Hodges, which equalized access to resources for same-sex victims across most forums, but unfortunately stood as a stalling point for same-sex equality in places where the decisions of legislatures are rooted in ignorance or homophobia. By analyzing the resources generally accessible to opposite-sex domestic violence victims, this Note argues that these resources must be equally accessible to same-sex victims of domestic violence on public policy, equal protection, and public health grounds.