State v. Theeler
Annotate this CaseDefendant was charged with partner or family member assault (PFMA) for physically assaulting his girlfriend. Defendant filed a motion to dismiss the PFMA charge, arguing that the statute under which he was charged violated his right to equal protection because it did not apply to persons in same-sex intimate relationships. The justice court denied the motion, concluding that the statute did not violate Defendant’s right to equal protection because it does not treat similarly-situated individuals unequally. The court then found Defendant guilty. The district court affirmed, concluding that the justice court correctly analyzed Defendant’s equal protection claim. The Supreme Court affirmed, holding (1) the former version of the statute under which Defendant was charged violated equal protection; (2) the unconstitutional provision was unnecessary for the integrity of the law, and severing that provision leaves the remainder of the statute complete in itself; and (3) therefore, Defendant was not entitled to dismissal of his PFMA charge.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.