In State v. McKinley (May 22, 2006), 3rd Dist. No. 8-05-14, 2006 Ohio 2507, the issue presented was whether cohabitation approximates marriage and whether R.C. 2919.25 creates or recognizes a legal status for cohabitants. In McKinley, the defendant-appellant (McKinley) and the victim were boyfriend and girlfriend who were living together at the time of the domestic violence incident. McKinley was not the spouse or former spouse of his victim. McKinley was convicted of violating R.C. 2919.25, and on appeal, challenged only that portion of R.C. 2919.25 relating to unmarried, heterosexual cohabitants who have not parented any children together. Specifically, McKinley argued that R.C. 2919.25 and State v. Williams (1997), 79 Ohio St.3d 459, 1997 Ohio 79, 683 N.E.2d 1126, created a legal relationship between unmarried individuals who are cohabitating which was contrary to the Defense of Marriage Amendment. In McKinley, we held that as applied to McKinley, R.C. 2919.25(F) categorized victims based on marital-type relationships and recognized a legal status for cohabitants. Therefore, we found R.C. 2919.25 to be unconstitutional pursuant to the Defense of Marriage Amendment as applied to one man and one woman who cohabitate and have not parented children together. However, in contrast to the factual situation set forth in McKinley, Heffley's victim was his former spouse.