Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

March-08-99

Appeals Court Deems VAWA Act Unconstitutional

The 4th U.S. Circuit Court of Appeals ruled Friday that the federal Violence Against Women Act (VAWA) is unconstitutional. The case was brought by plaintiff Christy Brzonkala, who filed a federal lawsuit against the two former Virginia Tech students who are charged with raping her.

Passed in 1994, the VAWA gave victims of sex-based crimes like rape and domestic violence the right to sue their attackers for violating their civil rights as women. The Act also ordered the allocation of funds for battered women's programs and for centralized offices to help enforce protective orders.

As a result of Friday's ruling, women living in states where the Court has jurisdiction -- Virginia, Maryland, West Virginia, and the Carolinas -- will no longer be eligible to sue their attackers under VAWA. These women now must sue only under their state's tort laws, which have shorter statutes of limitations and lower caps on damages.

Legal experts predict that Brzonkala will appeal the case to the U.S. Supreme Court. Brzonkala's attorney, Eileen N. Wagner, agreed. "The Supreme Court was our original goal and I have a hard time envisioning we would pass up the test. Her (Brzonkala's) idea was, 'I'll make sure this doesn't happen to someone else.'"

Media Resources: Washington Post - March 6, 1999


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

8/29/2014 Terry O'Neill Was One of Hundreds Arrested Calling for Immigration Reform at White House Rally - Thursday, nearly 300 people were arrested in front of the White House during a rally calling on President Barack Obama to halt mass deportations. . . .
 
8/29/2014 BREAKING: Fifth Circuit Blocks Texas TRAP Law Provision! - WASHINGTON - The Feminist Majority Foundation applauds U.S. . . .
 
8/29/2014 Domestic Violence Victims May Now Qualify For Asylum in the US - A recent case has opened the door for victims of domestic violence abroad to qualify for asylum in the United States. The Justice Department's Board of Immigration Appeals ruled for the first time on Tuesday that a victim of domestic violence fit a specific criterion for asylum: persecution for membership in a particular social group. . . .