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

4/16/2014 Female Afghan Parliamentarian Injured in Shooting Attack - Maryam Koofi, a member of Afghanistan's Parliament, was wounded in a shooting yesterday. . . .
 
4/16/2014 10-Year Old Girl Banned from Boys Basketball Team Will Now Play - Ten-year old Albuquerque, New Mexico fourth-grader Jaelyn Bates plays on the Frey Academy Basketball team, and her coach, Kevin Frey, thinks she's pretty good. . . .
 
4/15/2014 Virginia Bishops Advocate More Abortion Restrictions for Poor Women - Using the Medicaid expansion debate as a platform, the Virginia Catholic Conference issued a statement Friday calling for the repeal of a Virginia law that allows state funding of abortion care for Medicaid recipients in situations where the fetus exhibits a "gross and totally incapacitating physical deformity" or a "gross and totally incapacitating mental deficiency." Bishop Francis DiLorenzo of the Diocese of Richmond and Bishop Paul Loverde of the Diocese of Arlington authored the statement which urges Virginia lawmakers to act to expand Medicaid to cover more of Virginia's poor. . . .