Judge Upholds VAWA Provision Calling Gender-Motivated Crime a Civil Rights Violation
U.S. Judge James Jarvis, of the Eastern District of Tennessee, has upheld the constitutionality of the civil rights provision of the federal Violence Against Women Act. The provision makes gender-motivated crime, such as spousal abuse, a civil rights violation. Congress used its power under the interstate commerce clause to pass the legislation. After four months of hearings, Congress found in 1994 "that gender-based crimes and fear of gender-based crimes restrict movement, reduce employment opportunities, increase health expenditures, and reduce consumer expending, all of which affect interstate commerce and the national economy [and that about half of rape victims lost their jobs or were forced to quit after the crime]." Jarvis made the ruling in the case Laurel Knuckles Seaton v. Kenneth Marshall Seaton; Laurel Knuckles has sued her estranged husband for compensatory and punitive damages of $40 to $87 million. Knuckles claims that her husband repeatedly mentally and physically abused her and thus violated her civil rights.
In 1996, another U.S. District Judge found in Doe v. Doe that the provision satisfied the "rational basis" test required for Congress to pass the legislation under the interestate commerce clause. The Doe case also involved a woman whose husband allegedly repeatedly beat and threatened to kill her. In another case, Jane Doe v. Father Gerald Hatz, a third U.S. District Judge also upheld the provision's constitutionality. That case involved a woman who alleges that a church bishop groped and kissed her when she entered church for evening service. Only Judge Jackson Kiser, chief judge for the Western District of Virginia, has ruled that the provision is not constitutional because Congress exceeded its power. The case, Brzonkala v. Virginia Tech, involves a student who accused two football players of raping her. The decision is on appeal to the 4th Circuit. The Supreme Court is expected to hear a case challenging the provision at some point in the near future.
10/30/2014 Medication Abortion Access Threatened by Oklahoma Court Ruling - An Oklahoma state district court judge has refused to block a state law restricting medication abortion, clearing the way for the law to go into affect on November 1.
The Oklahoma Coalition for Reproductive Justice, together with a local abortion clinic in Tulsa, challenged HB 2684 in September, arguing that the law was an unconstitutional restriction on non-surgical abortion in the earliest weeks of pregnancy. . . .
10/30/2014 UPS Switches Pregnant Worker Policy Ahead of Supreme Court Case - The United Parcel Service (UPS) is changing its policy on light duty assignments for pregnant workers, even though the company will stand by its refusal to extend accommodations to a former employee in an upcoming Supreme Court case.
UPS announced on Monday in a memo to employees, and in a brief filed with the US Supreme Court, that the company will begin offering temporary, light-duty positions to pregnant workers on January 1, 2015. . . .
10/30/2014 North Dakota Medical Students Speak Out Against Measure 1 - Medical students at the University of North Dakota School of Medicine and Health Sciences are asking North Dakotans to vote no on Measure 1, a personhood measure on the state ballot this fall.
The students issued published a letter in the Grand Forks Herald stating that they opposed Measure 1 in part because they are against "the government's taking control of the personal health care decisions of its citizens." Nearly 60 UND School of Medicine students signed the letter, citing concerns over the "very broad and ambiguous language" used in the proposed amendment, which has no regard for serious and life-threatening medical situations such as ectopic pregnancies.
Measure 1 would change the North Dakota state constitution to create an "inalienable right to life" for humans "at any stage of development" - including the moment of fertilization and conception. . . .