More Oppression from the Patriarchy's Legal System in the US. Supreme-aria
The problem of violence against women in the U.S. was and is so vast that in 1994,after four years of congressional testimony, Congress enacted the Violence Against Women Act. A majority of state attorney generals supported it. A majority of federal judges opposed it, not because they did not believe violence against women existed on this scale, but precisely because they did. The judges saw the problem as so great it would clog the courts and prevent the real business of the courts from being done. The Supreme Court struck down the most effective provision of the Act, the right to sue an attacker in court, in “U.S. v. Morrison” in the year 2000:
(the wikipedia entry is very much against women having this protection from male violence).
In 2005, the Supreme Court removed the last pretense that any woman has the same legal right to protections from violence as any male under U.S. law. In a case in which a father kidnapped and murdered his three little girls after Castle Rock police refused to enforce a restraining order, the five member Catholic majority on the court ruled that women have no federal or constitutional right to enforcement of the law, not even under the same civil rights statutes that were enacted to protect black Americans from white violence when the states would not. Scalia wrote in the majority opinion in “Gonzales v. Castle Rock” that “a well-established tradition of police discretion has long co-existed with apparently mandatory arrest statutes.” So unlike the civil rights era statutes compelling state and local law enforcement to obey the law and protect black citizens, a “well-established tradition of police discretion” is enough to override enacted law when it comes to women. U.S. law is only “apparent” when it comes to women having rights.
The mother whose children were murdered by their father took her name back and her case to the Inter-American Commission on Human Rights as a violation of the telling named “The American Declaration of the Rights and Duties of Man”. As far as I know, it has not yet been decided.
Women have no legal right to protection under the law in the U.S.
GC Notes: So learn to shoot; buy a gun and defend yourself!
February 20th, 2009 at 3:25 pm EST