Gay couples fall within the scope of the protections of the Violence
Against Women Act (VAWA), the Justice Department has clarified. Federal
prosecutors may use the law in cases of interstate stalking and domestic
violence, regardless of the victim or defendant’s sex. “The text, relevant case
law and legislative history all support the conclusion” that the law’s criminal
provisions “apply when the offender and the victim are the same sex,” wrote
David J. Barron, the acting assistant attorney general of the Justice
Department’s Office of Legal Counsel. The office’s decision will now be used as
legal guidance for federal prosecutors across the country.
Legal Momentum, along with countless other organizations, worked tirelessly
to get the VAWA passed in 1994, and reauthorized in 2000 and 2005. A third
reauthorization should occur next year. The law made major strides towards
protecting victims of violence, including making it a federal crime to cross
state lines with the intent of committing domestic violence, stalking, or
violating a protection order. However, in its passage, the VAWA also omitted
significant components of the law that Legal Momentum had supported and helped
draft. One of the vital components was struck down by the Supreme Court in
2000. The provision allowed individuals to sue their rapists in federal court based on violation of civil
rights. This ruling fails to understand that rape is a sometimes a biased
crime and an attack against women.
In addition, the VAWA did not specifically address the enforcement of the
law in same-sex relationships. In the midst of an ongoing, national debate over
same-sex marriage, and the 1996 Defense of Marriage Act which defined terms
such as “marriage” and “spouse” as categories only existing between a man and
woman, the applicability of VAWA to same-sex relationships became blurred.
However, in the memorandum, Mr. Barron explains that the tone and
gender-neutral language of the VAWA reflects Congress’ original intention for
the laws to cover both heterosexual and same-sex couples. Additionally, the
VAWA includes terms not included in the Defense of Marriage Act, such as
“dating partner” and “intimate partner.” These terms apply equally to same-sex
relationships as heterosexual ones. “It is true that the statute is
entitled the Violence Against Women Act, but other provisions of the Act make
clear it applies to conduct perpetrated against male, as well as female,
victims,” Mr. Barron wrote.
Legal Momentum hails the Justice Department’s decision as a critical step
towards the successful protection of victims of domestic violence, sexual
assault, stalking, and dating violence. In our work to on VAWA, Legal Momentum
drafted and advocated for provisions that applied to all individuals,
regardless of their gender or sexual identity. This long welcome clarification
will dramatically alter countless lives, and must be disseminated and
implemented swiftly and effectively.
To read The New York Times’ “Gay Couples Gain Under
Violence Against Women Act,” click here.
For more information on Legal Momentum’s work on the VAWA, click here.
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