Debate and Legal Standing
The American Civil Liberties Union had originally expressed concerns about the Act, saying that the increased penalties were rash, the increased pretrial detention was "repugnant" to the US Constitution, the mandatory HIV testing of those only charged but not convicted is an infringement of a citizen’s right to privacy and the edict for automatic payment of full restitution was non-judicious (see their paper: "Analysis of Major Civil Liberties Abuses in the Crime Bill Conference Report as Passed by the House and the Senate", dated September 29, 1994). However, the ACLU has supported reauthorization of VAWA on the condition that the "unconstitutional DNA provision" be removed.
The ACLU, in their July 27, 2005 'Letter to the Senate Judiciary Committee Regarding the Violence Against Women Act of 2005, S. 1197' stated that "VAWA is one of the most effective pieces of legislation enacted to end domestic violence, dating violence, sexual assault, and stalking. It has dramatically improved the law enforcement response to violence against women and has provided critical services necessary to support women in their struggle to overcome abusive situations."
Some conservative activists opposed the bill. A spokeswoman for Concerned Women for America called the Act a "boondoggle" which "creates an ideology that all men are guilty and all women are victims." Conservative activist Phyllis Schlafly denounced VAWA as a tool to "fill feminist coffers" and argued that the Act promoted "divorce, breakup of marriage and hatred of men."
In 2000 the Supreme Court of the United States held part of VAWA unconstitutional in United States v. Morrison on federalism grounds. Only the civil rights remedy of VAWA was struck down. The provisions providing program funding were unaffected.
As of April 2012, the law is currently up for reauthorization in Congress. Different versions of the legislation have been passed along party lines in the Senate and House, with the Republican-sponsored House version favoring the reduction of services to illegal immigrants and LGBT individuals. The two bills are currently pending reconciliation, and with November elections approaching it is unclear whether a final bill will reach the President's desk before the end of the year.
Read more about this topic: Violence Against Women Act
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