May 20, 2010
By Carey Roberts
Conservatives understand how the Leftist agenda threatens the prosperity, sovereignty, and fundamental values of our country. But how many realize the extent to which the feminist-progressive effort to curb partner abuse is rolling back many of our most cherished civil liberties?
Recently Stop Abusive and Violent Environments, a Washington-based advocacy organization, released a report titled "Assaulting our Rights: How Domestic Violence Laws Curtail our Fundamental Freedoms:" http://www.saveservices.org/downloads/SAVE-Assault-Civil-Rights
This document exposes, in chilling detail, how our fundamental rights have been casually tossed aside in the name of curing the so-called "epidemic" of domestic violence.
It starts with the First Amendment, the right to free speech. Did you realize that calling your partner a naughty word now constitutes grounds for state intervention? That in most states, legal definitions of domestic violence are larded with broadly-worded offenses like causing "annoyance" or "emotional distress"?
Ladies, call your better-half a "dimwit" or "gasbag," and you'll likely find yourself out on the street, subject to a restraining order. Gents, be herewith advised that rebuking your heart-throb as a "fatso" will likewise leave you subject to state-imposed sanctions.
The First Amendment also foreshadows the freedom to marry and the right to privacy in family matters. As the Supreme Court opined, "Choices about marriage, family life...are among associational rights [the] Court has ranked as 'of basic importance in our society.'" (M.L.B. v. S.L.J, 1996)
But thanks to a veritable blizzard of "get-tough-on-crime" laws, our nation's domestic violence system now amounts to "state-imposed de facto divorce," reveals Harvard Law School professor Jeannie Suk, whereby the government "initiates and dictates the end of the intimate relationship as a solution to DV."
The Second Amendment guarantees the "right of the people to keep and bear Arms." But if you are merely accused of partner abuse, you'll be forced to turn in your hunting rifle, Civil War handgun collection, and maybe even your trusty pea-shooter. Thank the well-meaning Lautenberg Amendment for that.
The Fourth Amendment promises citizens must be "secure in their persons, house, papers, and effects." But each year, 2-3 million restraining orders are issued — no evidence or proof necessary — forcing hundreds of thousands of innocent men from their homes. And if your favorite squeeze decides to auction off your personal goods to raise a little cash, no one will dare stop her. As a domestic violence "survivor," she now belongs to a protected victim class with almost limitless rights.
The Fourth Amendment also proclaims "probable cause" must exist before a person can be "seized." Well, forget what you learned in high school civics class, because thanks to the Violence Against Women Act, 22 states now have so-called "mandatory arrest" laws for allegations of assault. And in 33 states you'll be thrown in jail for even a technical violation of a restraining order, like sending your kid a Happy Birthday card.
The Fifth (and Fourteenth) Amendments assure citizens will not be deprived of life, liberty, or property "without due process of law." That quaint idea fell by the wayside years ago. Now, according to Cheryl Hanna of the Vermont Law School, "Evidentiary standards for proving abuse have been so relaxed that any man who stands accused is considered guilty."
Now on to the Sixth Amendment which says, "In all criminal prosecutions, the accused shall enjoy the right...to be confronted with the witnesses against him." But many prosecutors now adhere to a "no-drop" prosecution policy. No-drop means the prosecution will go forward, even if the evidence is flimsy or she recants the accusation.
And the Fourteenth Amendment guarantees "equal protection of the laws." But men, if your wife attacks you in the middle of the night and you decide to press charges, be sure the police catch her still clutching the knife with blood dripping off the blade.
And don't try to defend yourself from the onslaught. As Washington state attorney Lisa Scott warns, "Even the act of pushing her away, or holding her arms to stop her from hitting you, can be chargeable domestic violence."
The Parental Liberty Doctrine, which also rests on the Fourteenth Amendment, affirms the "right of the individual...to establish a home and bring up children," the Supreme Court held in Meyer v. Nebraska.
But find yourself accused of domestic violence — again, no proof necessary — you may find your parental rights whisked away by an over-zealous judge who has been lectured during countless hours of domestic violence indoctrination to "always err on the side of caution."
Each year, according to the SAVE report, over two million Americans have their fundamental civil liberties shredded by the Violence Against Women Act. The irony of it all is that Vice President Joe Biden, who openly and proudly championed VAWA, is a former professor of constitutional law.
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