In Baltimore, the Justice Department criticized the police for not only their treatment of black men, but also for their maltreatment of women. Especially women who had been sexually assaulted. What they said to victims and how they dismissed or minimized the assaults shows what appears, IMHO, to be an ingrained sense of misogyny and a general belief in victim blaming surrounding rape.
Crime
Ferguson: White Entitlement Defeats Justice, Part I
More to the Ferguson Grand Jury story that I haven’t seen elsewhere.
President Obama’s idea of requiring police officers to wear body cameras, IMHO, would do two things: 1) help see the truth in such encounters and 2) reduce the likelihood of violence since both the police officer and the person being confronted by police would more likely be on their best behaviors.
One week ago, St. Louis DA Robert McCulloch gave a rambling, defensive press conference announcing that the grand jury had not indicted Darren Wilson, 28, for killing Michael Brown. Since then, the killer, a police officer, has resigned from the Ferguson force, but his action does not stop the news that about the inconsistencies, bad police procedures, and cover-ups that the 4,799 pages of grand jury testimony reveal.
Initially Assistant District Attorney Kathy Alizadeh told the jury to base their decisions on a law that was ruled unconstitutional almost 30 years ago. She told the jury that Wilson had the legal right to shoot and kill Brown as soon as Brown ran away from the police officer, that Wilson could legally do this even if he didn’t feel threatened. The U.S. Supreme Court had ruled unconstitutional any law stating that an officer is “justified in the use of such physical…
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Pennsylvania for Women’s Health Agenda Update
Logo for the Pennsylvania Agenda for Women’s Health
Last September, a bicameral, bipartisan caucus was created in the Pennsylvania General Assembly to review, discuss, and propose legislation to improve the health of women in the Commonwealth by addressing the genuine needs and concerns of women in the state. The Pennsylvania Agenda for Women’s Health was created as a comprehensive plan to address the real-life stories and concerns of women in terms of protecting and expanding women’s reproductive health, improving women’s economic security, and improving safety in their lives.
The First Set of Bills
On December 11, the first five bills were presented and introduced into both the House of Representatives and the Senate. The first set of bills addressed a variety of concerns for women by:
- Making sure that women receive pregnancy accommodations in their workplace;
- Creating a 15-foot buffer zone around entrances to health to make sure women seeking reproductive healthcare are able to access it in an orderly and safe manner;
- Addressing “pay secrecy” and the “factor other than sex” loophole will help to end practices that have enabled employers to pay women less than men for the same work;
- Expanding access to cervical cancer treatment. This bill is a state Pay Equity bill similar to the federal Paycheck Fairness Act;
- Eliminating local ordinances that penalize landlords and/or tenants who call the police or emergency services “too frequently;” and
- Outlawing “revenge porn,” a form of digital intimate-partner violence.
Of the first six set of bills, four have had some movement since my first detailed look at the bills on January 22.
Pregnant Workers’ Fairness Act
The House version of the Pennsylvania Pregnant Workers’ Fairness Act (HB 1892) was formally introduced and referred to the House Labor and Industry Committee where it is still awaiting a hearing. The companion Senate bill (SB 1209) was introduced on March 31 and was referred to the Senate Labor and Industry Committee; it too is awaiting its first hearing.
Pay Equity
The Pay Equity Bill basically hasn’t moved since being introduced. The House version (HB 1890) was introduced and referred to House Labor and Industry Committee on February 19. The Senate version (SB 1209) was introduced and referred to Senate Labor and Industry Committee on March 31; it has not moved since its introduction. However, the House sponsors of HB 1890 have filed a “Resolution to discharge committee from further consideration.” This was filed on April 7. This type of resolution is a rarely used tactic to force debate on a bill when the chair of the committee the bill is assigned to refuses to hold hearings on the bill. We are now waiting to see how the full House will respond to this resolution.
Victims of Crime
The bill protecting victims of crime by eliminating local ordinances that penalize landlords and/or tenants who call the police or emergency services “too frequently” (HB 1796) was introduced on October 22. After its introduction, the House Local Government Committee amended the bill to clarify that bill only applies to cases that involve victims of violence, abuse, or “individuals in an emergency” if the person making the call had a reasonable belief that police intervention or emergency assistance was needed. It unanimously passed House January 14, 2014. It was then referred to Senate Local Government Committee. January 21, 2014. Unfortunately, on March 11 the Senate Local Government Committee was tacked on an ALEC bill as an amendment, turning this good bill into a bad bill. This local ordinance sick-leave preemption bill undermines the safety of domestic violence victims. Under the amendment, local governments would lose their authority to require employers to offer paid or unpaid leave to victims of domestic violence and sexual assault. Leave from employment is often critical to a victim’s survival in both the short- and long-term. This amendment adds another purpose and intent to HB 1796 that conflicts with its original commitment to protect victims. Advocates, including but not limited to the Pennsylvania Coalition Against Domestic Violence, the Women’s Law Project, and Pennsylvania NOW, are urging the legislature to support the version of HB 1796 that was passed by the House of Representatives and to remove the problematic language that was adopted in Senate Local Government Committee. We still support the portion of HB 1796 that would eliminate local nuisance ordinances that penalize a victim for seeking help from emergency services. As a result of our subsequent lobbying to remove this amendment, the Senate has temporarily tabled the bill.
Revenge Porn Prohibition
The “Revenge Porn” bill is the most successful of this first round of bills. The Senate version (SB 1167) was amended in Senate Judiciary Committee January 14, 2014 and sent to the floor for 1st consideration. It unanimously passed the Senate on January 28, 2014 and is now residing in the House Judiciary Committee alongside HB 1901.
The Second Set of Bills
Today, the Women’s Health Agenda Caucus announced the second package of bills to be introduced. They include five bills intended to:
- Curb political interference in providers’ medical decisions. This bill protects the doctor-patient relationship from directives to practice care in a manner that is not in accordance with standards of care;
- Identify gaps in health care for women veterans by establishing the Task Force on Women Veterans’ Health Care to study health issues facing women veterans;
- Fight deep poverty among women with children. This bill Includes a study of family work support programs in the Commonwealth, increases the monthly Temporary Assistance to Needy Families (TANF) benefits for women in need; and increases in the TANF Earned Income Disregard;
- Ensure that widows of state and municipal employees get fair pensions by requiring public employees to obtain spousal consent for benefit payment structures that do not provide at least a 50% survivor benefit; and
- Protect all employees against sexual harassment by extending the prohibition on sexual harassment to all employers in the state.
Pennsylvania NOW is one of the organizations supporting this full agenda to improve women’s health. I am their lobbyist. At the press conference this morning, I handed out our statement of support. In that statement, I supported each of these bills, saying, “It’s high time that doctors were supported in their right to refuse to provide medically inaccurate information. The increases to TANF cash assistance grant levels and the eligibility asset limit will encourage saving and financial independence. We’re also glad to see sexual harassment protections extended to all workers, and see that female veteran’s health concerns finally get the attention it deserves.”
As advocates for women’s health and equity we are pleased to see the legislature taking a pro-active stance to help improve the lives of women here in Pennsylvania. As Caryn Hunt said in the Pennsylvania NOW press release, ““The women of Pennsylvania need – and now finally have – champions in the legislature who recognize that government must work for all of the people, women included.” We are pleased and “strongly support this Agenda that puts the health and well-being of women and their families first.”
(note: The bill numbers associated with each of these bills will be announced on this blog as soon as I know what they are or will be.)
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Montana! Again! More Victim Blaming
Stop Violence Against Women NOW
In several earlier blogs, I’ve written about the minimal sentence given to convicted rapist Stacey Rambold. This sentence was overturned by the Montana Supreme Court at the end of April. The case was remanded back to Yellowstone County District Court to a new judge for resentencing for a minimum of two years. At the end of last week, Rambold’s attorney, Jay Lansing, appealed the decision calling for a rehearing in the case. And what was his argument? “It was her fault.” In other words, more victim-blaming.
Attorney Jay Lansing is appealing the MT Supreme Court’s decision to re-sentence Stacey Rambold for raping Cherise Morales, a 14 year old student he taught at the high school. She later died from suicide.
Lansing said in the appeal filed with the Court on May 14:
In the Opinion in this case … the Court held that Judge Baugh’s statements reflected an improper basis for his sentencing decision. Specifically, the Court stated that consideration of any control that C.M. could have had of the situation is directly at odds with the law which holds that a youth is incapable of consent and therefore lacks any control over the situation; and that there was no basis in the law for the District Court’s distinction between C.M.’s chronological age and the District Court’s perception of her maturity.
Mr. Rambold interprets this ruling by the Court to mean that a sentencing court may not consider the victim’s role in the offense, the victim’s level of participation in the offense, or the victim’s actual consent in determining a reasonable sentence for a defendant.
Mr. Rambold contends that such a decision is in direct conflict with [previous decisions] where the Court stated the established rule that a sentencing court may consider any relevant information relating to the nature and circumstances of the crime, the defendant’s character, background, history, and mental and physical condition, and any other information that the court considers to have probative force.
Lansing then goes on to say that his argument “is not ‘victim blaming.’”
I completely disagree with this. Lansing, just like Judge Baugh, minimizes the rape of C.M. He says that Cherise knew her teacher and accepted his advances, and that this isn’t as “bad” as stranger rape. He suggests that the court should consider a victim’s “role, level of participation, or consent” [emphasis added]- in a crime against the victim. This truly flies in the face of the law and absolutely is victim blaming. To compound this upside down view of the law, he then goes on to present two hypothetical situations — one between a 19 year old and his 14 year old “girlfriend” and a second one dealing with stranger rape.
Lansing then concludes that Rambold and Cherise share the blame for the rape. He seems to say that the circumstances surrounding this rape of a minor to her teacher’s advances isn’t all that bad and therefore no change in the original sentence should be made.
He states:
One point that must be clearly stated and emphasized is that there is a distinction between consideration of C.M.’s role and participation as a defense to the charge and consideration of C.M.’s role and participation in determining a reasonable and appropriate sentence. … C.M.’s role, level of participation, and consent are relevant information relating to the nature and circumstances of the offense and are to be considered in fashioning a reasonable sentence.
In justifying his victim blaming, Lansing uses this truly twisted argument that is nothing but victim blaming. Yes, a court may consider relevant evidence for purposes of determining guilt or sentencing. But then to say that the blame is shared and therefore the rape is, in some sense justifiable, is outrageous and appalling.
Judge Baugh’s original victim-blaming comments were bad enough. Just like Baugh, Lansing uses similar rape myths in his argument to the Court. He first blames the victim (while denying this in the same breath). Then he goes on with his hypothetical relationship and stranger rape examples to imply that this rape was non-violent—thus using the myth of the Nonviolent Rapist and Implied Consent to justify the minimal sentence given to Rambold last summer. Rambold’s lawyer’s attempt to use these myths to somehow justify both the rape and the minimal sentence originally handed down are, IMHO, stupendously horrendous.
In this case, both Judge Baugh and Attorney Lansing use outdated, victim-blaming myths about women and sexual assault in order to justify both their actions and the actions of the defendant. They both represent parts of the legal justice system. If they are representative of the Montana judicial system, our judicial system is failing our communities.
Gender bias in the courts is unacceptable. Whether that is in Montana, where this case is occurring; in Pennsylvania where I live and where the Gerry Sandusky child sexual assaults happened; or anywhere else in the country.
In Montana NOW’s and Pennsylvania NOW’s original complaint to the Montana Judicial Standards Commission, we asked that the Court implement a mandatory educational program for the judiciary. We stated in that complaint that we want the Montana Supreme Court to:
Implement a mandatory judicial education program for the judiciary on the fair adjudication of sexual assault cases to help the Montana justice system develop techniques to minimize victim re-traumatization while safeguarding the rights of the defendant. – See more at: http://www.legalmomentum.org/national-judicial-education-program#sthash.hxAEGz8p.dpuf.
I believe that this proposed mandatory educational program should be extended to all of the participants within the legal justice system – judges, lawyers, law enforcement and anyone else within the system that could impact the treatment of victims and survivors of sexual assault. Then and only then will we start addressing this problem of victim blaming. Let’s stop it now.
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Seeking Justice for Cherise
In August 2013, Yellowstone County (Billings), Montana Judge G. Todd Baugh sentenced ex-teacher Stacey Rambold to thirty days in jail for raping one of his 14-year-old students . Baugh had followed a recommendation from Rambold’s lawyer by giving Rambold a sentence of 15 years in prison with all but 31 days suspended and a one day credit for time served. Even worse, the judge showed gender and racial bias against Cherise Morales—the 14 year old, Hispanic girl who Rambold raped. During the sentencing hearing, Baugh stated that the girl was “as much in control of the situation” as her rapist and that she was “older than her chronological age.”
Upon hearing about this incident, Joanne Tosti-Vasey, former PA NOW president and current member of the PA NOW Executive Committee contacted Montana NOW President Marian Bradley. After consulting with each other, Montana NOW and Pennsylvania NOW decided to coordinate a state and national action to push back against this egregious behavior and use of rape myths.
We focused on both the unethical behavior of Judge Baugh and on working to overturn the illegal sentence handed down on Rambold.
The Ethics Complaint Against Judge Baugh
First, we focused on a petition to sanction Judge Baugh. The first step was to help get a groundswell of people calling for the Montana Judicial Standards Commission to review and sanction Judge Baugh for his behavior. Working with We are Ultraviolet and Fitzgibbon Media we gathered over 130,000 signatures calling for the state to sanction Judge Baugh. Meanwhile we contacted Legal Momentum (a national women’s advocacy organization that houses the National Judicial Education Program on Gender Bias in the Courts) and Pennsylvania’s Women’s Law Project to assist us in crafting our complaint.
Marian Bradley, President of Montana NOW delivering the NOW complaint to the MT Judicial Standards Commission on September 24, 2013.
Using these petition signatures, we publicly delivered our complaint on September 24, 2013 against Baugh urging the Montana Judicial Standards Commission and the Montana Supreme Court to
- Remove Judge Baugh from the bench for his misconduct related to his handling of and speech about the rape case involving the sentencing of Stacey Rambold; and
- Implement a mandatory judicial education program for the judiciary on the fair adjudication of sexual assault cases to help the Montana justice system develop techniques to minimize victim re-traumatization while safeguarding the rights of the defendant.
As a result of this complaint and several others, Judge Baugh acknowledged on December 7, 2013 that he violated one of the three ethics rules we alleged he had violated. He said that he had failed to “promote public confidence in the independence, integrity,and impartiality of the judiciary,” and did not “avoid impropriety and the appearance of impropriety.” But he refused to acknowledge that he used racial and gender bias in handing down the sentence and as a result, did not uphold the law. So we submitted a response detailing the rape myths he used in creating the sentence and in not following the law with the minimum, mandatory two-year sentence.
Then Baugh, in an effort to avoid the sanctions he could see coming, announced in January that he would not be seeking reelection in 2014. A couple of weeks after this announcement, the Montana Judicial Standards Commission announced that they were sending a recommendation to the Montana Supreme Court to use their oversight powers to sanction Judge Baugh.
The Amicus Brief
Meanwhile, on December 6, 2013, the Montana Attorney General’s office filed an appeal before the Montana Supreme Court. They are asking the court to remand the case back to the Yellowstone County District Court for sentencing that would follow the state law’s mandatory minimum sentencing guidelines. They are asking for, at minimum, a four-year sentence.
NOW once again weighed in. Knowing that it is possible for advocacy groups to file “friend of the court” amicus curiae briefs, we contacted two members of our network of women’s legal advocacy organizations—The Women’s Law Project and Legal Momentum—to see if there was any interest in pursuing this amicus. They put us in contact with Legal Voice and the Sexual Violence Law Center. Both of these organizations are based in Seattle, Washington and serve women in Montana. As a result, all six organizations agreed to file an amicus.Attorney Vanessa Soriano Power and other members of the law firm Stoel Rives LLP took the lead in writing our brief and petitioning the Court to add our brief to their review of this case.
Montana’s Supreme Court rarely accepts amicus briefs, but did in this case. The amicus brief we filed focuses on rape myths and their inappropriate impact in adjudicating and sentencing in sexual-assault cases. We are asking the court to take the effect of these types of myths into account when making their decision in this case and, upon remand, to assign the case of Stacey Rambold to a new judge for appropriate and legal re-sentencing.
What’s Happening Now?
Both cases were sent to the Montana Supreme Court for review. We heard on April 25 (the 10th anniversary of the March for Women’s Lives in Washington DC that brought out over one million people) that the decisions on what type of sanctioning Judge Baugh will receive and whether or not Stacey Rambold will be re-sentenced is pending.
This morning, the Montana Supreme Court handed down their decision in the Montana v. Rambold case (copy of the opinion can be seen here). The Court listened to the arguments presented by both the Attorney General’s office and by NOW. They overturned (“vacated”) the 30-day sentence and remanded the case back to the Yellowstone County Courts for re-sentencing in line with the minimum mandatory sentencing guidelines. In addition, they have ordered the county to assign the case to another judge for Rambold’s re-sentencing.
The last two paragraphs of the opinion indicate that the Court heavily relied on our amicus in ordering the remand:
¶21 On remand for resentencing, we further instruct the court to reassign the case to a different judge to impose sentence. We have considered several factors to decide whether a new judge should be assigned to resentence a defendant in a particular case, among them; whether the original judge would reasonably be expected to have substantial difficulty in putting out of his or her mind previously-expressed views determined to be erroneous, whether reassignment is advisable to preserve the appearance of justice, and whether reassignment would entail waste and duplication out of proportion to any gain in preserving the appearance of fairness. Coleman v. Risley, 203 Mont. 237, 249, 663 P.2d 1154 (1983) 10 (citations omitted). In State v. Smith, 261 Mont. 419, 445-46, 863 P.2d 1000, 1016-17 (1993), we remanded for resentencing to a new judge when the judge’s statement at trial evidenced bias against the defendant. Even where bias did not require reassignment to a new judge, we have reassigned where media coverage and public outrage “have snowballed to create an appearance of impropriety.” Washington v. Montana Mining Properties, 243 Mont. 509, 516, 795 P.2d 460, 464 (1990).
¶22 In the present case, Judge Baugh’s statements reflected an improper basis for his decision and cast serious doubt on the appearance of justice. The idea that C.M. could have “control” of the situation is directly at odds with the law, which holds that a youth is incapable of consent and, therefore, lacks any control over the situation whatsoever. That statement also disregards the serious power disparity that exists between an adult teacher and his minor pupil. In addition, there is no basis in the law for the court’s distinction between the victim’s “chronological age” and the court’s perception of her maturity. Judge Baugh’s comments have given rise to several complaints before the Judicial Standards Commission, which has recommended disciplinary action by this Court. Those complaints will be addressed in a separate proceeding. Under these circumstances, we conclude that reassignment to a new judge is necessary to preserve the appearance of fairness and justice in this matter.
Meanwhile the sanctions against Judge Baugh are still pending. This was confirmed in this morning’s opinion announced by the Montana Supreme Court: Judge Baugh’s comments have given rise to several complaints before the Judicial Standards Commission, which has recommended disciplinary action by this Court. Those complaints will be addressed in a separate proceeding.
We feel strongly that our work on this case shows our commitment to looking out for the women, children and families of our states and our nation. This behavior by our teachers and our judiciary should not and will not be tolerated. Our vigilance will continue.
— blog written by Joanne Tosti-Vasey and Marian Bradley
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Women’s Groups File Amicus Brief in Montana v. Rambold
Stop Violence Against Women NOW
In August 2013, Judge G. Todd Baugh issued a 30-day jail term for one guilty plea by Stacey Rambold for one count of sexual intercourse without consent against a 14-year old minor. NOW, UltraViolet, and people around the world expressed outrage at this judge’s use of rape myths to minimize the assault and create a sentence that was way below the mandatory minimum for such an offense. Following the initial outrage, Montana NOW and Pennsylvania NOW filed a joint complaint with the Montana Judicial Standards Commission about Judge Baugh’s violation of the state’s judicial Rules of Conduct. Then last weekend, Montana NOW and Pennsylvania NOW responded to Judge Baugh’s refusal to acknowledge bias and prejudice in his sentencing of Rambold.
Meanwhile the Montana Attorney General’s Office (AG) filed an appeal with the Montana Supreme Court on December 6 to remand the case back to the Yellowstone County District Court for sentencing that would follow the state law’s mandatory minimum sentencing guidelines. They are asking for minimally at least a four-year sentence.
After finding out about the AG’s intent to appeal the original jail term, Montana NOW and Pennsylvania NOW looked into the possibility of filing an amicus brief to the court to support the appeal. We contacted two members of our network of women’s legal advocacy organizations—The Women’s Law Project and Legal Momentum—to see if there was any interest in pursuing this amicus. They were interested and helped put us in contact with Legal Voice and the Sexual Violence Law Center. Both of these organizations are based in Seattle, Washington and serve women in Montana. As a result, all five organizations agreed to take on this amicus; Attorney Vanessa Soriano Power and other members of the law firm Stoel Rives LLP took the lead in writing our brief. Thank you all for assisting and working with us on this brief. We couldn’t have done it without your legal expertise and caring about this miscarriage of justice.
The amicus brief we filed focuses on rape myths and their inappropriate impact in adjudicating and sentencing in sexual-assault cases. We are asking the court to take the effect of these types of myths into account when making their decision in this case and, upon remand, to assign the case to a new judge for sentencing.
We state in this brief that rape myths are a form of gender bias that destroys the integrity of the judicial process and contravenes Montana law. The three myths we focus on are:
- Blaming the Victim
- The Myth of the Nonviolent Rapist and Implied Consent
- The Lolita Effect and Power Dynamics in Sexual Assaults
After presenting the background on these myths, we then link them to what we believe happened in this case based on the statements made by Judge Baugh and his minimal sentencing of Rambold. We show that the District Court’s erroneous reliance on these rape myths pose a threat to sexual assault survivors’ confidence in the judicial system. We then request that the Supreme Court use their supervisory authority to not only remand the case back to the District Court, but also to assign a new judge for the new sentencing.
Here’s the full brief for your perusal. It was sent via overnight mail on December 12, 2013 to all parties involved in this case for delivery by noon MST today, Friday, December 13, 2013.
Montana Amici Curiae Brief final 12-12-13.pdf
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Urge Senate to Pass Military Justice Improvement Act
I received an email today from the National NOW Action Center regarding Senator Kirsten Gillibrand’s (D-NY) Military Justice Improvement Act. I pulled the text of the email and then rearranged and edited it to provide you with information about the bill and what you can do. The bill is expected to soon come up for a vote in the US Senate, possibly as soon as this coming week.
Background
The Military Justice Improvement Act (S. 967), if passed into law, would establish an independent, objective and unbiased military justice system to better respond to the epidemic of sexual assault in the U.S. military.
Military leaders have been claiming since 1992 that there will be “zero tolerance” of sexual assault, yet there were 26,000 incidents of sexual assault and unwanted sexual touching that were reported in FY 2012. It is clear that the current system of military “justice” does not work and must be changed.
Our major allies, Great Britain, Canada, Australia and Israel along with many other nations, years ago moved disposition of sexual assault crimes out of the chain of command to be handled independently by trained prosecutors. The U.S. should do the same.
Take Action
Your email message and your call – yes, please call your senators – could make the critical difference. It is likely to be a close vote and senators need to hear from the grassroots that we demand justice for survivors. It is a broken system that will remain broken unless Congress requires a fundamental reform of the process.
This link will take you to NOW’s action alert page where you can enter your zip code. The website will then list your two Senators, their address, phone number and fax number. It also gives you a formulated email. So there are five ways you can contact your Senator. I’m listing them from 1 to 5 with 1 being what I believe would have the most impact in a timely fashion:
- Call your Senators.
- Craft your own letter and fax it to both Senators
- Use the formulated email, personalize it on the website and submit it; It will be forwarded to both of your Senator’s in-boxes. Your email will have more clout if you personalize it with your own words.
- Just fill out the email address info and submit without making any changes to the email letter.
- Craft your own letter and mail it through the US Postal Service. Although this has a lot of clout, it is very slow due to the high level of mail security used for Congress. So it may or may not get there in time for your Senators and their staff to read before the vote.
Following each Senator’s name is their DC phone number in case you want to call without going to the NOW website. When you do call, be sure to give the person answering the phone your name, address, and that you want your Senator to vote yes on S. 967, the Military Justice Improvement Act. Then tell them why you support this bill.
Who’s on Board, Leaning, or Unknown
According to NOW the following are the Senators who have already signed on and/or are the most likely to vote for the bill. If your Senator(s) are not listed here, they may be are harder sell for a “yes” vote, but it’s still worth a try. The Senators listed below still need to hear from you so that they stay on the right side (“YES”) of the vote on S. 769. Some are sponsors, some are leaning yes, and the rest on this list are unknown (sitting on the fence), but could be persuaded if they hear from constituents.
Before most of the names, you will see either a + (plus sign), an * (asterisk), or a # (pound sign). These are keys to how they voted on S.967 in committee and on their votes on the 2013 Violence Against Women Act (VAWA). A plus sign means they are members of the Senate Armed Services Committee and they voted for S.967 when it was in committee. An asterisk means that they both sponsored and voted for the 2013 version of VAWA. A pound sign means they didn’t sponsor, but did vote for the 2013 version of VAWA.
And here’s the target list.
Primary Targets
Note: All phone numbers are in Area Code 202. The letters and numbers immediately after the state identification but before the phone numbers refers to their office address (building and room number) in DC:
- SD =Dirksen Senate Office Building Washington DC 20510;
- SH = Hart Senate Office Building Washington DC 20510; and
- SR = Russell Senate Office Building Washington DC 20510.
Most likely Yes on Sponsorship/Support: (33)
- #ALEXANDER, Lamar (R-TN) SD-455 224-4944
- BARRASSO, John (R-WY) SD-307 224-6441
- BAUCUS, Max (D-MT) SH-511 224-2651
- BOOZMAN, John (R-AR) SH-320 224-4843
- BROWN, Sherrod (D-OH) SH-713 224-2315
- #BURR, Richard (R-NC) SR-217 224-3154
- CHIESA, Jeff (R-NJ) SR-C1 224-3224
- #COATS, Daniel (R-IN) SR-493 224-5623
- COBURN, Tom (R-OK) SR-172 224-5754
- CORNYN, John (R-TX) SH-517 224-2934
- *CRAPO, Mike (R-ID) SD-239 224-6142
- DURBIN, Richard J. (D-IL) SH-711 224-2152
- ENZI, Michael B. (R-WY) SR-379A 224-3424
- HATCH, Orrin G. (R-UT) SH-104 224-5251
- *HELLER, Dean (R-NV) SH-324 224-6244
- #ISAKSON, Johnny (R-GA) SR-131 224-3643
- JOHNSON, Ron (R-WI) SH-328 224-5323
- LANDRIEU, Mary L. (D-LA) SH-703 224-5824
- LEE, Mike (R-UT) SH-316 224-5444
- McCONNELL, Mitch (R-KY) SR-317 224-2541
- *MORAN, Jerry (R-KS) SR-361A 224-6521
- MURRAY, Patty (D-WA) SR-154 224-2621
- MURPHY, Christopher (D-CT) SH-303 224-4041
- #PORTMAN, Rob (R-OH) SR-448 4-3353
- REID, Harry (D-NV) SH-522 224-3542
- RISCH, James E. (R-ID) SR-48 3 224-2752
- ROBERTS, Pat (R-KS) SH-109 224-4774 –s
- RUBIO, Marco (R-FL) SR-284 224-3041
- #SHELBY, Richard C. (R-AL) SR-304 224-5744
- TESTER, Jon (D-MT) SH-706 224-2644
- #TOOMEY, Patrick J. (R-PA) SR-248 224-4254
- WARNER, Mark R. (D-VA) SR-475 224-2023
- WHITEHOUSE, Sheldon (D-RI) SH-530 224-2921
Voted for Gillibrand in Armed Services Committee (3)
- +DONNELLY, Joe (D-IN) SH-720 224-4814
- +HAGAN, Kay R. (D-NC) SD-521 224-6342
- +UDALL, Mark (D-CO) SH-730 224-5941
Secondary Targets: Armed Services committee members who voted NO on S.967 in committee but could/should change their mind and support (3)
- KAINE, Tim (D-VA) SR-388 224-4024
- KING, Jr., Angus S. (I-ME) SD-359 224-5344
- MANCHIN III, Joe (D-WV) SH-306 224-3954
Additional Targets for Support
Democrats not on the bill who voted for VAWA (note: All Dems voted for 2013 VAWA) (6)
- KLOBUCHAR, Amy (D-MN) SH-302 224-3244
- LEVIN, Carl (D-MI) SR-269 224-6221
- McCASKILL, Claire (D-MO) SH-506 224-6154
- NELSON, Bill (D-FL) SH-716 224-5274
- REED, Jack (D-RI) SH-728 224-4642
- STABENOW, Debbie (D-MI) SH-133 224-4822
Republicans who sponsored and/or voter for VAWA 2013 (9):
- *AYOTTE, Kelly (R-NH) SR-144 224-3324
- #CHAMBLISS, Saxby (R-GA) SR-416 224-3521
- #COCHRAN, Thad (R-MS) SD-113 224-5054
- #CORKER, Bob (R-TN) SD-425 224-3344
- #FISCHER, Deb (R-NE) SR-383 224-6551
- #FLAKE, Jeff (R-AZ) SR-368 22 4-4521
- #HOEVEN, John (R-ND) SR-338 224-2551
- #McCAIN, John (R-AZ) SR-241 224-2235
- #WICKER, Roger F. (R-MS) SD-555 224-6253
Unknown (6)
- BLUNT, Roy (R-MO) SR-260 224-5721
- GRAHAM, Lindsey (R-SC) SR-290 224-5972
- INHOFE, James M. (R-OK) SR-205 224-4721
- SCOTT, Tim (R-SC) SR-167 224-6121
- SESSIONS, Jeff (R-AL) SR-326 224-4124
- THUNE, John (R-SD) SD-511 224-2321
Good luck with your calls, faxes, letters, and emails. If you hear something concrete from your Senators as to how they might vote, please come back and let us know in the comment section of this blog. Thanks!
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When Men Murder Women: The Violence Policy Center 2013 Report
Joanne Tosti-Vasey “Refusing to be Silent” and calling for an end to gender-based violence
The following is a guest blog originally published here by Jerin Arifa, with an acknowledgement to Patricia Reuss for staying on top of this issue and sending the report to us.
Jerin serves with me on the board of directors for the National Organization for Women (NOW) and chairs NOW’s Young Feminist Task Force.
Patricia is the “godmother” of the Violence Against Women Act (VAWA), having worked very closely with now Vice-President Joe Biden when he authored the original VAWA back in 1994. She describes herself as “a longtime women’s rights activist pretending to be retired and currently serving as a policy adviser to NOW and the National Task Force [to End Sexual and Domestic Violence Against Women].”
Earlier this year, Pat wrote a guest blog for me on the Violence Against Women Act. It focused on a watered-down version of VAWA introduced by Republican legislators that fortunately failed and was replaced by a strong re-authorization bill signed into law by President Obama on Women’s Equality Day last March. Thank you Pat for all you do for women’s lives.
Here’s Jerin’s guest blog:
The Violence Policy Center has released their annual report, When Men Murder Women, in advance of Domestic Violence Awareness Month. The study reports the statistics for females murdered by males, and includes a list of the top ten states with the highest homicide rates.
Some key findings:
- For homicides in which the victim to offender relationship could be identified, 94 percent of female victims were murdered by someone they knew. Compared to a man, a woman is far more likely to be killed by her spouse, an intimate acquaintance, or a family member than by a stranger.
- For homicides in which the weapon used could be identified, 51 percent of female victims were shot and killed with guns. Of these, 73 percent were killed with handguns.
- The number of females shot and killed by their husband or intimate acquaintance was more than five times higher than the total number murdered by male strangers using all weapons combined in single victim/single offender incidents
- For homicides in which the circumstances could be identified, 87 percent were not related to the commission of any other felony, such as rape or robbery.
- Of these, 60 percent involved arguments between the victim and the offender.
- For homicides in which the age of the victim was reported, 8 percent were less than 18 years old and 10 percent were 65 years of age or older. The average age was 39 years old.
- Owning a gun doesn’t protect women. Females living with a gun in the home were nearly three times more likely to be murdered than females with no gun in the home.
- A gun in the home is a key factor in the escalation of nonfatal spousal abuse to homicide. In one study, firearm-associated family and intimate assaults were 12 times more likely to result in death than non-firearm associated assaults between family and intimates.
- Women who were murdered were more likely, not less likely, to have purchased a handgun in the three years prior to their deaths, again invalidating the idea that a handgun has a protective effect against homicide.
- While firearms are at times used by private citizens to kill criminals, the Centers for Disease Control and Prevention reports that the most common scenarios of lethal gun use in America in 2010, the most recent final data available, are suicide (19,392), homicide (11,078), or fatal unintentional injury (606).
- South Carolina was followed by Alaska and Oklahoma as the states with the highest homicide rates for women.
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Montana’s Judge Baugh Must Go!
Are you upset about Billings (Yellowstone County), Montana Judge G. Todd Baugh’s alleged misuse of his judicial powers in a rape case in Billings, Montana? Here’s something you can do about it.
A petition has been started on the Ultraviolet website regarding Judge G. Todd Baugh. In part, it says,
Earlier this week, Montana Judge G. Todd Baugh gave a teacher who raped his 14-year-old student a 30-day jail sentence. Even worse, the judge said the girl was “as much in control of the situation” as her rapist and that she was “older than her chronological age.” THIS is rape culture at its worst.
And here’s an additional piece of information: this young girl committed suicide in 2010 after the 2007 series of rapes perpetrated by Stacey Rambold.
There are several petitions out on this issue. One goes directly to Judge Baugh. A second one goes to the Montana Secretary of State. This one goes to the Montana Supreme Court and the Montana Judicial Standards Commission.
The one going to the Department of State is inappropriately targeted. Oversight for the judicial system in not held within the Department of State. That’s because of our constitutional requirement that we keep separate the duties and responsibilities of the executive and judicial branches of government.
These two judicial-branch entities in Montana have oversight on judicial affairs and the conduct of the judiciary. So this site is the CORRECT place to go if you want to sign a petition calling on the removal of MT’s Judge Baugh.
Once again, you want to let Montana know that Judge Baugh must go, click here to sign. Thanks!
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DOMA and LGBTQ Rights in PA
I just finished reading an article in PhillyNOW, a weekly blog that touts itself as an alternative to the mainstream press in Philadelphia to “bring you news and politics with an attitude, whether you like it or not.” This article, in light of yesterday’s Supreme Court decision in UNITED STATES v. WINDSOR overturning the definition of marriage as described in Section 3 of the Defense of Marriage Act (DOMA), calls on the Democratic Party at both the state and national levels to “stand up on LGBT rights.”
I would go even further. Not only should Democrats step forward, but Republicans need to step of to the plate of equal access as well.
It doesn’t matter what party you belong to.
The Declaration of Independence says,
We hold these truths to be self-evident, that all men [sic] are created equal, that they are endowed … with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
The 5th amendment to the Constitution, in part says,
“No person…shall be deprived of life, liberty, or property, without due process of law…”
(FYI, It was this constitutional “due process” amendment that was used to overturn DOMA in yesterday’s majority opinion).
That means equality for all. Including in marriage and an end to hate and discrimination for all, gay or straight.
Our laws need to be changed here in Pennsylvania to live up to the Declaration of Independence and our Constitutional right to democracy and freedom for all. That includes, but are not limited to:
- revoking Pennsylvania’s DOMA law;
- passing marriage equality;
- adding sexual orientation and gender identity, as well as gender, disability, and ancestry (click here and here for current bills) back into PA’s hate crimes law;
- adding sexual orientation and gender identity (bill not yet introduced into the PA General Assembly) into PA’s Human Relations Act;
- passing the proposed the Pennsylvania Safe Schools (PASS) Act that focuses on bullying and harassment in public schools; and
- changing state inheritance tax laws to give the same exemptions to the tax that heterosexual couples have (as far as I can tell, there is no pending legislation in the PA General Assembly to do this).
Let’s do it sooner rather than later. Let’s come together.
Civil Rights Advocacy 