Judges Rules “Stop-and-Frisk” Unconstitutional

A federal judge ruled on Monday that the New York Police Department’s use of “Stop-and-Frisk” tactics was unconstitutional.

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via j-no on flickr

U.S. District Judge Shira Scheindlin found that the NYPD engaged in “indirect racial profiling,” primarily stopping men of color and searching for weapons or drugs without sufficient justification. Though the Supreme Court has upheld the right of law enforcement to stop those who are behaving suspiciously, the judge found that the high rate of stops that did not lead to arrest showed that the NYPD had overstepped their authority. In her opinion Scheindlin wrote, “No one should live in fear of being stopped whenever he leaves his home to go about the activities of daily life.”

Despite her ruling, Scheindlin did not eliminate stop-and-frisks. Instead, Scheindlin appointed an outside lawyer,Peter Zimroth, to oversee the police department’s compliance with the Constitution as well as other changes to the policy.

In January 2013, Scheindlin ordered a temporary injunction against the stop-and-frisk policy while the case was pending.

Media Resources: CBS/AP 8/12/13; New York Times 8/12/2013; REuters 8/12/2013; Feminist Newswire 1/5/2013

Immigration Reform Activists, the “Dream 9,” Released from Federal Custody

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Photo by lcars via flickr

“Dream 9” activists were released from Arizona’s Eloy Detention Center Wednesday.

The “Dream 9” are an immigration reform group of activists who were brought to the United States as young children and therefore do not currently have legal status. In order to challenge current immigration policies the Dream 9 entered Mexico to see distant family and friends, then publically announced that they would attempt to re-enter the United States. After holding a protest at the Nogales point of entry in Arizona and trying to enter the United States, they were arrested and held in federal custody, sometimes in solitary confinement for two weeks. The group was released from the detention facility late Wednesday.

They can now return to their American homes while they wait to hear from an immigration judge who will decide if they will be granted political asylum.

Liz Mateo, a member of the Dream 9, stated “I want the government to recognize that there is a group of people, Dreamers, who grew up in this country and belong here because these are their homes. They shouldn’t have to go through what we went through. They should come home.”

Media Resources: Global Post, 8/8/2013; The Guardian, 8/7/2013; LA Times, 8/7/2013

Honor Killing Leaves Unease About Future of Afghan Women’s Rights

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Photo by The Advocacy Project via flickr

A Mullah has issued fatwa, or religious edict, for the execution of a woman named Halima who has been in hiding since April. Abdul Ghafoor ordered her father to shoot Halima in front of the villagers. According to Tolo News, Halima was accused of her illicit relationship with a man in Kokchail Village of Badghis province. Ghafoor handed over a gun to Halima’s father and asked him to kill his 20-year old daughter in front of the public.

Ahmadullah ALizai, Badghiz Governor, criticized this case and said “This is cruelty and we are trying to arrest those who set-up their own courts and kill women. We have to implement stringent laws on them.”

After arresting the religious leader, the local police called Halima’s case an anti-Islamic act as well as against human rights principles. The Badghis police chief, Sharafuddin Sharaf, told reporters, The fatwa was an illegal act. Even if that woman was guilty, she should have been tried based on Afghan Islamic law and its justice system. It was an unjust act because it was an extra-judicial trial conducted without the presence of any eye-witnesses. Halima was a mother of two children who was accused of running away with her male cousin for 10 days while her husband was in Iran. Local police said that Halima’s father and the cousin are on the run.

In 2009, President Karzai issued and executive decree to reduce gender-based violence called Elimination of Violence against Women (EVAW) in 2009. However, conservative Afghan lawmakers objected to a version proposed in Parliament saying the law was un-Islamic. EVAW has not been passed. EVAW included criminalizes rape, child marriage, forced marriage, and other violations of women’s rights. Now many activists and member of the public are concerned about the future of women’s rights and gender-based violence after the anticipated departure of international forces and U.S. troops in 2014.

Media Resources: Radio Free Europe/Radio Liberty 7/31/2013; TOLO News 7/30/2013; Feminist Newswire 5/20/2013

Georgia Governor Bypasses Legislature to Pass Restrictive Abortion Ban

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Photo by David Grant via flickr

Georgia Governor and anti-choice advocate, Nathanial Deal (R), has found a way to circumvent state legislators in order to pass an abortion insurance coverage ban for state employees. The Department of Community Health voted 5 to 3 (with one abstaining vote) on Thursday to pass the statewide ban for all 672,000 state health insurance plan members and dependents. The new policy bans abortion in all cases except for when the life of the mother is in jeopardy. Georgia is the eight state to pass such legislation.

Governor Deal, pleased with his bypass of the state’s legislative branch, stated the Community Health Board’s decision “shows our state’s commitment to reducing the number of abortions in our state by ensuring that state taxpayers aren’t paying for a procedure that many find morally objectionable.”

Some state lawmakers feel differently about the decision. State Representative Pat Gardner (D-Atlanta)told reporters, “I’m furious. And I think every woman and enlightened gentleman in Georgia should be infuriated. This is a decision for a family and their doctor, not for a governor to make.”

If the ban is not challenged it will take effect in January of 2014.

Media Resources: Associated Press 8/8/2013; Atlanta Journal-Constitution 8/8/13; Opposing Views 8/8/13

Two British Women Attacked with Acid While in Zanzibar

shutterstock_113391997Two British women who were teaching working for a local charity were attacked while walking to dinner in Zanzibar City, Zanzibar on Wednesday night.

The women, Kristie Trump and Katie Gee, were in their final week volunteering for Art in Tanzania, when two men approached them on a moped and threw acid at them. Both women are 18 years old and from London.

Zanzibar is a popular destination for international tourists, but the police say that this was the first time this kind of attack has targeted tourists. The police have stated that this attack was an “isolated incident”. The motive behind the attack is unclear, and no organization has taken responsibility. Police did not connect the attack with the tension between Muslims and Christians in the country.

The doctor who was part of their care at the hospitalstated, “They have burns on their hands from wiping the liquid off. They have minor injuries on their chests and their necks. Considering it could have been very bad, what they have is quite mild.”

Media Resources: BBC 8/8/2013; The Guardian 8/8/2013; Reuters 8/8/2013; Telegraph 8/8/2013

Conservative Stacked Board of Medicine Proposes “Telemedicine” Abortion Ban

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Photo by J. Stephen Conn via flickr

On Tuesday the Iowa Board of Medicine proposed rules to ban the procedure known as ‘telemedicine abortion’, a medical practice that Planned Parenthood of the Heartlands has had in place since 2008. The Board’s decision was split 4 to 4, effectively allowing the motion to proceed.

Proponents of the telemedicine system state that it has been of great success: out of over 3,000 telemedicine abortions done since 2008 not a single complaint has been recorded. Telemedicine also provides abortion access to women in rural areas during their first trimester who may not have access to abortion facilities. Those who oppose the procedure state that doctors need to be present in case any side effects such as excessive bleeding were to occur.

The last time this policy of practice was reviewed by the Iowa Board of Medicine was in 2010, when the procedure was deemed safe and effective. Since that time the governor of Iowa, Terry Branstad, has replaced all 10 members of the Board, even going as far to appoint a Catholic priest. Dr. Robert Shaw, chairman of Planned Parenthood of the Heartlands spoke on the board’s decision, claiming it “a terrifying example of politics dictating health care.” A public hearing regarding Iowa’s telemedicine abortion system will be held on August the 28th.

Media Resources: DeMoines Register 8/7/13; Think Progress 8/7/13; Radio Iowa 8/6/13

Conservative Commentator Calls Wendy Davis “Abortion Barbie”

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Photo by Alan Kotok via flickr

Conservative blogger and Fox commentator, Erick Ericson tweeted a message comparing Texas state Senator Wendy Davis to a Barbie Doll on Tuesday afternoon about choice advocate Wendy Davis. Ericson attempts to undermine an interview by Davis, stating “It is a bit embarrassing that Abortion Barbie doesn’t even have her facts straight on Kermit Gosnell considering abortion is her issue.”

Ericson is referring to an interview in which Senator Davis refused to answer a question by the Weekly Standard comparing abortions after 23 weeks to the recent case of Kermit Gosnell, and incorrectly stated that Gosnell’s clinic was an ambulatory surgical center. Senator Davis was referring to the fact that Gosnell’s crimes were not related to his clinic, and there is a separate issue not comparable to the new requirement that all Texas abortion clinics obtain ambulatory surgical center licenses.

Ericson has a long history of anti-woman rhetoric. While working as a CNN correspondent in 2012 he favored the idea of banning women from the Master’s Golf Tournament stating, “I don’t want to hang out at some women’s event!” The same year he referred to the all female speakers panel at the Democratic National Convention as “The Vagina Monologues”. This May Ericson stated in his blog and on air that the increasing trend of women as familial bread winners is “hurting our children, and its going to have an impact for generations to come.”

Media Resources: Salon 8/6/2013; Media Matters 8/6/2013; Think Progress 8/6/2013, 7/12/2013

Obama Criticizes Russia’s Anti-LGBT Position

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Photo by CSIS PONI via flickr

On Tuesday, President Obama vocalized concern over Russia’s anti-LGBT government policies on The Tonight Show with Jay Leno.

When asked about the President’s position on LGBT discrimination in Russia, Obama argued to Leno, “I’ve been very clear that when it comes to universal rights, when it comes to people’s basic freedoms, that whether you are discriminating on the basis of race, religion, gender or sexual orientation, you are violating the basic morality that I think should transcend every country. And I have no patience for countries that try to treat gays or lesbians or transgender persons in ways that intimidate them or are harmful to them.”

Russia passed a law banning homosexual propaganda recently that could impact the Olympic in 2014. TheInternational Olympic Committee has stated that LGBT athletes and visitors of the 2014 Winter Olympics will not be penalized under extreme anti-gay legislation passed in Russia last month. However, it is not clear how much the Russian government will comply, but Obama said he believes that Putin and Russia have a big stake in making sure the Olympics work. He continued, “One of the things I think is very important for me to speak out on is making sure that people are treated fairly and justly because that is what we stand for, and I believe that that is precept that’s not unique of America. That’s just something that should apply everywhere.”

Media Resources: ThinkProgress 8/7/2013; USA Today 8/7/2013; Associated Press 8/6/2013; Feminist Newswire 7/29/2013

14-Year-Old Victim Blamed in Court for Sexual Assault While in Juvenile Detention

 

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Terrebonne Parish, Louisiana is arguing that a 14 year old girl in juvenile detention shares responsibility for her sexual assault by a 40 year old prison guard.

Angelo Vickers, a former Terrebonne Parish Detention Center guard, is currently serving a 7 year sentence for child molestation, for which he plead guilty to in 2009. The victim, known as Mary Doe and now 20, sued both her attacker and the parish, claiming that prison officials more should have done to protect her.

Despite the fact that the age of consent in Louisiana is 17, it appears that lawyers for the Parish are arguing that the 14-year-old did indeed consent to the rapes. According to the Parish Times, the court papers say,“Vickers could not have engaged in sexual relations within the walls of the detention center with [the victim] without cooperation from her. Vickers did not use force, violence or intimidation when engaging in sexual relations.”

A nationally recognized sex crime victim advocate and law professor, Marci Hamilton, was one of many who found the defense’s argument to be objectionable. She said, “The defense has no basis in law. She is a victim of statutory rape. The age of consent in Louisiana is 17. The defense is also offensive to sex assault victims everywhere.”

Media Resources: ThinkProgress, 8/7/2013; Opposing Views, 8/6/2013; Tri-Parish Times, 8/6/2013; Jezebel, 8/5/2013

Man Who Planned to Murder Planned Parenthood Doctor Sentenced to 10 Years

 

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A man convicted of attempted murder against an abortion provider in Wisconsin has been sentenced to 10 years behind bars and 10 years extended supervision.

Ralph Lang was arrested in his hotel room for plotting to kill doctors and medical personnel at a Madison, Wisconsin Planned Parenthood clinic in 2011. Hotel staff notified the police after Lang expressed his concern that someone might have been injured after he accidentally fired his gun in his room. When questioned about the gun, Lang indicated that he had traveled over 100 miles to Wisconsin in order to shoot the abortion doctor at the local Planned Parenthood “right in the head” and told police officers who arrived on the scene that he intended “to lay out abortionists because they are killing babies.” Investigators discovered anti-abortion documents, 35 bullets, and a 38-caliber handgun in Lang’s hotel room.

Though the prison sentence will be reduced due to the time spent in jail since his arrest, once he is released Lang will be forced to stay a mile away from any abortion or reproductive health facility as well as within 50 miles of the town of Marshfield, Wisconsin. Lang could also face federal charges for using a fire arm to interfere with others using a federally-funded program and using a firearm in a crime of violence that were previously dropped. It is unclear at this time if the Department of Justice will reinstate the charges.

Dane County Judge Nicholas McNamara handed down the sentence. “Your religious certainty is so superior you thought you have the right to kill your intended victims,” he told Lang at the sentencing. “Instead, you’ve lost the right to be among us.”

Media Resources: RH Reality Check 8/2/2013; Wausau Daily Herald 8/2/2013; Wisconsin State Journal 8/2/2013; Feminist Newswire 5/27/2013

Restrictive Abortion Law Temporarily Blocked in Wisconsin

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Photo by Teemu008 via flickr

A Wisconsin law that would require abortion clinic doctors to have admitting privileges to a hospital within 30 miles the clinic was blocked by a state judge Friday.

Judge William Conley extended a preliminary injunction indefinitely, following a lawsuit by Planned Parenthood and Affiliated Medical Services, who claimed that if enforced, abortion access would be restricted to the cities in Madison and Milwaukee. The law would have shut down two of the states four abortion clinics.

Conley has temporarily blocked this law three times previously. His 44-page ruling will put the law on hold indefinitely until it is decided whether or not the law is constitutional. The trial on the law scheduled to begin November 25th, 2013.

Conley wrote in his ruling, “Even if there were some evidence that the admitting privileges requirement would actually further women’s health, any benefit is greatly outweighed by the burdens caused by increased travel, decreased access and, at least for some women, the denial of an in-state option for abortion services.”

This law is similar to other restrictive anti-abortion legislature in other states that have been making headlines in recent months. “In Wisconsin, Texas, North Carolina and elsewhere we are seeing an unprecedented wave of attacks on women’s health, and people are fed up with it,” said Cecile Richards, President of Planned Parenthood’s Federation of America, following Conley’s opinion.

A similar restrictive abortion access law in North Dakota was blocked by a state judge last week.

Media Resources: Rueters, 8/2/2013; LA Times, 8/3/2013: JS Online, 8/2/2013; Feminist Newswire, 8/1/2013

Federal Bill Introduced to Protect LGBT Youth at Homeless Shelters

shutterstock_15153841Representatives Mark Pocan (D-WI) and Gwen Moore (D-WI) have introduced legislation in Congress to protect homeless LGBT youth from discrimination. The bill seeks to include LGBT protections within the Reconnecting Homeless Youth Act, which is up for reauthorization this year. Pocan, one of the only openly gay members of the House of Representatives, spoke to the legislation’s necessity stating, “young people in the LGBT community are disproportionately at risk for homelessness, often as a result of the rejection, discrimination, or violence they face simply for being themselves.”

If reauthorized with the LGBT protective legislation, the Reconnecting Homeless Youth Act would ban discrimination against LGBT youths by homeless shelters that receive federal funding. In addition, the new bill would require all shelters receiving federal grants to acquire cultural competency skills in dealing with LGBT youth, as well as require the U.S. Department of Health and Human Services to further the research on LGBT youth homelessness by collecting an increased amount of data.

LGBT youth are more than twice as likely to experience homelessness. According to the Williams Institute,LGBT youths account of 40% of the homeless youth population.

Media Resources: Medical Daily 8/4/2013; Washington Blade 8/1/2013; New Yorker 11/7/2012

Florida House Will Review “Stand Your Ground” Law

shutterstock_98585081The Florida state House of Representatives will hold hearings in the fall to review the controversial “Stand Your Ground” law, according to House Speaker Will Weatherford.

Weatherford (R-Wesley Chapel) revealed in an opinion column published in the Tampa Tribune that he asked the chair of the House Criminal Justice Subcommittee, Matt Gaetz (R-Fort Walton Beach), to hold a hearing on the law when the House reconvenes in the fall. In the column, he wrote that “across Florida, representatives are receiving calls, letters, visits and emails from constituents with diverse opinions on ‘Stand Your Ground.’ Passions are high, but every person has the right to express their views on this matter of great importance.” He continued, “Our evaluation of its effectiveness should be guided by objective information, not by political expediency. Does the law keep the innocent safer? Is it being applied fairly? Are there ways we can make this law clearer and more understandable?”

Gaetz made it clear he supported the law in its current state and didn’t expect any changes to be made. “I don’t intend to move one damn comma on the ‘stand your ground’ law,” he said. “I’m fully supportive of the law as it’s written. I think any aberrational circumstances that have resulted are due to errors at the trial court level.” Nonetheless, many are citing this as a small victory.

A group of protesters, the Dream Defenders, have been outside the House non-stop for the past two weeks urging Governor Rick Scott (R) to call a special legislative session on the law. Phillip Agnew, executive director of the Dream Defenders, told reporters, “[The hearing is] a critical step. We’re excited about having an open debate.” But the decision to have a hearing is not going to satisfy the demands of the Dream Defenders, who also want broad re-evaluation of the racial profiling and discipline policies in schools.

Ciara Taylor, Political Director for the Dream Defenders, told reporters, “Ultimately you’re still ignoring the root of the issue, at least in terms of the Zimmerman verdict, and that is the criminalization of our youth, the way that young people are looked at in Florida, black, white and brown, and that’s due to the school-to-prison pipeline and racial profiling that’s perpetuated throughout law enforcement.”

Media Resources: MSNBC 8/3/2013; CBS 8/2/2013; Reuters 8/2/2013

Senate Confirms Samantha Power as UN Ambassador

In its final vote before adjourning for August recess, the Senate confirmed Samantha Power as the United States’ ambassador to the United Nations.

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Photo by Steve Rhodes via flickr

Following the 87-10 vote, Power will replace Susan Rice as ambassador to the UN two months after President Barack Obama appointed her to the post. Her confirmation rounded out a set of Senate confirmations Republicans agreed upon as part a truce agreement with Democrats, who in turn dropped their threat of “forcing Senate rules changes that would have made it harder for the chamber’s minority parties to block some nominations.”

Power is especially known for her particularly strong stance on human rights issues, from leveling harsh critique on the U.S. for its response to the Rwandan Genocide and Syrian civil war. Her comments criticizing the civil rights violations in Venezuela also led to the country’s refusal to return to normal relations with the U.S.

Senator Marco Rubio (R-FL) has expressed heavy doubts about Power’s suitability as ambassador to the UN, saying that the UN must be “more accountable, that it is more effective and that it is just not some multilateral ideal in which we invest all of our hopes.” However, Committee Chairman for Senate Foreign Relations Committee Robert Menendez (D-NJ) applauded Power. He called her a “a tireless defender of human rights” and commenting that “She has seen the tragedy of human suffering from the front lines, first hand.” Menendez also concluded “Certainly no one can question her willingness to speak her mind.”

After being confirmed, the White House released a press statement congratulating Power on her confirmation. “I’m grateful that Samantha will continue to be a vital member of my national security team, and I know that under her leadership our U.N. Mission in New York will continue to represent American diplomacy at its best.”

Media Resources: ABC News 8/1/2013; White House 8/1/2013; Associated Press 7/31/2013

Leading Reproductive Rights Organizations Join Together for “31 Days of Unity”

Content for this post provided by the Center for Reproductive Rights and DrawTheLine.org.

The Center for Reproductive Rights announced today the launch of a new month-long initiative called “31 Days of Unity,” a collaborative effort among leading reproductive rights and justice organizations to take a unified stand against the barrage of attacks on women’s reproductive rights across the U.S.

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The initiative brings together key organizations including A is For, Advocates for Youth, Feminist Majority Foundation, Physicians for Reproductive Health, The National Asian Pacific American Women’s Forum, The National Council of Jewish Women, The National Latina Institute for Reproductive Health, The National Women’s Law Center, and The Reproductive Health Technologies Project.

Throughout all 31 days of August, each organization will call on supporters to take a variety of simple actions—from contacting federal representatives to tweeting messages of support to sharing images and videos as a way to demonstrate that the majority of Americans support equal access to essential reproductive health care for all women across the U.S.

“31 Days of Unity” is supported by the Center’s Draw the Line campaign, which launched in October 2012 and spurred a wave of activism that has amassed nearly 250,000 signatures on a Bill of Reproductive Rights. Throughout the “31 Days of Unity” initiative, calls to action from each participating organization will be featured on DrawTheLine.org.

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“Attacks on women’s access to abortion and essential reproductive health care have spun so far out of control that the lives, rights and future of millions of women in the U.S. hangs in the balance,” said Nancy Northup, president and CEO of the Center for Reproductive Rights. “For the next 31 days, reproductive rights, health and justice groups across the nation are coming together to call on Congress to stop the attacks on equal access to safe, legal, affordable reproductive health care—for every woman.”

Responding directly to the recent wave of extreme attacks on reproductive health care in states like Texas, North Carolina, North Dakota, Kansas, and Mississippi, “31 Days of Unity” sheds light on the very real need for elected officials to take affirmative action to ensure reproductive rights are treated as fundamental human rights.

To join the conversation online, supporters can use the hashtags #31DaysofUnity, #CallingOnCongress, and #DrawTheLine.

Virginia Couples Fight Same-Sex Marriage Ban

Two Virginia couples filled a federal class action lawsuit Thursday against the commonwealth’s same-sex marriage ban. The case will be litigated by the American Civil Liberties Union and Lambda Legal, who will argue that Virginia’s 2006 constitutional amendment banning same-sex marriage is federally unconstitutional.

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Photo by Taber Andrew Bain via flickr

The Virginia ban is considered one of the most stringent in the country, outlawing not only marriage, but civil unions, partnership contracts, and other provisions that seek to give legal rights to partners. Virginia also does not recognize marriages and or civil unions from states where it is legal. This is the second case to be filed since the Supreme Court ruled on the Defense of Marriage Act (DOMA) in June.

Christy Berghoff and Victoria Kidd of Winchester and Jessica Duff and Joanne Harris of Staunton are the complainants in the case. Both couples have a young child. “I’m an Air Force veteran, and if Virginia would just respect our marriage from D.C., it would ensure that my spouse and family could access all the benefits I’ve earned,” said Berghoff, a U.S. Justice Department employee.

According to Carl Tobias, a law professor at the University of Richmond, the case will likely be heard by one of two sitting district judges in Roanoke and he thinks there is a chance for success. “I think a district judge in Virginia could read the language of the DOMA case in a way that would lead to the invalidation of the Virginia ban,” he said.

Media Resources: Christian Science Monitor 8/1/2013; Virginian Pilot 8/1/2013; Washington Blade 8/1/2013; Washington Post 8/1/2013

Yale Fails Again to Handle Sexual Assault On Campus

Yale University released its annual “Report of Complaints of Sexual Misconduct” on Tuesday, revealing that all students recently accused of sexual assault continue at the school.

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Photo by John via flickr

The sixteen page report begins with an introduction from the University’s Title IX Coordinator and then provides brief details on new cases brought to the University’s attention within the last semester, as well updates on cases from previous reporting periods. This report follows a 2011 investigation by the U.S. Department of Education into Yale’s sexual violence procedures and policies. As a part of the resolution, Yale was fined $155,000 and must comply with all regulations given by the Office for Civil Rights.

In the “Updates to cases perviously reported” section, six cases (involving seven perpetrators) included “nonconsensual sex” or “nonconsensual acts.” Of these seven men, four were given a “written reprimand,” one was placed on probation, one received a two-semester suspension and probation, and one was not disciplined because the victim declined to cooperate. In many instances, the perpetrators were encouraged to seek counseling, and in all cases were “restricted from contacting the complainant.” All seven were allowed to finish their degrees, five without any disciplinary interruption to their student life.

The newly reported informal complaint section contained two instances of nonconsensual sex or acts; in each case, the “Chair of the UWC and a Yale College administrator counseled the respondent on appropriate conduct.” These two students will also continue at the school without interruption.

Student Alexandra Brodsky has spoken out against the lack of change she has seen in her school’s treatment of sexual assault, criticizing Yale’s “administrative tolerance for rape.” She told reporters “It’s so, so frustrating to have reported to the school, been let down by the school, brought it to the federal government and then get let down by the federal government.” Hannah Slater, a Yale graduate student who helped start the Sexual Literacy Forum, said “It’s really irresponsible [for Yale] to let known perpetrators of rape stay on campus alongside the survivor and alongside other students who could potentially be victimized in the future.” Slater told the Huffington Post, “Most [victims of sexual assault] don’t use the Yale complaint system because they don’t trust that their needs will be served, and this report proves them tragically right.”

Media Resources: Sources: Huffington Post 8/1/13; Jezebel 8/1/2013; Yale University 7/31/13;

Judge Rules Church Can Protect Funds From Abuse Settlements

Federal Judge Rudolph T. Randa issued a ruling this Wednesday that the Archdiocese of Milwaukee can legally prevent $57 million from going to settlements in the church’s ongoing sexual abuse scandals by transferring the funds into a trust fund designed for the upkeep and maintenance of Milwaukee Catholic cemeteries. The Archdiocese of Milwaukee had filed for bankruptcy largely in part due to the hefty amount the church owes in sexual abuse settlements, and the case was trying to determine if the $57 million can be included in the Church’s assets.

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via Leonardo on flickr

The decision was made based on legal requirements outlined by the Religious Freedom Restoration Act (RFRA) that state the government may not put a “substantial burden” on religious entities. However, the RFRA does stipulate an exception if the burden is “in furtherance of a compelling governmental interest and is the lease restrictive means of furthering that interest.” Judge Randa declared the RFRA exception not applicable for the Archdiocese of Milwaukee’s bankruptcy case because the “interests advances by the bankruptcy system are not compelling.”

Many advocates working to prevent sexual abuse within the church believe the interests in this case are very compelling. Advocates cite 45 individual priests within the Archdiocese of Milwaukee accused of committing sexual assault, with one priest accused of molesting almost 200 deaf boys.

The intentions to withhold the $57 million from sexual abuse settlements by the church stand out clearly through the words of former Archbishop, nowCardinal, Timothy Dolan in a letter he wrote to the Vatican in 2007. In the letter, one of many documents publically released in July, he states that transferring the funds into the cemetery trust fund would lead to “an improved protection of these funds from any legal claim and liability.” Dolan is also the president of United States Conference of Catholic Bishops.

The ruling dealt down by Judge Randa has serious implications for those seeking settlement money from any religious institutions in the future. In particular the decision sets a precedent for any religious organization to protect any funds they deem appropriately theirs through redistributing their assets.

Arkansas School District to Arm Teachers

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Photo by Jimmy Emerson via flickr

A group of more than 20 volunteer teachers and staff in the small school district of Clarksville, Arkansas will be trained to carry a firearm for this coming school year.

Using a little-known state law allowing trained armed guards at schools, the Clarksville school district has provided 53 hours of training to interested teachers and school staff as well as a one-time stipend of $1,100 to purchase a hand gun to participants. After the training, the volunteers will be considered armed guards. The identities of the trained teachers will be kept secret, and the guns will be concealed at all times.

In light of the Newtown massacre, President Obama and members of Congress pledged to pass new gun control legislation. However, many conservative lawmakers and lobbyists have resisted the plan. At a press conference a week after the shooting, the National Rifle Association called for an armed security officer to be placed in every school.

Clarksville Superintendent David Hopkins told reporters the decision came in response to the shooting in Newtown, CT that killed over 20 children. “The plan we’ve been given in the past is ‘Well, lock your doors, turn off your lights and hope for the best,'” he said. “That’s not a plan.” He explained that using the volunteers as security guards stopped the school from “tying our money up in a guard 24/7 that we won’t have to have unless something happens.” He added, “Hopefully we’ll never have to use them as a security guard.” Education Commissioner Tom Kimbrell opposes the idea, and would prefer to hire trained law enforcement officials as school resources officers instead. However, state officials have not interceded in the school district’s plan.

Other education leaders are not as enthusiastic about the new plan. Former president of the Arkansas Education Association, Donna Morey, said that the plan only increased the chance that a teacher could shoot a student accidentally or that a student could come to obtain a gun while on school premises. “We just think educators should be in the business of educating students, not carrying a weapon,” she said.

Media Resources: Associated Press 7/30/2013; Christian Science Monitor 7/30/2013; USA Today 7/30/2013; Feminist Newswire 1/15/2013, 12/21/2012, 12/17/2012

Two Restrictive Abortion Laws Blocked in North Dakota

A North Dakota law that would require abortion clinic doctors to have admitting privileges to a hospital within 30 miles the clinic was blocked by a state judge yesterday. The law, scheduled to go into effect today, would haveshut down the state’s only abortion clinic, the Red River Women’s Clinic located in Fargo.

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Judge Wickham Corwin also blocked a law that would ban abortion once a fetal heartbeat is detected which can happen as early as six weeks.

Two other restrictive abortion laws, however, will go into effect today. One law bans abortion after 20 weeks gestation on the argument that a fetus can feel pain at that stage, and the second institutes a ban on all abortions solely for gender selection or genetic abnormalities.

Senior counsel for the Center for Reproductive Rights, Janet Crepps, stated, “It’s possible for the clinic to see women who have a genetic abnormality, but the idea that women are coming for an abortion solely for the purpose of sex selection is just ridiculous…The number of women getting abortions in North Dakota is small, so the number of women that would fall in that category is even smaller.”

Media Resources: The Dickinson Press 8/1/2013; Bloomberg 7/31/2013; New York Times 7/31/2013; Feminist Newswire 3/26/2013

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