Jessy Edwards  |  March 18, 2021

Category: Legal News

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Violence Against Women Act passes in Senate, but faces challenges.

A law that protects victims of domestic abuse and sexual violence was voted by the House to renew Wednesday, but the law is likely to face backlash in the Senate due to new firearm restrictions.

The landmark Violence Against Women Act originally passed in 1994, but lapsed in 2019 under former President Donald Trump. 

It has helped combat domestic violence, sexual assault and stalking, and provided funding for a patchwork of programs like violence prevention and housing assistance for abuse victims, and legal protections for victims and their families.

If you were a victim of sexual assault even if it was years ago, you may qualify to join this sexual assault lawsuit investigation. Top Class Actions works with a range of experienced lawyers who can help you determine if filing a class action lawsuit or individual lawsuit is the best course of action for you.

Congress continues to fund the programs despite the lack of authorization, NPR reported. President Biden played a lead role in passing the landmark law as a senator, and has called it one of his proudest legislative accomplishments. 

Although it passed 244-172 in the House, the 2021 version of the act is set to face challenges in the Senate due to additions of firearm restrictions for convicted domestic abusers, which is fiercely contested by the National Rifle Association (NRA).

In the bill the House passed is a new provision that would ban a person who has misdemeanor convictions of domestic abuse or stalking from buying a gun.

The position of the gun lobby has put GOP lawmakers in a tough political position of voting against a popular law to support victims of domestic and sexual violence, or voting against the NRA, NPR reported.

“This legislation makes it clear that Democrats consider gun ownership a second-class right,” Rep. Bob Good, R-Va said.

The House-passed bill would also strengthen existing protections for transgender women to access women’s shelters and serve in prisons that match their gender identity.

In the Senate, Democrats control just 50 of the 60 votes necessary for the law to pass. 

In a statement after the vote, President Biden urged the Senate to “bring a strong bipartisan coalition together” to send him a bill to sign into law as soon as possible.

The law’s renewal has taken on added urgency amid alarming increases in domestic violence during the coronavirus pandemic, the New York Times reported.

Equal Rights Amendment in Conversation for Women’s History Month

Meanwhile, continuing the momentum in Women’s History Month, the House also passed a resolution Wednesday to remove the deadline to ratify the Equal Rights Amendment. The proposed 28th amendment to the United States Constitution is designed to guarantee equal legal rights for all American citizens regardless of sex.

A judge had ruled that the time to ratify the law had run out in 1982. However, the house resolution says the amendment is valid simply because it is ratified by three quarters of the U.S. states, even though it took 28 years longer to happen.

The Equal Rights Amendment was initially introduced in 1972, but took until Jan. 2020 for 38 states to sign off on it — the number needed to officially make it the 28th Amendment. 

The amendment says: “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”

A companion joint resolution has been introduced in the Senate but faces a steeper climb, as with the Violence Against Women Act, at least 10 Republicans will have to join all 50 Democrats for it to pass, NBC News reported.

What do you think about the House moving to put these two initiatives for women into law? Do you think the Violence Against Women Act is effective? Let us know in the comments! 

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