RADAR ALERT:
Equal Protection?

Civil rights are those rights which we create through the application of the law. They are distinct from "human rights" which many assume to be common to all people, everywhere. In the United States, the constitution guarantees equal protection under the law (under the 14th amendment). This was necessary because prior to the 14th amendment, individual rights were only protected from violation by the federal government (but not state governments). The individual states had wide latitude in how draconian or arbitrary their laws were, and the application of state law could discriminate against citizens for the most capricious of reasons. The 14th amendment's "equal protection clause" was meant to correct that, and provide due process (and many other rights) to all citizens, regardless of the state they lived in.

Today, restraining orders against men are usually granted to women for the asking, with the only obstacle being a legal pleading. Approximately 15 percent of restraining orders are imposed upon women, while men are restrained 85 percent of the time. The due process provided by a trial is denied to the one subject of the restraining order, even though an alleged violation of the order carries with it a criminal penalty. Violating a restraining order is not always a willful or malicious act. A man subject to a woman's restraining order need only answer his telephone when she calls him, and that could be a violation (with jail time as a penalty – no jury trial involved).

When domestic violence has been alleged, restraining orders carry with them the financial obligation to continue making rent or mortgage payments on the house that one is now prohibited from approaching. Again, failure to meet this obligation can carry criminal penalties including jail time.

Restraining orders are a phenomenon of the states – a draconian measure that compromises civil liberties of the accused, denying him (or her) a jury trial. It is the various states that are, in this case, compromising civil liberties of any person unfortunate enough to be falsely accused on any level. Despite the protections of the 14th amendment's nearly 130-year-old "equal protection" clause, protection is anything BUT equal – especially protection of falsely accused men. This problem is only exacerbated under VAWA, which provides funds for programs, personnel, and promotion of policies that continue the unequal treatment of male defendants. It needs to stop.

RADAR has issued a press release on this subject: http://www.mediaradar.org/press_release_20071016.php

We are asking you to print out and distribute the following flyer about such civil rights violations as described above: http://www.mediaradar.org/docs/RADARflyer-VAWA-Promotes-Civil-Rights-Abuses.pdf

A good place to distribute the flyer is at public events held in honor of Domestic Violence Awareness Month, which happens to be October! Attendees at such events will already be focused on domestic violence, and some just may have an open mind. Please pass out the above flyer at such events! To find the event closest to you, simply visit the following guide provided by the U.S. Department of Justice: http://www.usdoj.gov/ovw/statedomestic.htm

We have to stand up for civil rights for all Americans, regardless of gender, regardless of location. Our fundamental rights to a jury trial and due process are being subverted. Your help is appreciated!

Date of RADAR Release: October 17, 2007

R.A.D.A.R. – Respecting Accuracy in Domestic Abuse Reporting – is a non-profit, non-partisan organization of men and women working to improve the effectiveness of our nation's approach to solving domestic violence. http://mediaradar.org