Posted by John Dias in For Immediate Release
Victory for Men’s Equal Rights!
CA Appellate Court Says Excluding men from domestic violence programs is unconstitutional
Contact: Marc E. Angelucci, Esq.
Men’s Legal Center
619-234-3838
626-319-3081
marc@menslegal.com
SAN DIEGO, CA - 10/14/08 - Today the Third District Court of Appeal in Sacramento ruled California’s exclusion of men from domestic violence violates men’s constitutional equal protection rights. Woods. v. Shewry; 3rd Dist. C056072
http://www.courtinfo.ca.gov/cgi-bin/opinions.cgi
The taxpayer lawsuit was initially filed in 2005 by four male victims of domestic violence. In 2007, Sacramento Superior Court Judge Lloyd Connelly dismissed the case, ruling that men are not entitled to equal protection regarding domestic violence because they statistically are not similarly situated with women.
Today the Court of Appeal reversed that decision and held: ‘The gender classifications in Health and Safety Code section 124250 and Penal Code section 13823.15, that provide state funding of domestic violence programs that offer services only to women and their children, but not to men, violate equal protection.’
Harry Crouch, a San Diego child custody coach and President of the National Coalition of Free Men (NCFM), a men’s rights organization that filed and backed the plaintiffs, said: “All victims need services regardless of gender. Services should be need-based, not gender-based. This decision can profoundly affect on the equal treatment of victims.”
The plaintiffs’ attorney, Marc E. Angelucci of the Men’s Legal Center in San Diego and founder of NCFM’s Los Angeles chapter, called this a victory for men’s equal rights, particularly male domestic violence victims and inmate fathers. He said: “We’ve been through the daisy wheel of judicial activism on this issue. Now the courts have finally addressed the injustice, but the struggle is not over. Many taxpayer-funded programs, especially in Los Angeles, still deny men services such as counseling, advocacy, shelter or hotel vouchers, which is endangering their children. Men pay at least half of the taxes that fund these programs and they should be entitled to services regardless of sex. I have seen the damage this does to men and kids and I will never stop fighting to end it, even if it means filing more lawsuits.”
Numerous experts submitted sworn declarations supporting the plaintiffs and explaining that this is a serious but hidden problem in which children are being emotionally harmed as witnesses of the violence while their dads get no help. Experts explained that although men report it less than women, empirical survey data consistently shows women are at least as violent as men in relationships and men suffer one-third of injuries. One expert, California State Long Beach Professor Martin Fiebert, summarizes over 200 of the studies in an online bibliography:
http://www.csulb.edu/~mfiebert/assault.htm
In the early 1970s, federally-funded research by Professors Murray Straus, Suzanne Steinmetz and Richard Gelles found women are as violent as men in relationships. As a result, all three researchers received death threats by those who saw the findings as a threat to the “patriarchy” theory of domestic violence. See Prof. Linda Kelly, ‘Disabusing the Definition of Domestic Abuse,’ 30 Florida State Law Review 791 (2003)
http://www.law.fsu.edu/journals/lawreview/downloads/304/kelly.pdf
Today over 200 studies - and growing - confirm the same findings using various methodologies. Further research into context and motives found self-defense did not explain away the female violence. See, Prof. Don Dutton, ‘Transforming a flawed policy: A call to revive psychology and science in domestic violence research and practice,’ Aggression and Violent Behavior, (11) 2006, 457-483
http://www.nfvlrc.org/docs/DuttonCorvo.policypaper.pdf
Additional sources on male DV victims:
Harvard Medical School:
http://www.patienteducationcenter.org/aspx/HealthELibrary/HealthETopic.aspx?cid=M0907d
University of New Hampshire:
http://www.unh.edu/news/cj_nr/2006/may/em_060519male.cfm?type=n
Canadian Government Report:
http://www.phac-aspc.gc.ca/ncfv-cnivf/familyviolence/pdfs/Intimate_Partner.pdf
It’s been well known for years men have been discriminated
against in family courts throughout the US. Then terrorized
by the unjust and unfair judgements of of the Court Systems
and Child Support Agencies. US Government terrorism against
its own people. The family laws that are practiced and applied by Judges will terrorize many generations of US men to come. Clearly unconstitutional and inhuman.
When will we the people whole the US. Government accountable for destoring the bond of the family. The implementation of child support guidelines has violate the constitutional and humans rights of men’s
Child support deduction has left many men’s
with conditions that do not sustain survial
The Fathers Resource Center in Sacramento is a great organization for Fathers. The organization specializes in Fatherhood involevement. They offer a veraity of services ranging from: parenting clasess, support groups, legal clinics, attorney services and much much more. I recomned them to any Father who needs help. They are locareated at 3443 Ramona Ave, Ste 25 Sacramneto CA 95826. PH. 916-739-0894 FAX. 916-739-0895 http://www.fatherscenter.org / email. info@fatherscenter.org
check them out
Great Victory! We keep being subjected to discriminatory laws and in family court it is insane. As a peace officer I never was fully aware of the problems until my ex wife filed for divorce. Suddenly, false accusations arised, she filed three separate times for Restrainiing Orders making huge false allegations. I was arrested on false charges, subjected to Internal Affairs, placed on administrative positions thus killing my chances to promote, spend thousands of dollars in attorneys. Won every court case and proved her allegations were false but no police department or court will file any charges against her for false accusations and reports. What stops her then from continuing, nothing! Just got served again and she called to say “Life in Family Court is great for us in California!!
Thats right rene, equal rights without equal responsibilities, what a sham, if any accusation were proven malicious with intent to defame and or to cause injury to another, they would be held liable Not in family law. the attorney will advise your wife to throw as much dirt at you as possible in court just to see if some sticks.False accuasations carry no recoursive penalty. She has nothing to lose. Meanwhile you get to pay her support as you struggle to pay your legal expenses. How can you do both. checkmate.