Long Shadow of Gender Crimes

It says something that 36 states supported Christy Brzonkala before the U.S. Supreme Court in her unsuccessful claim under the federal Violence Against Women Act. That Brzonkala failed, that the court this week invalidated a part of the 1994 statute designed to punish rape, domestic violence and other crimes motivated by gender, should prompt those states and Congress to redouble their efforts to uphold the principles of equality.

The case stems from a 1995 lawsuit brought by Brzonkala, a former Virginia Tech student who alleged she was raped by a football player. College authorities found him guilty of sexual assault and suspended him. But when he challenged that ruling, the university backed down, reducing the charge and lifting the suspension. Rather than pursue criminal or civil action in state court, Brzonkala invoked a section of the 1994 Violence Against Women Act that provides civil damages for victims of gender-motivated violence.

Monday, the high court upheld lower court rulings in rejecting her claim. Congress has no power over “noneconomic, violent, criminal conduct” that does not cross state lines, Chief Justice William H. Rehnquist wrote for the 5-4 majority. The Violence Against Women Act, he said, was an invalid exercise of Congress’ constitutional authority to regulate interstate commerce and enforce the equal-protection guarantee of the 14th Amendment.

While the logic in the ruling is compelling--the rape alleged in this case has at best a tenuous connection to interstate commerce--the result of the decision is deeply disturbing. Prospects now appear dim for passage of a hate crime bill before Congress that would give federal prosecutors the option of intervening in crimes allegedly motivated by the victim’s sexual orientation, gender or disability.

State hate crime statutes, including California’s, offer some recourse, but these laws vary greatly in their reach and the severity of their sanctions. That three dozen attorneys general joined Brzonkala is powerful evidence that the states consider violence motivated by gender to be a problem that is national in scope. Yet the Supreme Court has left Congress with few options to address that.

Congress can begin to repair the damage later this year by reauthorizing those portions of the omnibus Violence Against Women Act that were not before the court in the Brzonkala case and that are set to expire. Those provisions have funded vital state efforts to operate battered women’s shelters and educational programs as well as to enforce applicable criminal laws. In the meantime, states should strengthen their own laws.