RICHMOND, Va. (AP) -- For the
first time, a federal appeals court on Friday declared
unconstitutional a 1994 federal law that allows rape victims to sue
their attackers for violating their civil rights.
Ruling 7-4 in the case of a Virginia Tech student who sued two
football players, the 4th U.S. Circuit Court of Appeals called the
Violence Against Women Act a ''sweeping intrusion'' into matters
traditionally handled by the states.
The court said Congress stretched too far its interpretation of
its right to regulate interstate commerce when it passed the law.
A lower court judge had previously thrown out the Virginia Tech
student's lawsuit. The student, Christy Brzonkala, was the first
person to sue under the Violence Against Women Act.
The appeals court ruling is binding only in Virginia, West
Virginia, Maryland, North Carolina and South Carolina.
Eileen Wagner, one of Ms. Brzonkala's lawyers, said she expects
the case to go to the Supreme Court.
''They can either give it a thumbs-up -- in which case people
will use this law, which they are reluctant to do now -- or a
thumbs-down, which would encourage Congress to go back to the
drawing board and rewrite the thing,'' Ms. Wagner said.
Ms. Brzonkala, who has allowed her name to be disclosed, said she
was raped in a dormitory. She did not report the alleged incident
for several months and no charges were filed against the two
players, Antonio Morrison and James Crawford.
Their lawyers did not return calls for comment.
Ms. Brzonkala's lawyers defended the Violence Against Women Act
by arguing that gender-motivated violence affects commerce by
imposing medical and legal costs on victims, inhibiting travel by
those who fear violence and lessening productivity.
The appeals court rejected that line of reasoning.
''Such a statute, we are constrained to conclude, simply cannot
be reconciled with the principles of limited federal government upon
which this nation is founded,'' Circuit Judge J. Michael Luttig
said.
The appeals court said Congress could not enact the law under the
Constitution's 14th Amendment, either. The 14th Amendment bars
states from denying people equal protection under the law.
In a dissent, Circuit Judge Diana G. Motz wrote that Congress had
clear authority to enact the law.