[Editor's Note: ifeminists does not consider the increas or extension of tax-funding for male victims of DV to be a victory. The goal should be to remove privilege -- in this case, government-funding -- from women...not to extend the injustice of distributed income to men. Remove all tax-funding and the 'gender problem' goes away. Nevertheless, the recognition that perpetrators of DV are not all male and victims of DV are not all female is welcomed.]
Decision Rendered in Major West Virginia Domestic Violence Lawsuit
Dear Edward;
Many of our readers have experienced the problem of false allegations of abuse in the context of divorce and custody proceedings. Today in West Virginia a significant decision was released in the case of Men and Women Against Discrimination (MAWAD) versus The Family Protection Services Board of West Virginia. The findings of fact and conclusions of law contained within Judge Stucky's decision declared several rules of the West Virginia Family Protection Services Board null and void, stating the rules directly conflict with the express intent of West Virginia's legislature that domestic violence programs be administered in a gender neutral fashion while further finding the rules had a chilling effect on MAWAD members free speech right.
Read Judge Stucky's entire decision here. Several of the findings and conclusions include:
19. West Virginia Code 48-26-404 mandates the Board to propose rules for programs of intervention for perpetrators of domestic violence...
20. In response to this legislative mandate the Board adopted Rule 191-3-3....
21. The promulgation of this rule forms the basis for the Board's official position that perpetrator intervention programs should actually be and, in fact are, administered as "batterers" intervention programs with the fundamental premise that only men can be batterers and therefore only men are appropriate candidates for participation in perpetrator intervention programs.
22. The Legislature has expressed a clear intention to provide licensure and funding of perpetrator intervention programs that are gender-neutral; the Board, acting on its own, has ignored this intent and created a gender specific program that includes only men and excludes all women.
From the conclusions:
"The legislature has expressed a clear intention to provide for licensure and funding of perpetrator intervention programs that are gender-neutral. The Board, acting on its own, has morphed this intent into a gender specific program that includes only men and excludes all women...This rule conflicts with the clear intent of the legislature and is void."
Let us know what you think of this decision by responding here. We'll post these responses over the next several days.
Congratulations again to Men and Women Against Discrimination. We all appreciate you. Here are links to some of their great spots on DV and Shared Parenting.
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