The Davis case heard by the Supreme Court the same day was a similar case where the prosecutor ignored the Confrontation Clause. The prosecutor obtained a conviction of the Adrian Martell Davis without ever putting the woman on the witness stand or allowing the man to confront his accuser.
A 911 operator had called back to a household and elicited allegations about domestic violence. The jurors heard only a tape-recording of a 911 operator prodding Davis' former girlfriend, Michelle McCottry, to give her side of the story without the boyfriend telling his side on the tape.
Why are overzealous prosecutors trying to put men in prison for an alleged crime that no one will corroborate in court that the alleged victim may not want prosecuted or punished? The answer to this question is prosecutors' acceptance of the radical feminist doctrine that women are naturally victims and men are naturally batterers, and that a man can be denied his Sixth Amendment right to confront his accuser.
The Violence Against Women Act, funded by federal taxpayers to the tune of nearly $1 billion dollars a year, holds training sessions for law enforcement officers, prosecutors and judges to teach them anti-male and anti-marriage notions, and how to bypass men's constitutional rights. Radical feminists have lobbied state legislators to pass laws that require a policeman to arrest someone any time they are called to investigate an alleged domestic-violence incident.
States have also passed laws that require prosecution even if the woman does not want to prosecute or testify. Unwanted and unnecessary arrests and prosecutions obviously prevent reconciliation and private resolution of family disputes.
The feminists argue that men's constitutional rights should be overridden in order to protect women who are afraid to testify against husbands or boyfriends. At oral argument, Justice Ruth Bader Ginsburg appeared to espouse this view.
However, Ginsburg wrote in her 1977 book "Sex Bias in the U.S. Code" that what she calls "the equality principle" requires repeal of the federal Mann Act, which prohibits the transportation of women across state lines for immoral purposes. She wrote that this law "is offensive because of the image of women it perpetuates" of "weak women" needing protection from "bad men."
But when feminists deny a man his constitutional right to confront his accuser, they are precisely locking in stereotypes about weak women, bad men and foolish choices.
The issue is, which comes out on top: the Constitution or the feminist agenda?
Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
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