The Justice Department has decided that the criminal provisions of the Violence Against Women Act (“VAWA”) apply to covered conduct when the offender and victim are the same sex. VAWA makes it a federal crime to cross state lines with the intent of committing domestic violence, stalking or violation of a protective order. According to the Justice Department, despite the Act’s title, the text uses gender neutral language, such as “another person” instead of “a woman” and therefore indicates Congress’ intent that the protections cover same-sex couples.

The memorandum opinion can be accessed here: http://www.justice.gov/olc/2010/vawa-opinion-04272010.pdf

An article in the New York Times is available: http://www.nytimes.com/2010/06/11/us/politics/11gender.html