In domestic violence bill, long-awaited victory for women's groups

House Minority Leader Rep. Nancy Pelosi (D-CA) speaks about the re-introduction of the Violence Against Women Act during a press conference at the U.S. Capitol January 23, 2012 in Washington, DC. / Photo by Win McNamee/Getty Images

More than a year after the expiration of the Violence Against Women Act (VAWA), President Obama heads to the Department of Interior today to sign into law its reauthorization, signaling a long-awaited victory for advocates on behalf of women, domestic violence victims, and American Indians who were for months stymied in their efforts to get the bill signed into law.

The legislation, which aims to protect the victims of domestic violence, was originally passed in 1994 as part of a larger crime bill, and has been reauthorized twice since then. Democrats' efforts to renew the bill in 2011 failed amid Republican concerns about some of its expanded protections, however, and no similar legislation has made it through both the House and Senate until late last month.

"This is hugely important," said Ai-jen Poo, director of the National Domestic Workers Alliance, in an interview with CBSNews.com. "This piece of legislation has just been so core and foundational to the sustainability and the health of the well-being of the women we work with."

• Violence Against Women Act passes after months of delay

Under the new law, VAWA will - as in its previous incarnations- provide a host of services for domestic violence victims across the country, from legal aid to emergency and transitional shelter to various counseling and recovery services. It also offers new protections for gay, lesbian and transgender couples, provides thousands of visas for undocumented immigrants who have been victims of abuse, and provides new authority for Native American courts to prosecute non-Native American abusers.

"The Violence Against Women Act has dramatically reduced the lethality of domestic violence in this country; has dramatically improved reporting across the country of sexual assault, and domestic violence, and dating violence, and stalking; has dramatically improved the services available to survivors of this violence; and has dramatically improved the ability to prosecute and imprison offenders," said Terry O'Neill, the president of the National Organization for Women (NOW). "That's just fact."

Unappealing though it might be, optics-wise, for a lawmaker to vote against a bill called the "Violence Against Women Act," the legislation appeared to be on shaky ground as recently as a few weeks ago: Among Republicans, there were particular concerns about the provision that would enable the prosecution in tribal courts of attackers who are not of American Indian descent, arguing that that it would expand the reach of tribal court power.

While resistance to that and other expansions of the bill was sufficient to stall its progress in Congress last year, however, Republicans were unsuccessful in their efforts to significantly weaken them this time around, and the complaint about Native American judicial jurisdiction was ultimately overruled even in the GOP-controlled House of Representatives. The Senate bill ultimately passed, to cheers, with broad bipartisan support - just minutes after the chamber voted overwhelmingly to reject a scaled-back, GOP-penned bill.

"I think there are enough Republicans in the House who were ready to defy [House Majority Leader] Eric Cantor," said NOW's O'Neill. She also speculated that Senate Republicans might have urged House leadership to allow a vote on the bill as part of an effort to "repair the Republican brand when it comes to women."

According to N. Bruce Duthu, a professor of Native American studies at Dartmouth College, the provision that so irked Cantor and others is as big a deal as Republicans made it out to be.

"For the first time in the [post-1970s] modern era, the Congress is substantially altering the jurisdictional framework - they are recognizing a power that Indians have over non-Native people," he said. "That is so significant in terms of looking at the scope of tribal power."

Republicans may not like it, he said, but Native American populations have something to be excited about: Not only is it a recognition of the Native American tribes and court systems as "capable of producing just results," but it will serve a population known to be frequent targets of violent domestic and sexual abuse by non-Native American men.

"It's a huge victory for tribes," he said.

Of course, advocates didn't get everything they'd hoped for: O'Neill says advocates accepted a compromise with scaled back funding levels and consolidates programs. She also argues it's overly difficult for immigrant women to independently seek legal immigration status in order to prosecute their abusers, and that there should be more visas authorized for those purposes.

And while she's "skeptical" that VAWA's success signals a real sea change among Republicans on behalf of women's rights, she was ready to accept this particular achievement.

"I'll take this victory," she said.

[stevehamilton858]

What, on God's green earth makes you think that "Native American Courts can now do whatever they want"? Have you studied the law at an accredited law school? If so, you should go to them and get your money back.

[GOP-R--Con-Men]

Looks like republicans finally had to cave on protecting white men abusing and raping Native American women on reservations.

[Al_Sharpton_is_a_Criminal]

The title should read -- 'In domestic violence bill, long-awaited victory for LIBERAL women's groups'

[Krowster]

Another opportunity for unscrupulous lawyers to take advantage of the public, and male gender in particular. The great American disaster, too much suing, and not enough problem solving. They way things are going, we'll soon become a nation of paranoid schizophrenics.

[stevehamilton858]

No; the way things are going, the Republican Party is engaged in slow motion self immolation and will be a "Rump Party" by 2014. Who's going to vote for them? Not thinking women, not Hispanics, not anyone who ever took more than Freshman Econ 101, not anyone who ever attended any courses in Management. Why would anyone believe they can manage the country when they can't even manage the insurgents in their own party. Boner is more worried about how his name is pronounced than in enforcing discipline among his callow, ill-educated TP darlings.

[MrLiterally]

Oh, and now the Native courts, with their willy nilly laws and frequent corruption, can now prosecute the rest of us.

This bill is awful. Everything coming out of the Democratic Party, especially legislation by its female members, is awful.

[LWC0513]

And your experience with Native Courts that allows you to identify them as "willy nilly" and "corrupt" would be what? And they most certainly cannot "prosecute the rest of us." They can however, claim jursidiction over individuals who commit crimes (domestic violence, sexual assault, stalking, child sexual assault) against a native individual, on a reservation, and that person has strong ties to the reservation (i.e. lives or works on the reservation) even if that person is a non-native.

I fail to see why this idea is so challenging for everyone. You can't go anywhere else in the world and not be held accountable for criminal behavior but you should be able to abuse a Native American person on a reservation and claim loophole exemption?

Get off it.

[stevehamilton858]

What Law School granted you your JD? You should ask for your money back. Native American courts have absolutely no jurisdiction over citizens who do not live on tribal lands.

I think that the several million Americans who are now able to get health insurance would strongly disagree with your blanket indictment of all Democratic sponsored legislation. And, please identify for me, if you can, all legislation sponsored by elected female Democrats. there are a lot of disabled veterans like me who have the greatest respect for Senator Feinstein.

BTW, for you continuing education, look up the word "misogynist", and then see if you can get an appointment with a psychologist or psychiatrist to get counseling about your misogynist feelings. You must live some sorry kind of life - maybe some professional medical help could make it a little better.

[judymar14]

Don't get it...Why should thousands of visas be given to 'illegals' if they are victims of abuse? Not that it matters, illegals aren't going anywhere, but I don't see what giving them visas has to do with being abused.

[LWC0513]

In cases of domestic violence abusers frequently target individuals who are here illegaly. This includes mail-order bride services, women who were trafficked for sex and those who chose to break the law and come here. Regardless of these variations they are all here illegally and they all generally do not want to come forward to receive services or identify their abuser. It creates a group of people who can be targeted as perfect victims if there isn't a way to provide safety to them should they come forward. The visas they receive are in line with visas offered under other legislation to crime victims who experience or witness a crime. If they are able to provide information that is verified as truthful and accurate they are elligable to apply for a visa and go through a legalization process.

[antiglobal13]

LWC0513,

Just send them home then the abuser in the U.S. cannot get to them

[uisignorant]

So much for EQUAL protection under the law.

[MrLiterally]

Men get abused, too, but the modern feminist hate movement will not address that as they continue to falsely perpetuate their own victimhood.

I say this bill gets struck down by the courts. We have to stop favoring/disfavoring people based upon gender and/or race. It's 2013, for gosh sakes.

[LWC0513]

Maybe you should read the bill. While it is titled the Violence Against Women Act it does specifically address male survivors of abuse. VAWA very specifically identifies any agency receiving VAWA funds must serve ALL survivors. The push to include gay survivors was specifically about meeting the needs of one particular underserved, male population.

[MrLiterally]

I am not going to accept the Native tribes having legal power over non-natives. Reservations, many of them, are notoriously corrupt and there is no way a non-native will get a fair trial, but less be kept in livable facilities during incarceration. This will be no better than being subject to Mexican law, and we know how corrupt that will be.

Bottom line, is this is another sellout of the American people by its sorry federal government.

[john92021]

feel safer now that the bureaucrats got your back? I'm more for the granny with the glock.

[stevehamilton858]

Yeah; vigilante justice is the answer - it's working terrifically for women in countries like Afghanistan, and just which bureaucrats under this law do you think have anyone's back? Are policemen and women and district attorneys bureaucrats in your book?

[matt6052]

Improving resources to help abuse victims escape abuse is a very good idea. Women who have small children and no job skills are particularly dependent upon their husbands. When such a situation turns abusive, it can be especially harmful.

Women without small children or who have great job skills and resources to leave are an entirely different situation. Their domestic abuse dramas are their own choices.