CBS NEWS
(CBS NEWS) -- 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.
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.