LGBT victims of domestic violence gain new federal protections

By Alison Wineski

After a drawn–out partisan battle, President Obama signed a reauthorization of the Violence Against Women Act March 7 that updates the 19 year-old law with new protections for same-sex couples.

The original law, drafted by Vice President Joe Biden when he was a senator and passed into law in 1994, created resources for local government agencies, police departments, battered women’s shelters and crisis centers across the nation – and led to the creation of the National Domestic Violence Hotline.

The passage of the reauthorization came after a partisan battle over provisions involving same-sex couples, undocumented immigrants and women on Indian Reservations, and the winning version of the bill came up for a vote in the House only after a version most House Republicans favored – which omitted the provisions affecting minority groups – couldn’t get enough bipartisan support to pass.

“I am pleased that this progress will continue, with new tools for cops and prosecutors to hold abusers and rapists accountable, and more support for all victims of these crimes,” Biden said as President Obama signed the law.

Kristin Lynch, press secretary for Colorado U.S. Sen. Michael Bennet, says that the law provides three main types of benefits: services for survivors of domestic violence, education and prevention services (such as the Conflict Center in Denver), and tools for law enforcement to prosecute offenders.

LGBT victims of domestic violence were denied services offered in the previous version of the bill, Lynch said. Even after the likely passage of a bill for civil unions in Colorado – expected to set same-sex unions to start May 1 – LGBT victims of violence by a civil union partner would be denied access to the benefits since the federal government is prohibited by the Defense Of Marriage Act from recognizing legal unions between same-sex couples.

But the new version extends benefits to same-sex couples by making no distinction between legally–married and unmarried same-sex couples.

“The Violence Against Women Act classifies LGBT couples of all kinds as underserved. No matter the relationship, whether civil union or just dating, you are protected,” Lynch said adding that “same-sex victims of domestic violence would be denied service if they were seeking help with the old laws. These issues are what’s expanding the definition of discrimination.”

Nationally, the rate of domestic violence in the LGBT community is thought to be similar to the rate of violence among heterosexual couples. But Lynch said domestic violence for same-sex couples is more likely to go unreported.

“Looking 20 years ahead, the statistics will probably be more aligned with that of the straight population. For now, it’s still underreported,” Lynch said.

Bennet and Texas Republican Sen. John Cornyn also expanded the legislation by attaching the SAFER Act, which provides more money to prevent the backlogging of rape kits.

“We said we should raise [the amount given to test rape kits],” Lynch said. “We changed the 40 percent to 75 percent, and the second part of the bill gives options to conduct audits, so [local governments] can get to backlogs and have a better picture of the problem.” The money for the bill will come from repurposing funds in the Debbie Smith DNA Backlog Grant Program.

The reauthorization also includes the Campus Sexual Violence Elimination Act, which requires that colleges provide information for survivors of sexual violence with legal and counseling services, as well as required training for officials who discipline those in cases of stalking and domestic violence as reported on campus crime reports.