On April 4 the House of Representatives passed its version of the Violence Against Women Act reauthorization – H.R. 1585 – and forwarded the bill to the Senate for consideration. Seven months later, no Senate bill has been introduced, much less voted upon.
It’s not for a lack of trying. So what’s going on here?
Three top-tier issues are consuming much of negotiators’ time and energy:
- Definitions of Domestic Violence — The House bill dramatically expands the definition of domestic violence to include emotional abuse, verbal abuse, technological abuse, and financial abuse. Just imagine what would happen if every time a woman gives her husband the “silent treatment,” he calls the police?
- Over-Criminalization – Following passage of the First Step Act in December 2018, many, but not all Senators believe we need to rein in mandatory arrest and no-drop prosecution policies. And instead, pay more attention to the proven causes of partner abuse: mental health problems, alcohol abuse, and marital conflict.
- LGBT Issues – Following passage of the Equality Act in the House of Representatives – H.R. 5 – Senate Democrats are being pressured to include similar provisions in VAWA. But Republicans are unlikely to agree to this.
As if these top-tier concerns didn’t constitute enough of a Gordian Knot, the Senate is also wrestling with a host of second-tier issues:
- Lack of evidence of the effectiveness of VAWA programs in reducing abuse rates
- Due process for the accused
- Harmful effects on families
- Immigration fraud
- Problem of campus “Kangaroo Courts” (VAWA Title III)
- Neglect of male victims – According to the CDC, men are more likely to be victims in the previous 12 months than women
- False allegations
- Waste, fraud, and abuse
- Onerous budgetary demands on federal and state governments
- Ideological biases – The dubious notion that domestic violence is “all about power and control”
At this point, the most likely scenario is a straight-line reauthorization of VAWA through the 2020 elections.
That will give lawmakers an opportunity to re-think the issues and fashion a “Fresh Start” bill that eschews “power and control” ideology, respects the Constitution, and addresses the proven causes of domestic violence.