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Children deserve fully functioning, natural, loving, dedicated relationships with both of their parents, equally, in and out of marriage, whenever possible. Joint physical custody and co-parenting can benefit families, especially children. I'm an advocate for collaborative or cooperative, shared or co-parenting, as well as laws that encourage equality: a strong presumption for both parents', as well as extended family's involvement in children's lives.


Thursday, December 22, 2005

Good news/Bad news/Great news

First I was happy,
my letter about VAWA
was published in the newspaper.

Then I was unhappy.
I found out it was inaccurate.
I was wrong!




Now I am thrilled.


Turns out VAWA does have the language we need to guarantee services to men who are victims of domestic violence. The money is not reserved for existing providers after all. Organizations that serve men can set up shelters, as long as we apply for the grant money. I urge every organization with a 501(c)3 status that serves fathers to do just that. If you are denied, then we can file a lawsuit. Hopefully we won't have to.




According to Michael Robinson of the California Alliance for Families and Children:
    "There is nothing in the language that we are aware of that says only those who are already getting grants will be eligible."
See below:
    Sec. 3. Universal Definitions and Grant Conditions. This section aggregates existing and new definitions of terms applicable to the Act. (Previously, relevant definitions were scattered in various Code provisions.) The section also sets forth universal conditions that apply to the Act’s new and existing grant programs, including a requirement that the programs be gender neutral and prohibitions on using funds for tort litigation or lobbying.

    From Sec. 4002

    (8) NONEXCLUSIVITY. Nothing in this title shall be construed to prohibit male victims of domestic violence, dating violence, sexual assault, and stalking from receiving benefits and services under this title.

    SEC. 512. GAO STUDY AND REPORT.

    (a) Study Required- The Comptroller General shall conduct a study to establish the extent to which men, women, youth, and children are victims of domestic violence, dating violence, sexual assault, and stalking and the availability to all victims of shelter, counseling, legal representation, and other services commonly provided to victims of domestic violence.

    (b) Activities Under Study- In conducting the study, the following shall apply:

    (1) CRIME STATISTICS- The Comptroller General shall not rely only on crime statistics, but may also use existing research available, including public health studies and academic studies.

    (2) SURVEY- The Comptroller General shall survey the Department of Justice, as well as any recipients of Federal funding for any purpose or an appropriate sampling of recipients, to determine--

    (A) what services are provided to victims of domestic violence, dating violence, sexual assault, and stalking;

    (B) whether those services are made available to youth, child, female, and male victims; and

    (C) the number, age, and gender of victims receiving each available service.

    (D) Report- Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the activities carried out under this section.

    The CDC data will not be able to be ignored now.
I want to thank Michael and David Burroughs for their tireless work. Please support the California Alliance for Families and Children.

1 Comments:

Blogger Bill Maher said...

"Filing a lawsuit" should be clarified. Many people think "filing a lawsuit" means filing a class-action suit for megabucks and going up against some major government institution that has megabucks to defend itself, and that it will go on forever and the plaintiff(s) will eventually lose because the defendant (the government) has megabucks to defend itself. It's much more simple than that. It's a lot more like Rosa Parks refusing to give up her seat on the bus- just that simple.

One man, with one legitimate complaint of DV, has the right to receive DV services from any appropriate agency that also serves women, even
if that agency receives funding from VAWA. If not, that one single agency is discriminating against that one single man and the local legal aid society has a duty to help him sue for discrimination. I did something similar
myself- I filed a housing discrimination suit in Federal Court based on family status (the apartment complex wouldn't let my son visit overnight), and it took awhile, as Federal Court does, but I won. The local legal aid society did it for me for free.

It's just that simple. One man with a legitimate DV issue gets refused services because he's a man, and he has the right to sue and win. A local legal aid society should be able to handle it, and if they refuse, they can be sued too, by that one single man.
Alternatively, any good civil rights attorney should know that a case
like this is a winner and should take it on contingency. It really is
just that simple.

There are those who say that Rosa Parks was planted on the bus to do what she did in order to accomplish what was accomplished. To that I say, fine. Rosa Parks had a legitimate issue and deserved to accomplish what was accomplished. We just need to locate one man who has been refused services for a legitimate DV issue, and help that one man sue that one agency for discrimination. If it's an agency that
receives VAWA funding, so much the better. I think the point needs to
be made. One man in each state, filing a legitimate suit for discrimination in DV services and winning- that gets national attention and changes things. One does not have to sue the state, one
does not have to sue the US government- just that one single agency-
and the rest will pay attention.

Of course it's a good idea for men's groups to apply for VAWA grants to provide DV services to men. But I think the point needs to be made that a man should be able to walk into any DV agency anywhere and receive services without question. If it happens in California and makes the news, so much the better. The point needs to be made
publicly that men should be able to use DV agencies that already exist, especially those that receive VAWA funding, and it needs to be
made as publicly as possible. The outcome of that should be that DV
agencies in the particular state, and all across the nation, will realize that any man should be able to walk into any DV agency he wants to and receive DV services without question.

It doesn't require a class action suit. Why "load for bear" when
you're hunting squirrel? All it takes is one.

12:11 PM  

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