New Grant Certification Requirements Threaten Support for Victims
The Virginia Sexual and Domestic Violence Action Alliance joins a nationwide group of 17 state domestic violence and sexual assault coalitions today to file a new lawsuit seeking immediate relief to stop the federal administration from imposing unreasonable and unlawful restrictions on grants issued by the Department of Justice’s (DOJ) Office on Violence Against Women (OVW). New restrictions imposed on grant funding for sexual and domestic violence services make it impossible for many providers to operate programs effectively, threatening to eliminate services that victims rely on in neighborhoods throughout Virginia and throughout the country.
After taking office in January, President Trump issued a series of executive orders directing agency heads to impose new restrictions on federal funding, including curtailing diversity, equity and inclusion efforts deemed “immoral”, efforts that recognize the dignity and humanity of trans and LGBTQ people, and efforts to ensure that services are available to everyone, regardless of immigration status. The new unworkable, contradictory and harmful restrictions put grant recipients in impossible situations, asking them to certify that they comply with limitations on their ability to operate as the law and Congress requires – specifically targeting vulnerable populations – or risk penalties under the False Claims Act.
“These new grant certifications would not only require victim service providers to directly violate federal law, but they also demand that providers withhold vital services from community members who are at greater risk of experiencing violence,” said Kristi VanAudenhove, executive director of the Virginia Sexual and Domestic Violence Action Alliance. “Holding this field’s already very limited funding hostage is unconscionable, and it undermines the fundamental right of all survivors to access safety, justice and healing in the aftermath of violence.”
The director of a local sexual and domestic violence agency based in the Shenandoah Valley adds, “Our agency has made the painful decision not to apply for any grant from OVW at this time due to concerns for how our staff and the valuable work we do will be impacted [by the Executive Orders].
In doing so, our budget faces a shortfall that won’t be filled by other sources of charitable income. There are simply too many challenges inherent in identifying which directive to make paramount as grant directives conflict with federal statute. We are choosing not to task staff with the additional burden of navigating which laws to follow and which to break when there are conflicting directives. Additionally, our mission to serve survivors must always remain at the heart of this work, and the new language is antithetical to the safety and autonomy of all survivors.”
Created as part of the Violent Crime Control and Law Enforcement Act of 1994, VAWA was Congress’s comprehensive response to the issue of violence against women, focusing primarily on legal protections, increased enforcement, access to legal structures and assistance, and expanded services for victims. VAWA has enhanced investigations and prosecutions of sex offenses, funded a toll-free hotline for victims of domestic violence, offered financial incentives for states to focus on domestic violence as a serious crime, provided grants for colleges and universities to address violence against women on campus and emergency shelter and housing assistance for individuals fleeing violence, and included provisions on rape and battery that focused on prevention, funding for victim services, and a requirement that every state acknowledge and respect orders of protection issued anywhere in the United States.
To ensure a comprehensive approach to addressing violence against women, Congress created a broad set of grant programs for states, federally recognized state and territory domestic violence and sexual assault coalitions, service providers, and tribes. These programs focus on a broad range of activities, from preventing domestic violence and sexual assault to fostering collaboration between law enforcement and victim service providers to preventing crimes in national parks, among others. Congress has reauthorized and amended VAWA four times since its enactment, creating OVW and directing it to award grants under specific criteria and limitations set by Congress.
The group of state domestic violence and sexual assault coalitions includes the Rhode Island Coalition Against Domestic Violence, California Partnership to End Domestic Violence, Colorado Coalition Against Sexual Assault, DC Coalition Against Domestic Violence, End Domestic Abuse Wisconsin: The Wisconsin Coalition Against Domestic Violence, Idaho Coalition Against Sexual and Domestic Violence, Iowa Coalition Against Domestic Violence, Jane Doe Inc., The Massachusetts Coalition Against Sexual Assault and Domestic Violence, Kansas Coalition Against Sexual and Domestic Violence, North Carolina Coalition Against Domestic Violence, Montana Coalition Against Domestic and Sexual Violence, Oregon Coalition Against Domestic and Sexual Violence, Pennsylvania Coalition Against Domestic Violence, ValorUS, Violence Free Minnesota, Virginia Sexual and Domestic Violence Action Alliance, and the Wisconsin Coalition Against Sexual Assault.
The coalition is represented in the matter by Democracy Forward, Jacobson Lawyers Group, the ACLU of Rhode Island, National Women’s Law Center, and DeLuca, Weizenbaum, Barry & Revens, Ltd. / Lawyers’ Committee of Rhode Island. Plaintiff and co-counsel quotes are available here.
The plaintiffs filed their complaint against the Department of Justice, Attorney General Pamela Bondi, the OVW, and the Office’s acting director Ginger Baran Lyons, asking a federal court in the District of Rhode Island to stop the implementation of the unlawful conditions added by the DOJ. To read the complaint, please click here.
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The Virginia Sexual and Domestic Violence Action Alliance is Virginia’s leading voice on sexual and intimate partner violence. As a network of survivors, sexual and domestic violence agencies, and allies, we work to strengthen Virginia’s response to and prevention of sexual and domestic violence. We believe ALL people have the right to a life free of violence. For more information, visit www.vsdvaa.org
Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.
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