Nancy Pelosi on Civil Rights
Democratic Representative (CA-8)
The transgender case ruled on by the court involved Aimee Stephens, who was dismissed from her job at a Michigan funeral home two weeks after she told the company she was transgender. Her boss explained she failed to follow the dress code.
The Trump administration had urged the court to rule that Title VII does not cover cases like these. "The ordinary meaning of 'sex' is biologically male or female; it does not include sexual orientation,"
Democratic leaders also praised the decision, with House Speaker Nancy Pelosi, D-Calif., calling it "a victory for the LGBTQ community, for our democracy and for our fundamental values of equality and justice for all."
Opponent's Argument for voting No (The Week; Huffington Post, and The Atlantic): House Republicans had objected to provisions in the Senate bill that extended VAWA's protections to lesbians, gays, immigrants, and Native Americans. For example, Rep. Bill Johnson (R-OH) voted against the VAWA bill because it was a "politically–motivated, constitutionally-dubious Senate version bent on dividing women into categories by race, transgender politics and sexual preference." The objections can be grouped in two broadly ideological areas--that the law is an unnecessary overreach by the federal government, and that it represents a "feminist" attack on family values. The act's grants have encouraged states to implement "mandatory-arrest" policies, under which police responding to domestic-violence calls are required to make an arrest. These policies were intended to combat the too-common situation in which a victim is intimidated into recanting an abuse accusation. Critics also say VAWA has been subject to waste, fraud, and abuse because of insufficient oversight.
Proponents support voting YES because:
Rep. CASTOR: The march towards equality under the law for all of our citizens has sometimes been slow, but it has been steady. Over time, Congress has outlawed discrimination in the workplace, based upon a person's race, gender, age, national origin, religion and disability, because when it comes to employment, these decisions are rightly based upon a person's qualifications and job performance. This legislation that outlaws job discrimination based upon sexual orientation was first introduced over 30 years ago. A broad coalition of businesses and community organizations strongly support this landmark civil rights legislation, including the Human Rights Campaign; the Anti-Defamation League; and the NAACP.
Opponents recommend voting NO because:
Rep. HASTINGS: Federal law bans job discrimination based on race, color, national origin, or gender. In addition, 19 States have passed laws prohibiting discrimination on the basis of sexual orientation. I strongly oppose discrimination in the workplace. However, I do not think it is the place of the Federal Government to legislate how each and every workplace operates. A number of States have enacted State laws in this area. That is their right. Many businesses have chosen to adopt their own policies. That is appropriate as well. This bill as written would expand Federal law into a realm where PERCEPTION would be a measure under discrimination law [which I consider inappropriate].
Proponents support voting YES because:
The overwhelming majority of the American people support traditional marriage, marriage between a man and a woman. The people have a right to know whether their elected Representatives agree with them about protecting traditional marriage.
Every child deserves both a father and a mother. Studies demonstrate the utmost importance of the presence of a child's biological parents in a child's happiness, health and future achievements. If we chip away at the institution which binds these parents and the family together, the institution of marriage, you begin to chip away at the future success of that child.
Opponents support voting NO because:
This amendment does not belong in our Constitution. It is unworthy of our great Nation. We have amended the Constitution only 27 times. Constitutional amendments have always been used to enhance and expand the rights of citizens, not to restrict them. Now we are being asked to amend the Constitution again, to single out a single group and to say to them for all time, you cannot even attempt to win the right to marry.
From what precisely would this amendment protect marriage? From divorce? From adultery? No. Evidently, the threat to marriage is the fact that there are millions of people in this country who very much believe in marriage, who very much want to marry but who are not permitted to marry. I believe firmly that in the not-too-distant future people will look back on these debates with the incredulity with which we now view the segregationist debates of years past.
Title: Proposing an amendment to the Constitution of the United States relative to equal rights for men and women. Summary: States that equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
Our ratings are based on the votes the organization considered most important; the numbers reflect the percentage of time the representative voted the organization's preferred position.
OnTheIssues.org interprets the 2005-2006 HRC scores as follows:
The Human Rights Campaign represents a grassroots force of more than 700,000 members and supporters nationwide. As the largest national gay, lesbian, bisexual and transgender civil rights organization, HRC envisions an America where GLBT people are ensured of their basic equal rights, and can be open, honest and safe at home, at work and in the community.
Ever since its founding in 1980, HRC has led the way in promoting fairness for GLBT Americans. HRC is a bipartisan organization that works to advance equality based on sexual orientation and gender expression and identity.
OnTheIssues.org interprets the 2005-2006 NAACP scores as follows:
The National Association for the Advancement of Colored People (NAACP) has worked over the years to support and promote our country's civil rights agenda. Since its founding in 1909, the NAACP has worked tirelessly to end racial discrimination while also ensuring the political, social, and economic equality of all people. The Association will continue this mission through its policy initiatives and advocacy programs at the local, state, and national levels. From the ballot box to the classroom, the dedicated workers, organizers, and leaders who forged this great organization and maintain its status as a champion of social justice, fought long and hard to ensure that the voices of African Americans would be heard. For nearly one hundred years, it has been the talent and tenacity of NAACP members that has saved lives and changed many negative aspects of American society.
The Feminist Majority endorses candidates for the U.S. House and U.S. Senate. In addition to the stronger "endorsement," the organization also determines "preferred" candidates in races where they do not endorse. Their mission statement:
"Our mission is to empower feminists, who are the majority, and to win equality for women at the decision-making tables of the state, nation, and the world. The Feminist Majority promotes non-discrimination on the basis of sex, race, sexual orientation, socio-economic status, religion, ethnicity, age, marital status, nation of origin, size or disability. The purpose of Feminist Majority is to promote equality for women and men, non-violence, reproductive health, peace, social justice and economic development and to enhance feminist participation in public policy. Feminist Majority supports workers’ collective bargaining, pay equity, and end of sweatshops. We encourage programs directed at the preservation of the environment."
Opponent's argument against bill:(by Cato Institute reported on Fox News): A bill in Congress that would prohibit discrimination in public schools based on sexual orientation or gender identity could stifle free speech and even lead to "homosexual indoctrination" in the nation's classrooms, critics say.
"The real danger is how this will be interpreted," said the associate director of the Center for Educational Freedom at the Cato Institute. "The definition of harassment could be broadly interpreted that anybody who expressed a totally legitimate opinion about homosexual behavior could be made illegal. That's a violation of those kids who want to express opposition to LGBT opinions or behavior. People have a legitimate reason to be concerned about this--not because they're 'haters' but because you're now trying to balance different rights."
Proponent's argument for bill: (Rep. Jared POLIS, House sponsor): "Hatred has no place in the classroom. Every student has the right to an education free from harassment and violence. This bill will protect the freedoms of our students and enshrine the values of equality and opportunity in the classroom."
Press release from office of Rep. Jerrold Nadler (D-NY-10)
Rep. Nadler, lead sponsor of the Uniting American Families Act (UAFA), was joined by 68 Members of Congress in pushing to protect LGBT binational families from unnecessary deportations. The 69 Members sent letters to Homeland Security Secretary Janet Napolitano and Attorney General Eric Holder requesting that LGBT family ties be considered in pending deportation cases involving binational same-sex couples:
Wrote the Members. "We ask that you ensure that recognition of LGBT family ties is reflected in the work of DHS and DOJ employees. Without specific guidance, it is unlikely that agency officers, agents, and attorneys making decisions about individual cases will be aware that LGBT family ties are a factor for consideration."
Several Republican lawmakers have expressed strong opposition to granting same-sex couples equal immigration rights, including Sen. John McCain (R-AZ). McCain has criticized including same-sex couples in comprehensive immigration reform, saying that such a provision would kill the bill. "Which is more important: LGBT or border security?" McCain asked. "I'll tell you what my priorities are. If you're going to load it up with social issues, that is the best way to derail it, in my view."
Heritage Action Summary: The Maloney Amendment would ratify President Obama's 2014 executive order barring federal contractors from what it describes as "discrimination" on the basis of "sexual orientation and gender identity" in their private employment policies. In practice, it would have required federal contractors to grant biologically male employees who identify as women unfettered access to women's lockers, showers, and bathrooms.
Heritage Foundation recommendation to vote NO: (5/25/2016): Congress should not be elevating sexual orientation and gender identity as a protected class garnering special legal privileges, which is the intent of the Maloney Amendment. The Maloney Amendment constitutes bad policy that unnecessarily regulates businesses. It risks undoing longstanding protections in civil rights law and makes clear that the president's orders are not exempt from them.
ACLU recommendation to vote YES: (5/11/2016): We see today claims to a right to discriminate--by refusing to provide services to LGBT people--based on religious objections. Claiming a right to discriminate in the name of religion is not new. In the 1960s, we saw objections to laws requiring integration in restaurants because of sincerely held beliefs that God wanted the races to be separate. We saw religiously affiliated universities refuse to admit students who engaged in interracial dating. In those cases, we recognized that requiring integration was not about violating religious liberty; it was about ensuring fairness. It's no different today.
Religious freedom in America means that we all have a right to our religious beliefs, but this does not give us the right to use our religion to impose those beliefs on others.
Legislative outcome: Amendment passed by the House 223-195-15 4/26/16; overall bill H.R.5055 failed 112-305-16 on 5/26/2016
Congressional Summary: Amends the Defense of Marriage Act to let states recognize same sex marriage. Defines "marriage" to provide that an individual shall be considered married if that individual's marriage is valid in the state or country where the marriage was entered into. Removes the definition of "spouse" (currently, a person of the opposite sex who is a husband or a wife).
Wikipedia and GLAAD history: In United States v. Windsor (2013), the U.S. Supreme Court declared Section 3 of DOMA unconstitutional under the Due Process Clause of the Fifth Amendment. Obergefell v. Hodges (2015) struck down the act's provisions disallowing same-sex marriages to be performed under federal jurisdiction. The Supreme Court case did not challenge Section 2 of DOMA. Section 2 declares that all states have the right to deny recognition of the marriage of same sex couples that originated in states where they are legally recognized.
Heritage Foundation recommendation to vote NO: (3/20/2013): Americans respect marriage, not only as a crucial institution of civil society but the fundamental building block of all human civilization. This is why 41 states and the federal government affirm that marriage is between a man and a woman. The government isn't in the business of affirming our loves. Rather it leaves consenting adults free to live and love as they choose. And contrary to what some say, there is no ban on same-sex marriage. In all 50 states, two people of the same sex may choose to live together, and choose to join a religious community that blesses their relationship. What's at issue is whether the government will recognize such relationships as marriages--and compel others to recognize and affirm same-sex relationships as marriages.
Legislative outcome: Died in Committee (never came to a vote).
H.J.Res.17: Removing the deadline for the ratification of the equal rights amendment: This joint resolution eliminates the deadline for the ratification of the ERA, which prohibits discrimination based on sex. The amendment was proposed to the states in House Joint Resolution 208 of the 92nd Congress, as agreed to in the Senate on March 22, 1972. The amendment shall be part of the Constitution whenever ratified by the legislatures of three-fourths of the states.
Opinion to vote YES (Rep. Terri Sewell (D-AL-7): The ERA was first proposed in 1923, shortly after women gained the right to vote. [The original] 1979 deadline was later extended before it expired. By the end of 1982, 35 of the 38 required state legislatures had voted to ratify the ERA. Nevada ratified the ERA in 2017, Illinois in 2018 and, in January 2020, Virginia became the 38th and final state required to ratify it. If passed in the Senate, H.J. Res. 79 would remove the arbitrary 1982 deadline.
Opinion to vote NO (Rep. Doug LaMalfa (R-CA-1): H. J. Res 17 would retroactively remove the deadline for the ratification of the Equal Rights Amendment. Regardless of your thoughts on the ERA, the deadline for the states to ratify the amendment expired four decades ago. By passing this resolution, House Democrats are virtue signaling and trying to take a shortcut around what is required in our constitutional amendment process. Those who want to pass an ERA will need to start this process from the beginning. Today's vote mocks the intentionally high bar set by our Founders to make changes to our precious Constitution.
Legislative Outcome: Passed House 222-204-4 on 03/17/2021; received in the Senate and read on 3/23. [OnTheIssues notes on the duration for ratification that the 27th Amendment to the United States Constitution was passed by Congress in 1789 and was ratified by 3/4 of the States and became law in 1992, a ratification period of 202 years].
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Kevin de Leon
Tom Del Beccaro
Open Seats / Turnovers 2022:
AL-5: Mo Brooks (R) running for AL Senator
CA-37: Karen Bass (D) running for mayor of Los Angeles
FL-10: Val Demings (D) running for FL Senator
FL-13: Charlie Crist (D) running for FL governor
HI-2: Kai Kahele (D) running for MD governor
MD-4: Anthony G. Brown (D) running for attorney general of Maryland
MO-4: Vicky Hartzler (R) running for MO Senator
MO-7: Billy Long (R) running for MO Senator
NY-1: Lee Zeldin (R) running for NY governor
NY-3: Thomas Suozzi (D) running for NY governor
NC-8: Ted Budd (R) running for NC Senator
NC-11: Madison Cawthorn (R) Incumbent lost renomination
OH-13: Tim Ryan (D) running for OH Senator
OK-2: Markwayne Mullin (R) running for OK Senator
OR-5: Kurt Schrader (D) Incumbent lost renomination
PA-17: Conor Lamb (D) running for PA Senator
SC-7: Tom Rice (R) Incumbent lost renomination
TX-1: Louie Gohmert (R) running for attorney general of Texas
VT-0: Peter Welch (D) running for VT Senator
Special Elections 2021:
LA-2: Troy Carter (R, April 2021)
LA-5: Julia Letlow (R, March 2021)
NM-1: Melanie Stansbury (D, June 2021)
OH-11: Shontel Brown (D, Nov. 2021)
OH-15: Mike Carey (R, Nov. 2021)
TX-6: Jake Ellzey (R, July 2021)
Hot Races 2022:
CA-27: Christy Smith (D) vs. Mike Garcia (R)
FL 27: Annette Taddeo (D) vs. Maria Elvira Salazar (R)
GA-7: Carolyn Bourdeaux (D) lost redistricting race to Lucy McBath (D)
GA-10: Vernon Jones(R) vs. Paul Broun (R,lost May 24 primary) to replace Jody Hice (R) running for Secretary of GA
ME-2: Bruce Poliquin (R) rematch against Jared Golden (D)
MI-10: John James (R) - running for newly redistricted seat
MI-11: Andy Levin (D) redistricted to face Haley Stevens (D)
MT 1: Ryan Zinke (R) - running for newly created seat
MT-2: Al Olszewski(R) vs. Sam Rankin(Libertarian) vs. Matt Rosendale(R)
NJ-7: Thomas Kean Jr. (R) challenging Tom Malinowski (R)
NY-10: Bill de Blasio (D) challenging Mondaire Jones (D)
NY-11: Max Rose (D) challenging Nicole Malliotakis (R)
NY 12: Carolyn Maloney (D) redistricted to face Jerry Nadler (D)
RI-2: Seth Magaziner (D) vs. Allan Fung (R)
RI-1: Allen Waters (R) vs. David Cicilline (D)
TX-34: Mayra Flores (R) - Elected SPEL June 2022; general election Nov. 2022 against Vicente Gonzalez (D)
WA-4: Brad Klippert (R) challenging Dan Newhouse (R)
WV-2: David McKinley lost a redistricting race to fellow incumbent Alex Mooney
Special Elections 2022:
AK-0: Sarah Palin (R) vs. Al Gross (Independent)
CA-22: Connie Conway (R) replaced Devin Nunes on June 7.
FL-20: Sheila Cherfilus-McCormick (D) replaced Alcee Hastings on Jan. 11.
MN-1: vacancy left by Jim Hagedorn (R), deceased Feb. 17; SPEL on August 9.
NE-1: Jeffrey Fortenberry (R) Resigned on March 31, after being convicted; Mike Flood (R) in SPEL on June 28.
NY-19: Marc Molinaro (R) running for SPEL Aug. 23 for seat vacated by Antonio Delgado (D), now Lt.Gov.
TX-34: Mayra Flores (R) SPEL June 14 for seat vacated by Filemon Vela Jr. (D)