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Tom McClintock on Civil Rights

2004 former Republican Challenger CA Governor

 


Prop 54 makes the government stop classifying people by race

I’m the only candidate on this platform who supports Proposition 54, which simply says that our government has got to stop classifying us by race. It doesn’t matter what race you are. The government should treat everyone exactly the same. This nation’s best is when we are all one race, an American race. And this business of government classifying us according to different ethnic groups, different racial categories, that is abhorrent to the whole concept of one great American people.
Source: Recall Debate, Cal. State Univ. at Sacramento , Sep 24, 2003

Giving driver’s licenses to illegal immigrants is unfair

This nation has the most generous immigration policies of any nation in the world. Illegal immigration undermines that process of legal immigration that’s the strength of our nation. There are millions of people who are willing to abide by our immigration laws to come to this nation, become Americans and see their children grow up and prosper as Americans. Illegal immigration is the process of cutting in line in front of them. And I don’t believe that we should be rewarding such behavior. Illegal immigration is costing this state $4 billion in direct costs out of our state treasury by the most conservative estimates available. We have got to assure that our immigration laws are enforced. I led the opposition to the measure on giving driver’s licenses to illegal immigrants, because it undermines the enforcement of our immigration laws.
Source: Recall Debate, Cal. State Univ. at Sacramento , Sep 24, 2003

Strong supporter of Prop 54: Govt should be color-blind

Q: Do you support Proposition 54, which prohibits local governments from collecting race related data?

McCLINTOCK: I strongly support proposition 54. I believe our government should be color-blind. I do not believe that a person’s skin color should determine how their government treats them.

Source: Recall debate in Walnut Creek , Sep 3, 2003

No legal rights for same-sex couples

Q: Do you support the bill to give same-sex couples most of the same legal benefits as married couples?

McCLINTOCK: I would veto it. I do not care what people do in the privacy of their own homes. But I draw the line when they ask the government to approve or disapprove it of it.

Source: Recall debate in Walnut Creek , Sep 3, 2003

Pledge of Allegiance court case is central to America

Words matter. Ideas matter. And symbols matter. The public furor over the Pledge of Allegiance must not be devalued as a mere defense of harmless deistic references and quaint old customs. The principle at stake is central to the very foundation of America and the very survival of its freedoms. If the source of our fundamental rights is not God, then the source becomes man-or more precisely, a government of men. And rights that can be extended by government may also be withdrawn by government.
Source: State Senate website, www.sen.ca.gov, “Issues Directory” , Jul 3, 2002

Hispanic children are forced into bilingual education

California children with Hispanic surnames today are forced into bilingual programs, often against the parents’ wishes, to be instructed in the child’s “native” language. Bureaucrats have every reason to ignore parental pleas: bilingual teachers are paid as much as $5,000 more than their counterparts in a multi-billion dollar, multi-cultural scam.
Source: State Senate website, www.sen.ca.gov, “Issues Directory” , Sep 27, 1997

Voted NO on reauthorizing the Violence Against Women Act.

Congressional Summary:
    Amends the Violence Against Women Act of 1994 (VAWA) to add or expand definitions of several terms used in such Act, including :
  1. "culturally specific services" to mean community-based services that offer culturally relevant and linguistically specific services and resources to culturally specific communities;
  2. "personally identifying information" with respect to a victim of domestic violence, dating violence, sexual assault, or stalking;
  3. "underserved populations" as populations that face barriers in accessing and using victim services because of geographic location, religion, sexual orientation or gender identity; and
  4. "youth" to mean a person who is 11 to 24 years old.

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.

Reference: Violence Against Women Reauthorization Act; Bill H.R.11 ; vote number 13-HV055 on Feb 28, 2013

State definition of marriage supersedes federal gay marriage.

McClintock co-sponsored State Marriage Defense Act

Congressional summary::Prohibits any interpretation of US administrative agencies, as applied with respect to individuals domiciled in a state of the United States:

  1. the term "marriage" from including any relationship that the state does not recognize as a marriage; and
  2. the term "spouse" from including an individual who is a party to a relationship that is not recognized as a marriage by that state.

Opponent's argument against (CNN.com Feb. 8 report on Attorney General Eric Holder's action which prompted this bill): In a major milestone for gay rights, the US government expanded recognition of same-sex marriages in federal legal matters, including bankruptcies, prison visits and survivor benefits. "It is the Justice Department's policy to recognize lawful same-sex marriages as broadly as possible, to ensure equal treatment for all members of society regardless of sexual orientation," Attorney General Eric Holder said. The federal expansion includes 34 states where same-sex marriage isn't legal. For example, a same-sex couple legally married in Massachusetts can now have a federal bankruptcy proceeding recognized in Alabama, even though it doesn't allow same-sex marriages.

Proponent's argument in favor (Washington Post Feb. 13 reporting on Sen. Ted Cruz): If passed, the bill would cede marriage definition to states for federal purposes, which would effectively reverse the gains same-sex couples made after the Defense of Marriage Act was overturned by the Supreme Court in June 2013. Cruz said, "I support traditional marriage. The federal government has tried to re-define marriage, and to undermine the constitutional authority of each state to define marriage consistent with the values of its citizens. The Obama Administration should not be trying to force gay marriage on all 50 states."

Source: H.R.3829 & S. 2024 14-H3829 on Jan 9, 2014

Religious objections to GLBT services same as 1960s racism.

McClintock voted NAY H.Amdt. 1128 to H.R. 5055

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

Source: Congressional vote 16-H5055 on May 25, 2016

Keep deadline for ratifying Equal Rights Amendment.

McClintock voted NAY Removing deadline for ERA ratification

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].

Source: Congressional vote 21-HJR17 on Jan 21, 2021

2021-22 Governor, House and Senate candidates on Civil Rights: Tom McClintock on other issues:
CA Gubernatorial:
Antonio Villaraigosa
Brian Dahle
Caitlyn Jenner
Carly Fiorina
David Hadley
Delaine Eastin
Doug Ose
Eric Garcetti
Eric Swalwell
Gavin Newsom
Hilda Solis
Jerry Brown
Jerry Sanders
John Chiang
John Cox
Kamala Harris
Kevin Faulconer
Kevin Paffrath
Larry Elder
Laura Smith
Neel Kashkari
Travis Allen
Xavier Becerra
CA Senatorial:
Dianne Feinstein
Duf Sundheim
Greg Brannon
Kamala Harris
Kevin de Leon
Loretta Sanchez
Michael Eisen
Rocky Chavez
Tom Del Beccaro
Republican Freshman class of 2021:
AL-1: Jerry Carl(R)
AL-2: Barry Moore(R)
CA-8: Jay Obernolte(R)
CA-50: Darrell Issa(R)
CO-3: Lauren Boebert(R)
FL-3: Kat Cammack(R)
FL-15: Scott Franklin(R)
FL-19: Byron Donalds(R)
GA-9: Andrew Clyde(R)
GA-14: Marjorie Taylor Greene(R)
IA-2: Mariannette Miller-Meeks(R)
IA-4: Randy Feenstra(R)
IL-15: Mary Miller(R)
IN-5: Victoria Spartz(R)
KS-1: Tracey Mann(R)
KS-2: Jake LaTurner(R)
LA-5: Luke Letlow(R)
MI-3: Peter Meijer(R)
MI-10: Lisa McClain(R)
MT-0: Matt Rosendale(R)
NC-11: Madison Cawthorn(R)
NM-3: Teresa Leger Fernandez(D)
NY-2: Andrew Garbarino(R)
NY-22: Claudia Tenney(R)
OR-2: Cliff Bentz(R)
PR-0: Jenniffer Gonzalez-Colon(R)
TN-1: Diana Harshbarger(R)
TX-4: Pat Fallon(R)
TX-11: August Pfluger(R)
TX-13: Ronny Jackson(R)
TX-17: Pete Sessions(R)
TX-22: Troy Nehls(R)
TX-23: Tony Gonzales(R)
TX-24: Beth Van Duyne(R)
UT-1: Blake Moore(R)
VA-5: Bob Good(R)
WI-5: Scott Fitzgerald(R)
Incoming Democratic Freshman class of 2021:
CA-53: Sara Jacobs(D)
GA-5: Nikema Williams(D)
GA-7: Carolyn Bourdeaux(D)
HI-2: Kai Kahele(D)
IL-3: Marie Newman(D)
IN-1: Frank Mrvan(D)
MA-4: Jake Auchincloss(D)
MO-1: Cori Bush(D)
NC-2: Deborah Ross(D)
NC-6: Kathy Manning(D)
NY-15: Ritchie Torres(D)
NY-16: Jamaal Bowman(D)
NY-17: Mondaire Jones(D)
WA-10: Marilyn Strickland(D)

Republican takeovers as of 2021:
CA-21: David Valadao(R) defeated T.J. Cox(D)
CA-39: Young Kim(R) defeated Gil Cisneros(D)
CA-48: Michelle Steel(R) defeated Harley Rouda(D)
FL-26: Carlos Gimenez(R) defeated Debbie Mucarsel-Powell(D)
FL-27: Maria Elvira Salazar(R) defeated Donna Shalala(D)
IA-1: Ashley Hinson(R) defeated Abby Finkenauer(D)
MN-7: Michelle Fischbach(R) defeated Collin Peterson(D)
NM-2: Yvette Herrell(R) defeated Xochitl Small(D)
NY-11: Nicole Malliotakis(R) defeated Max Rose(D)
OK-5: Stephanie Bice(R) defeated Kendra Horn(D)
SC-1: Nancy Mace(R) defeated Joe Cunningham(D)
UT-4: Burgess Owens(R) defeated Ben McAdams(D)

Special Elections 2021-2022:
CA-22: replacing Devin Nunes (R, SPEL summer 2022)
FL-20: replacing Alcee Hastings (D, SPEL Jan. 2022)
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)
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Page last updated: Jun 08, 2022; copyright 1999-2022 Jesse Gordon and OnTheIssues.org