Kurt Schrader on Civil Rights
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.
Prohibits employment discrimination on the basis of actual or perceived sexual orientation or gender identity by covered entities (employers, employment agencies, labor organizations, or joint labor-management committees). Prohibits preferential treatment or quotas. Allows only disparate treatment claims. Prohibits related retaliation.
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].
|2021-22 Governor, House and Senate candidates on Civil Rights:||Kurt Schrader on other issues:|
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)
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