Jeff Bingaman on Civil Rights
Democratic Sr Senator (NM)
Voted NO on recommending Constitutional ban on flag desecration.
The Senate voted on a resolution which would recommend a Constitutional Amendment banning flag desecration (not a vote on the Amendment itself). The resolution states:
- the flag of the US is a unique symbol of national unity...
- the Bill of Rights should not be amended in a manner that could be interpreted to restrict freedom...
- abuse of the flag causes more than pain and distress... and may amount to fighting words...
- destruction of the flag of the US can be intended to incite a violent response rather than make a political statement and such conduct is outside the protections afforded by the first amendment to the Constitution.
Proponents of the Resolution say:
- Fifty State legislatures have called on us to pass this amendment. This amendment simply says that "Congress shall have power to prohibit the physical desecration of the flag of the United States."
- In other words, in passing this amendment, we would give to
Congress the power that the Supreme Court took away in 1989.
- 48 States had anti-desecration measures on the books before 1989. It was then that five unelected judges told those 48 sovereign entities that they were wrong.
Opponents of the Resolution say:
Reference: Flag Desecration Amendment;
; vote number 2006-189
on Jun 27, 2006
- I am deeply offended when people burn or otherwise abuse this precious national symbol.
- I also believe that the values and beliefs that the American flag represents are more important than the cloth from which this symbol was created.
- Prominent among these beliefs are the right to voice views that are unpopular, and the right to protest.
- I oppose this amendment not because I condone desecration of our flag, but because I celebrate the values our flag represents. Flag burning is despicable. However, the issue is whether we should amend our great charter document, the Constitution, to proscribe it.
- Is this a problem needing such strong medicine? Are we facing an epidemic of flag burnings?
Voted NO on constitutional ban of same-sex marriage.
Voting YES implies support for amending the constitution to ban same-sex marriage. This cloture motion to end debate requires a 3/5th majority. A constitutional amendment requires a 2/3rd majority. The proposed amendment is:
Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman.
Reference: Marriage Protection Amendment;
Bill S. J. Res. 1
; vote number 2006-163
on Jun 7, 2006
Voted YES on adding sexual orientation to definition of hate crimes.
Motion to Invoke Cloture on S. 625; Local Law Enforcement Enhancement Act of 2001. The bill would expand the definition of hate crimes to incorporate acts committed because of a victim's sex, sexual orientation or disability and permit the federal government to help states prosecute hate crimes even if no federally protected action was implicated. If the cloture motion is agreed to, debate will be limited and a vote will occur. If the cloture motion is rejected debate could continue indefinitely and instead the bill is usually set aside. Hence a Yes vote supports the expansion of the definition of hate crimes, and a No vote keeps the existing definition. Three-fifths of the Senate, or 60 members, is required to invoke cloture.
; vote number 2002-147
on Jun 11, 2002
Voted YES on loosening restrictions on cell phone wiretapping.
Motion to table (kill) the amendment that would provide that in order to conduct roving surveillance, the person implementing the order must ascertain that the target of the surveillance is present in the house or is using the phone that has been tapped.
; vote number 2001-300
on Oct 11, 2001
Voted YES on expanding hate crimes to include sexual orientation.
Vote on an amendment that would expand the definition of hate crimes to include gender, sexual orientation and disability. The previous definition included only racial, religious or ethnic bias.
; vote number 2000-136
on Jun 20, 2000
Voted YES on setting aside 10% of highway funds for minorities & women.
Vote to table, or kill, an amendment to repeal the Disadvantaged Business Enterprise [DBE] Program, which requires no less than 10% of highway construction projects funded by the federal government to be contracted to 'disadvantaged business enterprises'
; vote number 1998-23
on Mar 6, 1998
Voted NO on ending special funding for minority & women-owned business.
This legislation would have abolished a program that helps businesses owned by women or minorities compete for federally funded transportation.
Status: Cloture Motion Rejected Y)48; N)52
Reference: Motion to invoke cloture;
; vote number 1997-275
on Oct 23, 1997
Voted YES on prohibiting same-sex marriage.
The Defense of Marriage Act (DOMA): Vote to prohibit marriage between members of the same sex in federal law, and provide that no state is required to recognize same-sex marriages performed in other states. Define 'marriage' as 'between one man and one woman.'
Bill HR 3396
; vote number 1996-280
on Sep 10, 1996
Voted YES on prohibiting job discrimination by sexual orientation.
Would have prohibited job discrimination based on sexual orientation.
Status: Bill Defeated Y)49; N)50; NV)1
Reference: Employment Non-Discrimination Act;
Bill S. 2056
; vote number 1996-281
on Sep 10, 1996
Voted NO on Amendment to prohibit flag burning.
Approval of a constitutional amendment which would prohibit desecration or burning of the U.S. flag.
Status: Joint Res. Defeated Y)63; N)36
Reference: Flag Desecration Bill;
Bill S. J. Res. 31
; vote number 1995-600
on Dec 12, 1995
Voted NO on banning affirmative action hiring with federal funds.
Vote to disallow any funds in the Legislative Appropriations bill from being used to award, require, or encourage any Federal contract, if the contract is being awarded on the basis of the race, color, national origin, or gender of the contractor.
Bill HR 1854
; vote number 1995-317
on Jul 20, 1995
Rated 60% by the ACLU, indicating a mixed civil rights voting record.
Bingaman scores 60% by the ACLU on civil rights issues
The mission of the ACLU is to preserve protections and guarantees America’s original civic values - the Constitution and the Bill of Rights:
We work also to extend rights to segments of our population that have traditionally been denied their rights, including Native Americans and other people of color; lesbians, gay men, bisexuals and transgendered people; women; mental-health patients; prisoners; people with disabilities; and the poor. If the rights of society’s most vulnerable members are denied, everybody’s rights are imperiled.
- Your First Amendment rights-freedom of speech, association and assembly. Freedom of the press, and freedom of religion supported by the strict separation of church and state.
- Your right to equal protection under the law - equal treatment regardless of race, sex, religion or national origin.
- Your right to due process - fair treatment by the government whenever the loss of your liberty or property is at stake.Your right to privacy - freedom from unwarranted government intrusion into your personal and private affairs.
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.
Source: ACLU website 02n-ACLU on Dec 31, 2002
Increase subsidies for women-owned non-profit business.
Bingaman co-sponsored the Women's Business Center Safeguard Act
Amends the Small Business Act with respect to the women's business centers program to provide Small Business Administration funding authority for nonprofit organizations conducting projects for the benefit of small businesses owned and controlled by women. Increases from 30 to 54 the percentage of appropriated women's business center funds to be used during FY 2004 for sustained women's business center projects.
Source: Bill sponsored by 11 Senators 03-S2266 on Mar 31, 2004
Sponsored bill for special-needs evacuation plans.
Bingaman introduced including special-needs people in emergency evacuation plans
OFFICIAL CONGRESSIONAL SUMMARY: A bill to ensure the evacuation of individuals with special needs in times of emergency.
SPONSOR'S INTRODUCTORY REMARKS: Sen. OBAMA: One of the most striking things about the devastation caused by Hurricane Katrina is that the majority of stranded victims were our society's most vulnerable members--low-income families, the elderly, the homeless, the disabled. Many did not own cars. Many believed themselves unable to flee the city, unable to forego the income from missed work, unable to incur the expenses of travel, food and lodging. Some may have misunderstood the severity of the warnings, if they heard the warnings at all. Some may have needed help that was unavailable. Whatever the reason, they were not evacuated and we have seen the horrific results.
This failure to evacuate so many of the most desperate citizens of the
Gulf Coast leads me to introduce today a bill to require states and the nation to consider the needs of our neediest citizens in times of emergency. It appears that certain assumptions were made in planning and preparing for the worst case scenario in the Gulf Coast. After all, most of those who could afford to evacuate managed to do so. They drove out of town and checked into hotels or stayed with friends and family. But what about the thousands of people left behind because they had special needs?
Communities with special needs may be more challenging to accommodate, but they are every bit as important to protect and serve in the event of an emergency. What we saw in the Gulf Coast cannot be repeated. We may not be able to control the wrath of Mother Nature, but we can control how we prepare for natural disasters.
LEGISLATIVE OUTCOME:Referred to Senate Committee on Homeland Security and Governmental Affairs; never came to a vote.
Source: Emergency planning bill (S.1685) 05-S1685 on Sep 12, 2005
Issue a commemorative postage stamp of Rosa Parks.
Bingaman co-sponsored issuing a commemorative postage stamp of Rosa Parks
EXCERPTS OF RESOLUTION:
LEGISLATIVE OUTCOME:Referred to Senate Committee on Homeland Security and Governmental Affairs; never came to a vote.
Source: Rosa Parks Stamp (S.2154/H.R.4343) 05-S2154 on Dec 20, 2005
- Whereas in 1955, Rosa Parks's quiet, courageous act changed the United States and its view of African Americans, and redirected the course of history;
- Whereas at that time, in Montgomery, Alabama, as in other cities in the Deep South, the treatment of African Americans on public buses had long been a source of resentment within the African American community;
- Whereas White busdrivers, who were invested with police powers, frequently harassed African Americans;
- Whereas on December 1, 1955, Rosa Parks took her seat in the front of the 'Colored' section of a Montgomery bus, but was asked, along with 3 other African Americans, to relinquish her seat to a White passenger;
- Whereas although the 3 other African American passengers relinquished their seats, Rosa Parks refused to do so, and was arrested for that refusal;
Whereas because Rosa Parks's act of disobedience launched the Montgomery bus boycott, which lasted for 381 days and propelled the civil rights movement into the national consciousness, she is widely known as the mother of the civil rights movement; and
- Now, therefore, be it Resolved that it is the sense of Congress that the United States Postal Service should issue a commemorative postage stamp honoring the late Rosa Parks.
Rated 89% by the HRC, indicating a pro-gay-rights stance.
Bingaman scores 89% by the HRC on gay rights
OnTheIssues.org interprets the 2005-2006 HRC scores as follows:
About the HRC (from their website, www.hrc.org):
- 0% - 20%: opposes gay rights (approx. 207 members)
- 20% - 70%: mixed record on gay rights (approx. 84 members)
- 70%-100%: supports gay rights (approx. 177 members)
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.
Source: HRC website 06n-HRC on Dec 31, 2006
Rated 89% by the NAACP, indicating a pro-affirmative-action stance.
Bingaman scores 89% by the NAACP on affirmative action
OnTheIssues.org interprets the 2005-2006 NAACP scores as follows:
About the NAACP (from their website, www.naacp.org):
- 0% - 33%: anti-affirmative-action stance (approx. 177 members)
- 34% - 84%: mixed record on affirmative-action (approx. 96 members)
- 85%-100%: pro-affirmative-action stance (approx. 190 members)
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.
Source: NAACP website 06n-NAACP on Dec 31, 2006
Recognize Juneteenth as historical end of slavery.
Bingaman co-sponsored recognizing Juneteenth as historical end of slavery
A resolution recognizing the historical significance of Juneteenth Independence Day and expressing that history should be regarded as a means for understanding the past and solving the challenges of the future.
Recognizes the historical significance to the nation, and supports the continued celebration, of Juneteenth Independence Day (June 19, 1865, the day Union soldiers arrived in Galveston, Texas, with news that the Civil War had ended and that the enslaved African Americans were free). Declares the sense of Congress that:
Legislative Outcome: House versions are H.CON.RES.155 and H.RES.1237; related Senate resolution S.RES.584 counts for sponsorship. Resolution agreed to in Senate, by Unanimous Consent.
Source: S.RES.584 08-SR584 on Jun 4, 2008
- history should be regarded as a means for understanding the past and solving the challenges of the future; and
- the celebration of the end of slavery is an important and enriching part of the history and heritage of the United States.
ENDA: prohibit employment discrimination for gays.
Bingaman signed H.R.3017&S.1584
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.
Makes this Act inapplicable to:
Source: Employment Non-Discrimination Act 09-HR3017 on Jun 24, 2009
- religious organizations; and
- the relationship between the United States and members of the Armed Forces.
Prohibit sexual-identity discrimination at schools.
Bingaman signed Student Non-Discrimination Act
Student Non-Discrimination Act of 2011:
Source: HR.998&S.555 11-S0555 on Mar 10, 2011
- Prohibits public school students from being excluded from participating in, or subject to discrimination under, any federally-assisted educational program on the basis of their actual or perceived sexual orientation or gender identity or that of their associates.
- Considers harassment to be a form of discrimination.
- Prohibits retaliation against anyone for opposing conduct they reasonably believe to be unlawful under this Act.
- Authorizes federal departments and agencies to enforce these prohibitions by cutting off the educational assistance of recipients found to be violating them.
Allows an aggrieved individual to assert a violation of this Act in a judicial proceeding and recover reasonable attorney's fees should they prevail.
- Deems a state's receipt of federal educational assistance for a program to constitute a waiver of sovereign immunity for conduct prohibited under this Act regarding such program.
Reinforce anti-discrimination and equal-pay requirements.
Bingaman co-sponsored reinforcing anti-discrimination and equal-pay requirements
A bill to restore, reaffirm, and reconcile legal rights and remedies under civil rights statutes. Amends the Civil Rights Act of 1964 for:
- establishing discrimination based on disparate impact; and
- rights of action and recovery for unlawful discrimination.
Source: Civil Rights Act of 2008 (S.2554&H.R.5129) 2008-S2554 on Jan 24, 2008
- Authorizes civil actions in federal court for discrimination based on disability.
- Repeals provisions limiting the amount of compensatory and punitive damages that may be awarded in cases of intentional discrimination in employment.
- Revises provisions governing discrimination in the payment of wages, including equal pay requirements.
Page last updated: Feb 22, 2012