Tom Udall on Civil Rights Democratic Jr Senator; previously Representative (NM-3)

Pushed for years on wage gap between men and women

Voted YES on reauthorizing the Violence Against Women Act.

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.

Voted YES on prohibiting job discrimination based on sexual orientation.

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].

Voted NO on Constitutionally defining marriage as one-man-one-woman.

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.

Voted NO on making the PATRIOT Act permanent.

• Assigning three judges to hear individuals' petitions concerning improper requests by the FBI for library circulation records, library patron lists, book sales records, book customer lists, and other records
• Reporting every year the number of library records orders that are granted, modified, or denied
• Allows Internet service providers to disclose their subscribers information and the contents of their communications to a government entity, if they believe there is “immediate danger of death or serious physical injury”
• Requires that any court that allows a “roving wiretap” under the Foreign Intelligence Surveillance Act (FISA) must describe in great detail the intended target whose identity is not known
• Allows individuals and businesses to seek legal counsel if they have received a National Security Letter from the FBI requiring them to disclose financial information and records

Voted NO on Constitutional Amendment banning same-sex marriage.

Voted NO on protecting the Pledge of Allegiance.

Voted NO on constitutional amendment prohibiting flag desecration.

Voted NO on banning gay adoptions in DC.

Shift from group preferences to economic empowerment of all.

Strengthen America’s Common Civic Culture
The more ethnically and culturally diverse America becomes, the harder we must all work to affirm our common civic culture -- the values and democratic institutions we share and that define our national identity as Americans. This means we should resist an “identity politics” that confers rights and entitlements on groups and instead affirm our common rights and responsibilities as citizens. Multiethnic democracy requires fighting discrimination against marginalized groups; empowering the disadvantaged to join the economic, political, and cultural mainstream; and respecting diversity while insisting that what we have in common as Americans is more important than how we differ. One way to encourage an ethic of citizenship and mutual obligation is to promote voluntary national service. If expanded to become available to everyone who wants to participate, national service can help turn the strong impulse toward volunteerism among our young people into a major resource in addressing our social problems. It will also help revive a sense of patriotism and national unity at a time when military service is no longer the common experience of young Americans.

Goals for 2010
• Reduce discrimination based on race, gender, national background, religion, age, disability, or sexual orientation.
• Shift the emphasis of affirmative action strategies from group preferences to economic empowerment of all disadvantaged citizens.
• Expand the AmeriCorps national service program so that everyone willing to serve can serve -- with 1 million participants enrolled by the end of the decade.
• Promote character education in all public schools.

Constitutional Amendment for equal rights by gender.

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.

Establish a national holiday honoring Native Americans.

Expressing the sense of the House of Representatives that schools across the Nation should teach about the role of Native Americans in American history and culture and lead community service projects that further that education; and that there should be a legal public holiday honoring Native Americans.

Rated 93% by the ACLU, indicating a pro-civil rights voting record.

The mission of the ACLU is to preserve protections and guarantees America’s original civic values - the Constitution and the Bill of Rights:
• 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.

Rated 75% by the HRC, indicating a pro-gay-rights stance.

OnTheIssues.org interprets the 2005-2006 HRC scores as follows:

• 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.

Rated 97% by the NAACP, indicating a pro-affirmative-action stance.

OnTheIssues.org interprets the 2005-2006 NAACP scores as follows:

• 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.

ENDA: prohibit employment discrimination for gays.

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:
1. religious organizations; and
2. the relationship between the United States and members of the Armed Forces.

Prohibit sexual-identity discrimination at schools.

Student Non-Discrimination Act of 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.

Enforce against wage discrimination based on gender.

Congress finds the following:
1. Women have entered the workforce in record numbers over the past 50 years.
2. Despite the enactment of the Equal Pay Act in 1963, many women continue to earn significantly lower pay than men for equal work. These pay disparities exist in both the private and governmental sectors. In many instances, the pay disparities can only be due to continued intentional discrimination or the lingering effects of past discrimination.
3. The existence of such pay disparities depresses the wages of working families who rely on the wages of all members of the family to make ends meet; and undermines women's retirement security.
4. Artificial barriers to the elimination of discrimination in the payment of wages on the basis of sex continue to exist decades after the enactment of the Fair Labor Standards Act of 1938. These barriers have resulted because the Equal Pay Act has not worked as Congress originally intended.
5. The Department of Labor and the Equal Employment Opportunity Commission have important and unique responsibilities to help ensure that women receive equal pay for equal work.
6. The Department of Labor is responsible for investigating and prosecuting equal pay violations, especially systemic violations, and in enforcing all of its mandates.
7. The Equal Employment Opportunity Commission is the primary enforcement agency for claims made under the Equal Pay Act.
8. With a stronger commitment [to enforcement], increased information on wage data and more effective remedies, women will be better able to recognize and enforce their rights.
9. Certain employers have already made great strides in eradicating unfair pay disparities in the workplace and their achievements should be recognized.

Enforce against anti-gay discrimination in public schools.

Congressional Summary:

• 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 made 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.

  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."

  Source: H.R.1652 / S.1088 13-S1088 on Jun 4, 2013

  Let states recognize same sex marriage.

  Udall signed Respect for Marriage Act

  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).

  Source: S.29 & H.197 17-S0029 on Jan 6, 2015

  Re-introduce the Equal Rights Amendment.

  Udall co-sponsored re-introducing the Equal Rights Amendment
  A joint resolution proposing an amendment to the Constitution of the United States relative to equal rights for men and women, which shall be part of the Constitution when ratified by the legislatures of 3/4 of the States:
  • Section 1.Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
  • Section 2.The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
  • Section 3.This article shall take effect 2 years after the date of ratification.
  Sen. KENNEDY. "It's a privilege to join my colleagues in reintroducing the Equal Rights Amendment to the Constitution. The ERA is essential to guarantee that the freedoms protected by our Constitution apply equally to men and women. From the beginning of our history as a Nation, women have had to wage a constant, long and difficult battle to win the same basic rights granted to men. That battle goes on today, since discrimination still continues in many ways.

  "Despite passage of the Equal Pay Act & the Civil Rights Act in the 1960s, discrimination against women continues to permeate the workforce and many areas of the economy. Today, women earn about 77 cents for each dollar earned by men, and the gap is even greater for women of color. More than 60% of working women are still clustered in a narrow range of traditionally female, traditionally low-paying occupations, and female-headed households continue to dominate the bottom rungs of the economic ladder.

  "A stronger effort is clearly needed to finally live up to our commitment of full equality. The ERA alone cannot remedy all discrimination, but it will clearly strengthen the ongoing efforts of women across the country to obtain equal treatment.

  "We know from the failed ratification experiences of the past that amending the Constitution to include the ERA will not be easy to achieve. But the women of America deserve no less."

  Source: Equal Rights Amendment (S.J.RES.10/H.J.RES.40) 2007-SJR10 on Mar 29, 2007

  Supported funding for women's and disadvantaged businesses.

  Udall co-sponsored the Women's Caucus policy agenda:
  The teams of the Women’s Caucus are charged with advancing action on their designated issues in a bipartisan manner. Legislation from Team 9: WOMEN IN BUSINESS:
  • HR413—PRIME Act—Grant program. Authorizes qualified organizations to provide technical assistance and capacity building services to microenterprise development organizations and programs and to disadvantaged entrepreneurs using funds from the Community Development Financial Institutions Fund (Rush/Leach)
  • HR1496—Small Business Access and Choice for Entrepreneurs (ACE) Act—A bill to help reduce the number of uninsured self-employed persons, and their employees, by giving them better access to affordable health care options. This bi-partisan bill includes Association Health Plans (AHPs) and 100% tax deductibility of health care costs for the self- employed. AHPs allow the small businesses to join together through their trade associations to obtain the purchasing clout and administrative efficiency that employees of large employers currently enjoy. The ACE Act also includes a provision for 100% deductibility of health insurance costs for the self-employed. Currently, the self- employed are allowed only a 60% deduction, while large businesses enjoy a full 100% deduction. (Talent/Dooley)
  • HR1497—Women’s Business Centers Sustainability Act of 1999—A bill to amend the Small Business Act with respect to the women’s business center program. (Udall-NM) H.RES. 15—A resolution expressing the sense of the House of Representatives regarding Government procurement access for women-owned businesses. (Kelly)
  • HR2334—Access to Contract Equity Act (ACE)—A bill to amend title 10, United States Code, to extend and make improvements to the provisions relating to procurement contract goals for small disadvantaged businesses and certain institutions of higher education, and for other purposes. (Velazquez)
  Source: Women's Caucus Agenda-106th Congress 99-WC12 on Jul 15, 1999

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