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Barney Frank on Civil Rights

Democratic Representative (MA-4)


Voted YES on prohibiting job discrimination based on sexual orientation.

HR3685: Employment Non-Discrimination Act: Makes it an unlawful employment practice to discriminate against an individual on the basis of actual or perceived sexual orientation, including actions based on the actual or perceived sexual orientation of a person with whom the individual associates or has associated. Prohibits preferential treatment or quotas. Allows only disparate treatment claims. Inapplicable to associations that are exempt from religious discrimination provisions.

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].

Reference: Employment Non-Discrimination Act; Bill HR3685 ; vote number 2007-1057 on Nov 13, 2007

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

Proposing an amendment to the Constitution stating: "Marriage in the US 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."

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.

Reference: Marriage Protection Amendment; Bill H J RES 88 ; vote number 2006-378 on Jul 18, 2006

Voted NO on making the PATRIOT Act permanent.

To extend and modify authorities needed to combat terrorism, and for other purposes, including:
Reference: USA PATRIOT and Terrorism Prevention Reauthorization Act; Bill HR 3199 ; vote number 2005-627 on Dec 14, 2005

Voted NO on Constitutional Amendment banning same-sex marriage.

Marriage Protection Amendment - Declares that marriage in the United States shall consist only of the union of a man and a woman. Prohibits the Constitution or any State constitution from being construed to require that marital status or its legal incidents be conferred upon any union other than that of a man and a woman.
Reference: Constitutional Amendment sponsored by Rep Musgrave [R, CO-4]; Bill H.J.RES.106 ; vote number 2004-484 on Sep 30, 2004

Voted NO on protecting the Pledge of Allegiance.

Pledge Protection Act: Amends the Federal judicial code to deny jurisdiction to any Federal court, and appellate jurisdiction to the Supreme Court, to hear or decide any question pertaining to the interpretation of the Pledge of Allegiance or its validity under the Constitution.
Reference: Bill sponsored by Rep Todd Akin [R, MO-2]; Bill H.R.2028 ; vote number 2004-467 on Sep 23, 2004

Voted NO on constitutional amendment prohibiting flag desecration.

Desecration of Flag resolution: Vote to pass the joint resolution to put forward a Constitutional amendment to state that Congress shall have the power to prohibit the physical desecration of the flag of the United States. Note: A two-thirds majority vote of those present and voting (284 in this case) is required to pass a joint resolution proposing an amendment to the Constitution.
Reference: Resolution sponsored by Thomas, R-CA; Bill HJRes.4 ; vote number 2003-234 on Jun 3, 2003

Voted NO on banning gay adoptions in DC.

Vote on an amendment banning adoptions in District of Columbia by gays or other individuals who are not related by blood or marriage.
Reference: Amendment introduced by Largent, R-OK; Bill HR 2587 ; vote number 1999-346 on Jul 29, 1999

Voted NO on ending preferential treatment by race in college admissions.

HR 6, the Higher Education Amendments Act of 1997, would prohibit any post-secondary institution that participates in any program under the Higher Education Act from discriminating or granting any preferential treatment in admission based on race, sex, ethnicity, color or national origin.
Reference: Amendment introduced by Riggs, R-CA.; Bill HR 6 ; vote number 1998-133 on May 6, 1998

Constitutional Amendment for equal rights by gender.

Frank co-sponsored a Constitutional Amendment:

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.

Source: House Resolution Sponsorship 01-HJR40 on Mar 22, 2001

Require "Privacy Impact Statement" on new federal rules.

Frank co-sponsored requiring "Privacy Impact Statement" on new federal rules

SPONSOR'S INTRODUCTORY STATEMENT: It is clear that this bill's many cosponsors do not agree on every issue. The same can be said of the bill's noncongressional supporters, which include groups ranging from the National Rifle Association to the American Civil Liberties Union.

The sphere of privacy, which Justice Brandeis eloquently described as the ''right to be let alone,'' is not only rapidly diminishing, it is increasingly penetrable. The Federal Agency Protection of Privacy Act takes the first--necessary--step toward protecting the privacy of information collected by the federal government, by requiring that rules noticed for public comment by federal agencies be accompanied by an assessment of the rule's impact on personal privacy interests, including the extent to which the proposed rule provides notice of the collection of personally identifiable information, what information will be obtained, and how this informational will be collected, protected, maintained, used and disclosed.

I want to emphasize H.R. 4561 will not unduly burden regulators nor will it hinder law enforcement. This bill will apply the best antiseptic--sunshine--to the federal rulemaking process by securing the public's right to know about how rules will affect their personal privacy.

EXCERPTS FROM BILL:

LEGISLATIVE OUTCOME: Passed House on a voice vote; sent to Senate on Oct. 8, 2002; never called to vote in Senate.

Source: Federal Agency Protection of Privacy Act (H.R.4561) 02-HR4561 on Apr 24, 2002

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

Frank scores 93% by the ACLU on civil rights issues

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.

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

Rated 100% by the HRC, indicating a pro-gay-rights stance.

Frank scores 100% 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):

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 100% by the NAACP, indicating a pro-affirmative-action stance.

Frank scores 100% 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):

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

Sponsored the Employment Non-Discrimination Act.

Frank sponsored 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:
  1. religious organizations; and
  2. the relationship between the United States and members of the Armed Forces.
Source: Employment Non-Discrimination Act 09-HR3017 on Jun 24, 2009

Constitutional Amendment for women's equal rights.

Frank signed Equal Rights Amendment for men and women

JOINT RESOLUTION: Proposing an amendment to the Constitution of the United States relative to equal rights for men and women. Constitutional Amendment: Prohibits denying or abridging equality of rights under the law by the United States or by any state on account of sex.

    Resolved by the Senate and House of Representatives: That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of 3/4ths of the several States:
  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.
  2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
  3. This amendment shall take effect two years after the date of ratification.

[Explanatory note from Wikipedia.com and OnTheIssues.org]:

The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution. The ERA was originally written by Alice Paul and, in 1923, it was introduced in the Congress for the first time. In 1972, it passed both houses of Congress, but failed to gain ratification before its June 30, 1982 deadline. This new proposed amendment is identical in wording to the original 1972 proposed amendment. It was proposed in Congress in every session from 1923 through 1970 prior to passing in 1972; and has been re-introduced in Congress in every session since 1982 after its failure at ratification. The current version removes the Congressionally imposed deadline for ratification of the Equal Rights Amendment, so that if the bill passes Congress, states have no deadline as they did in 1982.

Source: HJR69&SJR21 11-HJR69 on Jun 22, 2011

Prohibit sexual-identity discrimination at schools.

Frank signed Student Non-Discrimination Act

Source: HR.998&S.555 11-HR0998 on Mar 10, 2011

Investigate mortgage discrimination in veterans & disabled.

Frank co-sponsored Housing Fairness Act

This Act may be cited as the 'Veterans, Women, Families with Children, and Persons With Disabilities Housing Fairness Act of 2011'. Instructs the Secretary of Housing and Urban Development (HUD) to conduct a nationwide testing program to:

  1. detect and document differences in the treatment of persons seeking to rent or purchase housing or obtain or refinance a home mortgage loan;
  2. measure patterns of adverse treatment because of the race, color, religion, sex, familial status, disability status, or national origin of a renter, home buyer, or borrower; and
  3. measure the prevalence of such discriminatory practices across housing and mortgage lending markets.
Source: H.R. 284 11-HR284 on Jan 12, 2011

Provide benefits to domestic partners of Federal employees.

Frank co-sponsored providing benefits to domestic partners of Federal employees

Sen. LIEBERMAN: This legislation would require the Government to extend employee benefit programs to the same-sex domestic partners of Federal employees. It is sound public policy and it makes excellent business sense.

Under our bill, Federal employee and the employee's domestic partner would be eligible to participate in benefits to the same extent that married employees and their spouses participate. Employees and their partners would also assume the same obligations that apply to married employees and their spouses, such as anti-nepotism rules and financial disclosure requirements.

The Federal Government is our Nation's largest employer and should lead other employers, rather than lagging behind, in the quest to provide equal and fair compensation and benefits to all employees. That thousands of Federal workers who have dedicated their careers to public service and who live in committed relationships with same-sex domestic partners receive fewer protections for their families than those married employees is patently unfair and, frankly, makes no economic sense.

I call upon my colleagues to express their support for this important legislation. It is time for the Federal Government to catch up to the private sector, not just to set an example but so that it can compete for the most qualified employees and ensure that all of our public servants receive fair and equitable treatment. It makes good economic and policy senses. It is the right thing to do.

SUMMARY: Domestic Partnership Benefits and Obligations Act of 2007

Source: Partnership Benefits and Obligations Act (S.2521/H.R.4838) 2007-S2521 on Dec 19, 2007

Re-introduce the Equal Rights Amendment.

Frank co-sponsored re-introducing the Equal Rights Amendment

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

Recognize the 40th anniversary of Stonewall.

Frank signed Recognizing the 40th anniversary of Stonewall

    Now, therefore, be it Resolved, That the House of Representatives--
  1. recognizes the 40th anniversary of Stonewall;
  2. honors those who participated during Stonewall and since that time in the civil rights struggle of LGBT Americans; and
  3. recommits itself to protecting and providing equal rights for all Americans, including those who are lesbian, gay, bisexual, or transgender.
Source: H. RES. 433 2009-HR433 on May 13, 2009

Honor the 100th anniversary of the NAACP.

Frank signed bill honoring the 100th anniversary of the NAACP

    Now, therefore, be it Resolved by the Congress
  1. Recognizes the 100th anniversary of the historic founding of the NAACP.
  2. Honors and praises the NAACP on the occasion of its anniversary for its work to ensure the political, educational, social, and economic equality of all persons.
Source: SCR.3&HCR.35 2009-SCR3 on Jan 28, 2009

2012 Governor, House and Senate candidates on Civil Rights: Barney Frank on other issues:
MA Gubernatorial:
Deval Patrick
Tom Menino
MA Senatorial:
Elizabeth Warren
John Kerry
Scott Brown

Retiring to run for other office:

Running for President:
TX-14:Ron Paul(R)

Running for Mayor:
CA-51:Bob Filner(D)

Running for Governor:
IN-6:Mike Pence(R)
WA-1:Jay Inslee(D)

Running for Senate:
AZ-6:Jeff Flake(R)
CT-5:Chris Murphy(R)
FL-14:Connie Mack(R)
HI-2:Mazie Hirono(D)
IN-2:Joe Donnelly(D)
MO-2:Todd Akin(R)
MT-0:Dennis Rehberg(R)
ND-0:Rick Berg(D)
NM-1:Martin Heinrich(D)
NV-1:Shelley Berkley(D)
NY-9:Bob Turner(R)
WI-2:Tammy Baldwin(D)
Lost Primary 2012:
IL-16:Donald Manzullo(R)
NJ-9:Steven Rothman(D)
OH-2:Jean Schmidt(R)
OH-9:Dennis Kucinich(D)
PA-4:Jason Altmire(D)
PA-17:Tim Holden(D)
TX-16:Silvestre Reyes(D)

Retiring 2012:
AR-4:Mike Ross(D)
AZ-8:Gabby Giffords(D)
CA-2:Wally Herger(R)
CA-6:Lynn Woolsey(D)
CA-18:Dennis Cardoza(R)
CA-24:Elton Gallegly(D)
CA-26:David Dreier(R)
CA-41:Jerry Lewis(R)
IL-12:Jerry Costello(D)
IL-15:Timothy Johnson(R)
IN-5:Dan Burton(R)
KY-4:Geoff Davis(R)
MA-1:John Olver(D)
MA-4:Barney Frank(D)
MI-5:Dale Kildee(D)
NC-9:Sue Myrick(R)
NC-11:Heath Shuler(D)
NC-13:Brad Miller(D)
NY-5:Gary Ackerman(D)
NY-10:Ed Towns(D)
NY-22:Maurice Hinchey(D)
OH-7:Steve Austria(R)
OK-2:Dan Boren(D)
PA-19:Todd Platts(R)
TX-20:Charles Gonzalez(D)
WA-6:Norm Dicks(D)
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