Democratic Sr Senator; previously Representative (NJ-13)
Support affirmative action in all government contracts
Q: Should the government should take greater account of affirmative action considerations in awarding its contracts?
KEAN: I support merit-based initiatives that recognize the value of diversity and believe we need to ban pay-to-play, which
discriminates against minority access to government programs.
MENENDEZ: The federal government has a responsibility to ensure that all businesses have an equal opportunity to compete for contracts - including small, minority and women-owned businesses.
Source: Hall Institute N.J. Senate Virtual Debate (X-ref Kean)
Sep 24, 2006
Supports Amendment banning flag-burning, a uniting symbol
Q: Do you support a constitutional amendment to prevent the burning of the American flag?
KEAN: I believe our flag is a sacred symbol, a monument to freedom and I support a Constitutional Amendment banning the desecration of the American flag.
MENENDEZ: I voted for the flag burning amendment because I believe the flag, as a uniting symbol of our country, should be protected.
Source: Hall Institute N.J. Senate Virtual Debate (X-ref Kean)
Sep 24, 2006
Supports 1-man-1-woman marriage, but don't take away rights
Q: Do you believe that same sex marriages should be legal?
KEAN: I believe marriage is between one man and one woman but do not support a federal constitutional amendment.
MENENDEZ: I believe marriage is between a man and a woman, but oppose a federal constitutional amendment. The constitution shouldn't be amended to take away rights.
Source: Hall Institute N.J. Senate Virtual Debate (X-ref Kean)
Sep 24, 2006
Voted YES 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:
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.
Proponents of the motion say:
If Members of the Senate vote as their States have voted on this amendment, the vote today will be 90 to 10 in favor of a constitutional amendment.
Marriage is a foundational institution. It is under attack by the courts. It needs to be defended by defining it as the union of a man and a woman as 45 of our 50 States have done.
The amendment is about how we are going to raise the next generation.
It is not an issue that the courts should resolve. Those of us who support this amendment are doing so in an effort to let the people decide.
Opponents of the motion say:
This proposal pits Americans against one another. It appeals to people's worst instincts and prejudices.
Supporters rail against activist judges. But if this vaguely worded amendment ever passes, it will result in substantial litigation. What are the legal incidents of marriage? Is a civil union a marriage?
Married heterosexual couples are wondering, how, exactly, the prospect of gay marriages threatens the health of their marriages.
This amendment would make a minority of Americans permanent second-class citizens of this country. It would prevent States, many of which are grappling with the definition of marriage, from deciding that gays and lesbians should be allowed to marry. And it would write discrimination into a document that has served as a historic guarantee of individual freedom.
To extend and modify authorities needed to combat terrorism, and for other purposes, including:
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
Reference: USA PATRIOT and Terrorism Prevention Reauthorization Act;
Bill HR 3199
; vote number 2005-627
on Dec 14, 2005
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 YES 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
Supports anti-flag desecration amendment.
Menendez co-sponsored a Constitutional Amendment:
Supports granting Congress power to prohibit the physical desecration of the U.S. flag. Proposes an amendment to the Constitution of the United States authorizing the Congress to prohibit the physical desecration of the flag of the United States.
Source: House Resolution Sponsorship 01-HJR36 on Mar 13, 2001
Constitutional Amendment for equal rights by gender.
Menendez 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
Rated 67% by the ACLU, indicating a mixed civil rights voting record.
Menendez scores 67% 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:
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.
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.
Rated 88% by the HRC, indicating a pro-gay-rights stance.
Menendez scores 88% by the HRC on gay rights
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)
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.
Recognize Juneteenth as historical end of slavery.
Menendez 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:
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.
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.
Menendez 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
Reinforce anti-discrimination and equal-pay requirements.
Menendez 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.
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.
Source: Civil Rights Act of 2008 (S.2554&H.R.5129) 2008-S2554 on Jan 24, 2008