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Robert Menendez on Civil Rights

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:
  1. the flag of the US is a unique symbol of national unity...
  2. the Bill of Rights should not be amended in a manner that could be interpreted to restrict freedom...
  3. abuse of the flag causes more than pain and distress... and may amount to fighting words...
  4. 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.
Reference: Flag Desecration Amendment; Bill S.J.Res.12 ; vote number 2006-189 on Jun 27, 2006

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 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 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

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 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:

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

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:

  1. history should be regarded as a means for understanding the past and solving the challenges of the future; and
  2. 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.
Source: S.RES.584 08-SR584 on Jun 4, 2008

ENDA: prohibit employment discrimination for gays.

Menendez 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:
  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

Re-introduce the Equal Rights Amendment.

Menendez 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

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:

  1. establishing discrimination based on disparate impact; and
  2. 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

Honor the 100th anniversary of the NAACP.

Menendez 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

2010 Governor, House and Senate candidates on Civil Rights: Robert Menendez on other issues:
NJ Gubernatorial:
Chris Christie
NJ Senatorial:
Frank Lautenberg

Dem. Freshmen
in 112th Congress:

AL-7:Terri Sewell
CA-33:Karen Bass
DE-0:John Carney
FL-17:Frederica Wilson
HI-1:Colleen Hanabusa
LA-2:Cedric Richmond
MA-10:Bill Keating
MI-13:Hansen Clarke
RI-1:David Cicilline
GOP Freshmen
in 112th Congress:

AL-2:Martha Roby
AL-5:Mo Brooks
AZ-1:Paul Gosar
AZ-3:Ben Quayle
AZ-5:David Schweikert
AR-1:Rick Crawford
AR-2:Tim Griffin
AR-3:Steve Womack
CA-19:Jeff Denham
CO-3:Scott Tipton
CO-4:Cory Gardner
FL-12:Dennis Ross
FL-2:Steve Southerland
FL-21:Mario Diaz-Balart
FL-22:Allen West
FL-24:Sandy Adams
FL-25:David Rivera
FL-5:Rich Nugent
FL-8:Dan Webster
GA-2:Mike Keown
GA-7:Rob Woodall
GA-8:Austin Scott
ID-1:Raul Labrador
IL-8:Joe Walsh
IL-10:Bob Dold
IL-11:Adam Kinzinger
IL-14:Randy Hultgren
IL-17:Bobby Schilling
IL-8:Joe Walsh
IN-3:Marlin Stutzman
IN-4:Todd Rokita
IN-8:Larry Bucshon
IN-9:Todd Young
KS-1:Tim Huelskamp
KS-3:Kevin Yoder
KS-5:Mike Pompeo
LA-3:Jeff Landry
MD-1:Andy Harris
MI-1:Dan Benishek
MI-2:Bill Huizenga
MI-3:Justin Amash
MI-7:Tim Walberg
MN-8:Chip Cravaack
MO-4:Vicky Hartzler
MO-7:Billy Long
MS-1:Alan Nunnelee
MS-4:Steven Palazzo
GOP Freshmen
in 111th Congress:

NC-2:Renee Ellmers
ND-0:Rick Berg
NH-2:Charlie Bass
NH-1:Frank Guinta
NJ-3:Jon Runyan
NM-2:Steve Pearce
NV-3:Joe Heck
NY-13:Michael Grimm
NY-19:Nan Hayworth
NY-20:Chris Gibson
NY-24:Richard Hanna
NY-25:Ann Marie Buerkle
NY-29:Tom Reed
OH-1:Steve Chabot
OH-15:Steve Stivers
OH-16:Jim Renacci
OH-18:Bob Gibbs
OH-6:Bill Johnson
OK-5:James Lankford
PA-10:Tom Marino
PA-11:Lou Barletta
PA-3:Mike Kelly
PA-7:Patrick Meehan
PA-8:Mike Fitzpatrick
SC-1:Tim Scott
SC-3:Jeff Duncan
SC-4:Trey Gowdy
SC-5:Mick Mulvaney
SD-0:Kristi Noem
TN-3:Chuck Fleischmann
TN-4:Scott DesJarlais
TN-6:Diane Black
TN-8:Stephen Fincher
TX-17:Bill Flores
TX-23:Quico Canseco
TX-27:Blake Farenthold
VA-2:Scott Rigell
VA-5:Robert Hurt
VA-9:Morgan Griffith
WA-3:Jaime Herrera
WI-7:Sean Duffy
WI-8:Reid Ribble
WV-1:David McKinley
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Contact info:
Email Contact Form:
http://menendez.senate.gov/contact/contact.cfm
Fax Number:
202-228-2197
Mailing Address:
Senate Office SH-528, Washington, DC 20510
Phone number:
(202) 224-4744

Page last updated: Mar 11, 2011