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Kenny Marchant on Civil Rights

Republican Representative (TX-24)

 


Voted NO on reauthorizing the Violence Against Women Act.

Congressional Summary:
    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.

Reference: Violence Against Women Reauthorization Act; Bill H.R.11 ; vote number 13-HV055 on Feb 28, 2013

Voted NO 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 YES 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 YES 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

Rated 0% by the HRC, indicating an anti-gay-rights stance.

Marchant scores 0% 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 22% by the NAACP, indicating an anti-affirmative-action stance.

Marchant scores 22% 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

Amend Constitution to define traditional marriage.

Marchant co-sponsored amending Constitution to define traditional marriage

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, 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 three-fourths of the several States within seven years after the date of its submission by the Congress:<

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.

Related bills: H.J.RES.22, H.J.RES.74, H.J.RES.89

Source: Marriage Protection Amendment (S.J.RES.43) 08-SJR43 on Jun 25, 2008

Protect anti-same-sex marriage opinions as free speech.

Marchant co-sponsored Marriage and Religious Freedom Act

Congressional Summary:Congress finds the following:

  1. Leading legal scholars concur that conflicts between same-sex marriage and religious liberty are real and should be legislatively addressed.
  2. As the President stated in response to the Defense of Marriage Act in 2013, 'Americans hold a wide range of views' on the issue of same-sex marriage, and 'maintaining our Nation's commitment to religious freedom' is 'vital'.
  3. Protecting religious freedom from Government intrusion is a Government interest of the highest order.
  4. Laws that protect the free exercise of religious beliefs about marriage will encourage private citizens and institutions to demonstrate similar tolerance and therefore contribute to a more respectful, diverse, and peaceful society.
[Accordingly, this bill] prohibits the federal government from taking an adverse action against a person for acts in accordance with a religious belief that marriage is or should be recognized as the union of one man and one woman, or that sexual relations are properly reserved to such a marriage.

Opponent's argument against bill: (David Brunori on Forbes.com): A bipartisan group of lawmakers thinks it's appropriate for the American taxpayer to subsidize organizations fighting for "traditional marriage." The Marriage and Religious Freedom Act would give non-profit organizations that don't like gay marriage the ability to engage in partisan political activities without the fear of losing their exempt status. The sponsors are touting the bill as a means of protecting freedom of conscience on the issue of marriage. The proposed law will allow non-profit organizations to engage in political activity, as long as it's for championing heterosexual marriage, while non-profits supporting marriage equality cannot engage in partisan political activity. The tax laws should be neutral when it comes to politics.

Source: H.R.3133 13-H3133 on Sep 19, 2013

State definition of marriage supersedes federal gay marriage.

Marchant co-sponsored State Marriage Defense Act

Congressional summary::Prohibits any interpretation of US administrative agencies, as applied with respect to individuals domiciled in a state of the United States:

  1. the term "marriage" from including any relationship that the state does not recognize as a marriage; and
  2. the term "spouse" from including an individual who is a party to a relationship that is not recognized as a marriage by that state.

Opponent's argument against (CNN.com Feb. 8 report on Attorney General Eric Holder's action which prompted this bill): In a major milestone for gay rights, the US government expanded recognition of same-sex marriages in federal legal matters, including bankruptcies, prison visits and survivor benefits. "It is the Justice Department's policy to recognize lawful same-sex marriages as broadly as possible, to ensure equal treatment for all members of society regardless of sexual orientation," Attorney General Eric Holder said. The federal expansion includes 34 states where same-sex marriage isn't legal. For example, a same-sex couple legally married in Massachusetts can now have a federal bankruptcy proceeding recognized in Alabama, even though it doesn't allow same-sex marriages.

Proponent's argument in favor (Washington Post Feb. 13 reporting on Sen. Ted Cruz): If passed, the bill would cede marriage definition to states for federal purposes, which would effectively reverse the gains same-sex couples made after the Defense of Marriage Act was overturned by the Supreme Court in June 2013. Cruz said, "I support traditional marriage. The federal government has tried to re-define marriage, and to undermine the constitutional authority of each state to define marriage consistent with the values of its citizens. The Obama Administration should not be trying to force gay marriage on all 50 states."

Source: H.R.3829 & S. 2024 14-H3829 on Jan 9, 2014

Religious objections to GLBT services same as 1960s racism.

Marchant voted NAY H.Amdt. 1128 to H.R. 5055

Heritage Action Summary: The Maloney Amendment would ratify President Obama's 2014 executive order barring federal contractors from what it describes as "discrimination" on the basis of "sexual orientation and gender identity" in their private employment policies. In practice, it would have required federal contractors to grant biologically male employees who identify as women unfettered access to women's lockers, showers, and bathrooms.

Heritage Foundation recommendation to vote NO: (5/25/2016): Congress should not be elevating sexual orientation and gender identity as a protected class garnering special legal privileges, which is the intent of the Maloney Amendment. The Maloney Amendment constitutes bad policy that unnecessarily regulates businesses. It risks undoing longstanding protections in civil rights law and makes clear that the president's orders are not exempt from them.

ACLU recommendation to vote YES: (5/11/2016): We see today claims to a right to discriminate--by refusing to provide services to LGBT people--based on religious objections. Claiming a right to discriminate in the name of religion is not new. In the 1960s, we saw objections to laws requiring integration in restaurants because of sincerely held beliefs that God wanted the races to be separate. We saw religiously affiliated universities refuse to admit students who engaged in interracial dating. In those cases, we recognized that requiring integration was not about violating religious liberty; it was about ensuring fairness. It's no different today.

Religious freedom in America means that we all have a right to our religious beliefs, but this does not give us the right to use our religion to impose those beliefs on others.

Legislative outcome: Amendment passed by the House 223-195-15 4/26/16; overall bill H.R.5055 failed 112-305-16 on 5/26/2016

Source: Supreme Court case 16-H5055 argued on May 25, 2016

Respect faith-based opposition to same-sex marriage.

Marchant signed respecting faith-based opposition to same-sex marriage

Congressional Summary: The First Amendment Defense Act (FADA) prohibits the federal government from taking discriminatory action against a person on the basis that such person believes or acts in accordance with a religious belief or moral conviction that:

  1. marriage is or should be recognized as the union of one man and one woman, or
  2. sexual relations are properly reserved to such a marriage.
Legal Argument Opposed: [Secular.org]: "The stated purpose of FADA is to protect the tax-exempt status, government contract, or any other federal benefit of those who do not comply with the Supreme Court's same-sex marriage ruling. This act's true impact would allow for sweeping, taxpayer-funded discrimination against same-sex couples and their children--all under the guise of religious liberty. FADA would completely eviscerate the historic nondiscrimination Executive Order that President Obama signed last summer that prohibits federal contractors from engaging in discrimination on the basis of sexual orientation and gender identity. The First Amendment protects freedom of religion and freedom from religion, not the special privileges of the religiously affiliated at the expense of the fundamental rights of other Americans."

Political Argument Opposed: [ACLU, July 20, 2015]: The House of Representatives & leading anti-LGBT organizations are pushing a bill--disingenuously titled the First Amendment Defense Act--that would open the door to unprecedented taxpayer-funded discrimination against LGBT people, single mothers, and unmarried couples. This bill would

Source: H.R.2802 16-HR2802 on Jun 17, 2015

2017-18 Governor, House and Senate candidates on Civil Rights: Kenny Marchant on other issues:
TX Gubernatorial:
Andrew White
Annise Parker
Beto O`Rourke
David Dewhurst
George P. Bush
Greg Abbott
Julian Castro
Kathie Glass
Lupe Valdez
Mike Rawlings
Rick Perry
TX Senatorial:
Beto O`Rourke
Chris Bell
Cristina Tzintzun Ramirez
John Cornyn
MJ Hegar
Royce West
Sema Hernandez
Ted Cruz

Freshman class of 2019:
"Freshman class" means "not in Congress in January 2017", with exceptions:
* Special election, so sworn in other than Jan. 2019
** Served in Congress in a previous term
*** Lost recount or general election
Freshman class of January 2019 (Republicans):
AZ-8*:Lesko
CA-39***:Kim
FL-6:Waltz ; FL-15:Spano ; FL-17:Steube
GA-7:Woodall
ID-1**:Fulcher
IN-4:Baird
IN-6:Pence
KS-2:Watkins
MN-1:Hagedorn ; MN-8:Stauber
MS-3:Guest
MT-0*:Gianforte
NC-9***:Harris
ND-a:Armstrong
NM-2***:Herrell
OH-12*:Balderson ; OH-16:Gonzalez
OK-1:Hern
PA-9:Meuser ; PA-11**:Smucker ; PA-12*:Keller ; PA-13:Joyce ; PA-14:Reschenthaler
SC-4:Timmons
SD-0:Johnson
TN-2:Burchett ; TN-6:Rose ; TN-7:Green
TX-2:Crenshaw ; TX-3:Taylor ; TX-5:Gooden ; TX-6:Wright ; TX-21:Roy ; TX-27*:Cloud
VA-5:Riggleman ; VA-6:Cline
WI-1:Steil
WV-3:Miller
Freshman class of January 2019 (Democrats):
AZ-2**:Kirkpatrick ; AZ-9:Stanton
CA-49:Levin ; CA-10:Harder ; CA-21:Cox ; CA-25:Hill ; CA-39:Cisneros ; CA-45:Porter ; CA-48:Rouda
CO-2:Neguse ; CO-6:Crow
CT-5:Hayes
FL-26:Mucarsel-Powell ; FL-27:Shalala
GA-6:McBath
HI-1**:Case
IA-1:Finkenauer ; IA-3:Axne
IL-4:Garcia ; IL-6:Casten ; IL-14:Underwood
KS-3:Davids
KY-6***:McGrath
MA-3:Trahan ; MA-7:Pressley
MD-6:Trone
ME-2:Golden
MI-8:Slotkin ; MI-9:Levin ; MI-13:Tlaib ; MI-13*:Jones ; MI-11:Stevens
MN-2:Craig ; MN-3:Phillips ; MN-5:Omar
NC-9***:McCready
NH-1:Pappas
NJ-2:Van Drew ; NJ-3:Kim ; NJ-7:Malinowski ; NJ-11:Sherrill
NM-1:Haaland ; NM-2:Torres Small
NV-3:Lee ; NV-4**:Horsford
NY-14:Ocasio-Cortez ; NY-11:Rose ; NY-19:Delgado ; NY-22:Brindisi ; NY-25:Morelle
OK-5:Horn
PA-4:Dean ; PA-5:Scanlon ; PA-6:Houlahan ; PA-7:Wild ; PA-17*:Lamb
SC-1:Cunningham
TX-7:Fletcher ; TX-16:Escobar ; TX-29:Garcia ; TX-32:Allred
UT-4:McAdams
VA-2:Luria ; VA-7:Spanberger ; VA-10:Wexton
WA-8:Schrier
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Page last updated: Jun 02, 2020