Xavier Becerra on Civil Rights Democratic Representative (CA-31)

Protect transgender students and adults

For marriage equality; against Defense of Marriage Act

During Becerra's first term in the U.S. House he backed marriage equality, something few other members of Congress did. Among 435 senators and representatives, Becerra was among just 67 who voted against the Defense of Marriage Act in 1996, according to Equality California. In 2005, he co-sponsored the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, federal legislation that added sexual orientation, gender identity and disability to hate crime law.

Racial divisions exploited by our adversaries

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.

Rated 87% 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 100% 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 100% 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.

Constitutional Amendment for women's equal rights.

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.

Endorsed as "preferred" by The Feminist Majority indicating pro-women's rights.

The Feminist Majority endorses candidates for the U.S. House and U.S. Senate. In addition to the stronger `endorsement,` the organization also determines `preferred` candidates in races where they do not endorse. Their mission statement:

`Our mission is to empower feminists, who are the majority, and to win equality for women at the decision-making tables of the state, nation, and the world. The Feminist Majority promotes non-discrimination on the basis of sex, race, sexual orientation, socio-economic status, religion, ethnicity, age, marital status, nation of origin, size or disability. The purpose of Feminist Majority is to promote equality for women and men, non-violence, reproductive health, peace, social justice and economic development and to enhance feminist participation in public policy. Feminist Majority supports workers’ collective bargaining, pay equity, and end of sweatshops. We encourage programs directed at the preservation of the environment.`

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-H1652 on Jul 8, 2013

  Enforce against wage discrimination based on gender.

  Becerra co-sponsored Paycheck Fairness Act
  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.
  Source: S.84&H.R.377 13-HR0377 on Jan 23, 2013

  Don't elevate gender identity as a protected class.

  Becerra voted YEA 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: Congressional vote 16-H5055 on May 25, 2016

  Let states recognize same sex marriage.

  Becerra 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-H0197 on Jan 6, 2015

  Re-introduce the Equal Rights Amendment.

  Becerra 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

  Sponsored bill investigating Japanese deportation in WWII.

  Becerra sponsored Relocation of Latin Americans of Japanese Descent Act
  A bill to establish a fact-finding Commission to extend the study of a prior Commission to investigate and determine circumstances surrounding the relocation, internment, and deportation to Axis countries of Latin Americans of Japanese descent during WWII.
  • Establishes the Commission on Wartime Relocation and Internment of Latin Americans of Japanese descent.
  • Directs the Commission to extend the study of the Commission on Wartime Relocation and Internment of Civilians to investigate U.S. relocation, internment, and (in some cases) deportation to Axis countries of Latin Americans of Japanese descent held in U.S. custody from December 1941 through February 1948; and recommend appropriate remedies.
  Based on a preliminary study published in December 1982 by the Commission on Wartime Relocation and Internment of Civilians, Congress finds the following:
  1. During World War II, the United States expanded its internment program and national security investigations to conduct the program and investigations in Latin America
  2. Approximately 2,300 men, women, and children of Japanese descent from 13 Latin American countries were held in the custody of the Department of State in internment camps operated by the Immigration and Naturalization Service from 1941 through 1948.
  3. Those men, women, and children either were arrested without a warrant, hearing, or indictment by local police, and sent to the United States for internment; or in some cases involving women and children, voluntarily entered internment camps to remain with their arrested husbands, fathers, and other male relatives.
  4. Passports held by individuals who were Latin Americans of Japanese descent were routinely confiscated before the individuals arrived in the United States.
  5. Despite their involuntary arrival, Latin American internees of Japanese descent were considered to be and treated as illegal entrants by the Immigration and Naturalization Service.
  Source: S.69 & HR.42 2009-S69 on Jan 6, 2009

  Click here for definitions & background information on Civil Rights. . Click here for VoteMatch responses by Xavier Becerra. Click here for a summary of Xavier Becerra's positions on all issues. Click here for contact info for Xavier Becerra. Click here for a Wikipedia profile of Xavier Becerra. Click here for a Ballotpedia profile of Xavier Becerra.
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