Jared Polis on Civil Rights

As a gay man, I support prohibiting discrimination

Millions of Americans can't enjoy the legal protections of marriage because of their orientation. I believe that two committed adults of the same sex should be able to enjoy full marriage rights. U.S. Rep. Jared Polis, the Boulder Democrat who represents Colorado's 2nd Congressional District, announced his gubernatorial bid in June. He told The Denver Post his platform would focus on getting the state to 100 percent renewable energy by 2040, providing free access to full-day preschool or kindergarten for those three and older, and encouraging companies in Colorado to provide stock options to employees. He would be Colorado's first openly gay Governor.

Would be Colorado's first openly gay Governor

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.

Sponsored bill prohibiting sexual-identity discrimination.

Student Non-Discrimination Act of 2011:
• 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 they reasonably believe to be 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.
• Deems a state`s receipt of federal educational assistance for a program to constitute a waiver of sovereign immunity for conduct prohibited under this Act regarding such program.

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.`

Sponsored enforcing 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.

  Polis 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

  Protect LGBT families from illegal immigrant deportation.

  Polis signed Letter on UAFA on LGBT immigrant rights

  Press release from office of Rep. Jerrold Nadler (D-NY-10)

  Rep. Nadler, lead sponsor of the Uniting American Families Act (UAFA), was joined by 68 Members of Congress in pushing to protect LGBT binational families from unnecessary deportations. The 69 Members sent letters to Homeland Security Secretary Janet Napolitano and Attorney General Eric Holder requesting that LGBT family ties be considered in pending deportation cases involving binational same-sex couples:

  Wrote the Members. `We ask that you ensure that recognition of LGBT family ties is reflected in the work of DHS and DOJ employees. Without specific guidance, it is unlikely that agency officers, agents, and attorneys making decisions about individual cases will be aware that LGBT family ties are a factor for consideration.`

  Some background on UAFA:
  • UAFA would add the term `permanent partner` to sections of the Immigration and Naturalization Act that apply to married heterosexual couples.
  • This legislation would afford equal immigration benefits to permanent partners as exist for married heterosexuals, and it would impose the same restrictions.
  • Because [federal law] does not legally recognize gay and lesbian couples and their children as families, many same-sex binational couples are torn apart.
  • Senator Patrick Leahy (D-VT) also introduced UAFA in the Senate.
  Argument in opposition: (in Huffington Post, Feb. 5, 2013)

  Several Republican lawmakers have expressed strong opposition to granting same-sex couples equal immigration rights, including Sen. John McCain (R-AZ). McCain has criticized including same-sex couples in comprehensive immigration reform, saying that such a provision would kill the bill. `Which is more important: LGBT or border security?` McCain asked. `I`ll tell you what my priorities are. If you`re going to load it up with social issues, that is the best way to derail it, in my view.`

  Source: Letter from 69 Members of Congress 14_Lt_LGBT on Sep 27, 2011

  Don't elevate gender identity as a protected class.

  Polis 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.

  Polis 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

  Give domestic partnership benefits to Federal employees.

  Polis signed Domestic Partnership Benefits and Obligations Act
  A federal employee who has a same-sex domestic partner and the domestic partner of the employee shall be entitled to benefits available to, and shall be subject to obligations imposed upon, a married employee and the spouse of the employee. In order to obtain benefits and assume obligations under this Act, an employee shall file an affidavit of eligibility certifying that the employee and the domestic partner of the employee:
  1. are each other`s sole domestic partner and intend to remain so indefinitely;
  2. have a common residence, and intend to continue the arrangement;
  3. are at least 18 years of age and mentally competent to consent to contract;
  4. share responsibility for a significant measure of each other`s common welfare and financial obligations
  5. are not married to or domestic partners with anyone else;
  6. are same sex domestic partners, and not related in a way that, if the two were of opposite sex, would prohibit legal marriage in the State in which they reside; and
  7. understand that willful falsification of information within the affidavit may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification and may constitute a criminal violation.
     An employee or domestic partner of an employee who obtains benefits under this Act shall file a statement of dissolution of the domestic partnership not later than 30 days after the death of the employee or the domestic partner or the date of dissolution of the domestic partnership. Source: H.R.2517 2009-H2517 on May 20, 2009

     Recognize the 40th anniversary of Stonewall.

     Polis signed Recognizing the 40th anniversary of Stonewall
     • Whereas the Stonewall Inn in Greenwich Village, New York City, was a bar primarily patronized by a diverse cross-section of the lesbian, gay, bisexual, and transgender (LGBT) community;
     • Whereas at around 1:20 a.m. on June 28, 1969, police raided the Stonewall Inn, closing the bar and forcing patrons outside;
     • Whereas such raids were among the many ways in which government harassed and discriminated against members of the LGBT community during this period, which included, for example, prohibiting dancing with a person of the same sex, terminating one`s employment, and using entrapment to arrest people;
     • Whereas thousands returned to the Stonewall Inn on the nights of June 28 and July 2, 1969, to express their support of basic freedoms, equality, and fair treatment for LGBT Americans, chanting such slogans as `Gay Power`, and `Equality For Homosexuals`;
     • Whereas the series of protests, often referred to as `Stonewall`, marked a watershed event in which LGBT Americans dramatically showed a growing determination to publicly resist government discrimination and harassment;
     • Whereas Stonewall sparked a remarkable increase in activism and action by LGBT Americans across the country to advocate for equal rights;
     • Whereas inspired by Stonewall, LGBT pride parades and festivals occur in cities across the country and the world every June;
     • Whereas a great deal of progress has been made in achieving equal rights for LGBT Americans since Stonewall occurred 40 years ago, but much work remains to be done:
     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

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