Jim Gerlach on Civil Rights Republican Representative (PA-6)

Voted YES on reauthorizing the Violence Against Women Act.

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.

Voted YES on prohibiting job discrimination based on sexual orientation.

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].

Voted NO on Constitutionally defining marriage as one-man-one-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.

Voted YES on making the PATRIOT Act permanent.

• 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

Voted NO on Constitutional Amendment banning same-sex marriage.

Voted YES on protecting the Pledge of Allegiance.

Voted YES on constitutional amendment prohibiting flag desecration.

Require 90 day delay for compliance before ADA lawsuits.

H.R. 914/S. 872 the ADA Notification Act.
Republican Main Street Partnership Congressman Mark Foley (FL) introduced this legislation to protect the Americans with Disabilities Act from a growing number of lawyers who are generating huge sums in legal fees for pointing out accessibility violations by business when often simple fixes would bring properties into compliance with the ADA's accessibility standards. This variety of litigation abuse stems from the lack of any notification provision in the ADA. RMSP supports a 90-day delay between notification of an alleged accessibility violation and any legal proceedings. This notification will allow honest business owners to become ADA compliant without added legal expense while freeing up the courts to pursue legal action against bad players.

Limit interstate class-action lawsuits to federal courts .

H.R. 2341/S. 1712 Class Action Fairness Act.
Class Action suits, most often claiming product defects, have increasingly become fertile ground for unscrupulous trial attorneys. Using jurisdictional loopholes, trial lawyers are suing for enormous sums with little or no payout to injured parties. Multi-million dollar interstate lawsuits filed on behalf of irrelevant plaintiffs, often unaware that a claim has been filed, are filed in state courts. This increases the volume of claims filed, and leads to multiple, expensive, settlements. H.R. 2341, supported by Republican Main Street Partnership Reps. Judy Biggert (IL), Tom Davis (VA), Porter Goss (FL), Melissa Hart (PA), George Nethercutt (WA), and Rob Simmons (CT), eases the burden of addressing interstate claims in federal court. At the federal level, courts have greater resources and uniform rules. This provides a more appropriate venue for such cases and protects legitimate claimants ability to recover losses.

Issue a commemorative postage stamp of Rosa Parks.

EXCERPTS OF RESOLUTION:

• Whereas in 1955, Rosa Parks's quiet, courageous act changed the United States and its view of African Americans, and redirected the course of history;
• Whereas at that time, in Montgomery, Alabama, as in other cities in the Deep South, the treatment of African Americans on public buses had long been a source of resentment within the African American community;
• Whereas White busdrivers, who were invested with police powers, frequently harassed African Americans;
• Whereas on December 1, 1955, Rosa Parks took her seat in the front of the 'Colored' section of a Montgomery bus, but was asked, along with 3 other African Americans, to relinquish her seat to a White passenger;
• Whereas although the 3 other African American passengers relinquished their seats, Rosa Parks refused to do so, and was arrested for that refusal;
• Whereas because Rosa Parks's act of disobedience launched the Montgomery bus boycott, which lasted for 381 days and propelled the civil rights movement into the national consciousness, she is widely known as the mother of the civil rights movement; and
• Now, therefore, be it Resolved that it is the sense of Congress that the United States Postal Service should issue a commemorative postage stamp honoring the late Rosa Parks.

Rated 75% 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 56% by NAACP, indicating a mixed record on affirmative-action.

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.