Alan Grayson on Civil Rights

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.

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.

Opposes defining traditional marriage.

Christian Coalition publishes a number of special voter educational materials including the Christian Coalition Voter Guides, which provide voters with critical information about where candidates stand on important faith and family issues. The Christian Coalition Voters Guide summarizes candidate stances on the following topic: "Maintaining current federal law defining marriage as one man and one woman"

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 removing deadline for ratification of the ERA.

Congressional Summary:Eliminates the time limit for ratification of the Equal Rights Amendment (ERA, which prohibits discrimination on account of sex) proposed to the states in 1972. Declares that such amendment shall be part of the Constitution whenever ratified by the legislatures of 3/4 of the several states.

OnTheIssues explanation:The ERA was originally passed with a deadline of 1979, then extended to 1982. TK states ratified the ERA before that deadline, TK short of the TK required. Hence the ERA failed. The amendment states: "Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex."

Opponent's argument against bill:(Editorial in L.A. Times by Phyllis Schlafly, president of Eagle Forum, April 8, 2007)

The ERA was first introduced in Congress in 1923. For nearly 50 years, all subsequent Congresses had the good judgment to leave it buried in committee. In 1971, the women's liberation movement demanded a gender-neutral society in which men and women would be treated exactly the same, no matter how reasonable it might be to respect differences between them. Our Stop ERA campaign, over the next 10 years,

Don't elevate gender identity as a protected class.

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

Let states recognize same sex marriage.

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).