John Kerry on Civil Rights Jr Senator (MA), Democratic nominee for President

Sub-sections under Civil Rights:
• Gay Rights
• Voting Record
• Other issues under Civil Rights

2004: Agreed with people of Missouri on banning gay marriage

Missouri's vote in favor if the constitutional amendment locking in traditional marriage was not close: 71% for, 29% against

As it happened, Senator Kerry was campaigning in St. Louis the day after the vote. The Democratic nominee said he had no problem with the outcome. He said he would have voted the same way as the 71% did. He, after all, unlike President Bush, said each state should be able to make up its own mind on the future of marriage. (Kerry didn't add that in 1996 he was one of 14 senators, all of them liberal Democrats, who voted to PROHIBIT individual states from defining marriage as they wished. At the time of this 1996 debate, Kerry said he cast his no vote because he believed the Defense of Marriage Act to be unconstitutional.

Right of public dissent vital for patriotic Americans

FactCheck: Kerry would change Patriot Act, as Bush claims

CNN FACT CHECK: Although Kerry voted for Patriot Act, he now says that several provisions of should be scaled back and that a new law is needed to “assure our enhanced security does not come at the expense of our civil liberties.”

FactCheck: Bush DID meet with Congressional Black Caucus

Kerry wrongly claimed Bush “hasn’t met with the Black Congressional Caucus.” He garbled the organization’s name, for one thing. It’s actually the Congressional Black Caucus, made up of 39 African-American members of the House. And in fact, Bush met with the caucus a few days after taking office, on Jan. 31, 2001. “This will be the beginning of, hopefully, a lot of meetings,” Bush told them. “I hope you come back, and I’ll certainly be inviting.” But it was more than three years before the next meeting, on Feb. 25, 2004. Bush met with members of the caucus after they paid an impromptu visit to the White House to discuss the crisis in Haiti, according to a statement issued by the White House press secretary.

Help minority business by small business set-aside programs

KERRY: Regrettably, we have not moved far enough along. And I regret to say that this administration has even blocked steps that could help us move further along. On the Small Business Committee, we have a goal for minority set-aside programs. [The Bush Administration] doesn’t reach those goals. They don’t even fight to reach those goals. They’ve tried to undo them. The fact is that in too many parts of our country, we still have discrimination.

BUSH: Like my opponent, I don’t agree we ought to have quotas. I agree, we shouldn’t have quotas. I believe the best way to help our small businesses is to unbundle government contracts so people have a chance to be able to bid and receive a contract to help get their business going. Minority ownership of businesses are up, because we created an environment for the entrepreneurial spirit to be strong.

We need to hold on to equal pay for women

BUSH: Mitch McConnell had a minimum-wage plan that I supported that would have increased the minimum wage. But let me talk about what’s really important for the worker you’re referring to. And that’s to make sure the education system works. The No Child Left Behind Act is really a jobs act when you think about it.

The President must reach out to help end discrimination

KERRY: We still have discrimination. And affirmative action is not just something that applies to people of color. It also is with respect to women, it’s other efforts to be inclusive. This president is the first not to meet with the NAACP, with the Black Congressional Caucus, with the civil rights leadership.

BUSH: It is just not true that I haven’t met with the Black Congressional Caucus. We’ve expanded Pell Grants by a million students. Do you realize today in America, we spend $73 billion to help 10 million low- and middle-income families afford college? I believe the best way to help small business is not only through loans, which we have increased, but to unbundle government contracts so people have a chance to receive a contract. Minority ownership of businesses are up, because we created an environment for the entrepreneurial spirit to be strong. Today more minorities own a home than ever before. And that’s hopeful.

The Patriot Act has been used to abuse people’s rights

Raising the minimum wage is a working women’s issue

Questions the ultimate practicality of affirmative action

Supports affirmative action now and into the future

This shift in the civil rights agenda has directed most of our attention and much of our hope into one inherently limited and divisive program: affirmative action. The truth is that affirmative action has kept America thinking in racial terms.

Kerry states: “I support affirmative action now and I will always support it in the future in order to achieve what we need to achieve in terms of diversity in this country. And it’s a strength, not a weakness.”

Support “mend it, don’t end it” for affirmative action

A: I was part of the same movement that Jim Clyburn and Bill Clinton were, the “mend it, don’t end it.” There were a great many questions in the country about how it was being implemented. We wanted to keep it. I’ve always supported it. In the very speech in which I raised what those perceptions were, I said at the beginning, “I support affirmative action.” I said at the end, “I support affirmative action.”

Flag burning is displeasing, but it’s free expression

A: Our country is defined by the rights we protect, and those of us who fought for freedom and put our lives on the line defended the right of people to do things that we disagree with. I would not be pleased to see someone burning the flag because I love the flag, but the Constitution that I fought for preserves the right of free expression.

Voted for PATRIOT Act, but genuinely alarmed at PATRIOT II

As a former prosecutor and something of a specialist in dealing with international drug and terror networks, I know there’s a big difference between giving the government the resources and commonsense leeway it needs to track and tough and devious foe and giving in to the temptation of taking shortcuts that will sacrifice liberties cheaply without significantly enhancing the effectiveness of law enforcement. Patriot II threatens to cross that line-and to a serious degree. As president, I wouldn’t propose it, and if it were passed I would veto it.

Politicians use “crime” as codeword for “race”

Much of our national hysteria can be traced to politicians who “crime” as a codeword for “race” and ride the wave of fear to victory on election day. This pandering to prejudice does a great disservice to our country, not least of all because, despite the serious impact of local crime, it closes our minds to the complex reality and imminent threat of the global crime lords and their complicity in street crime at home.

Cheney’s daughter, a lesbian, would say gay is not a choice

The Constitution calls for same-sex partnership rights

Personally believes marriage is between a man & a woman

Defense of Marriage Act is fundamentally ugly

Opposes Massachusetts DOMA since there’s a federal DOMA

KERRY: I said very clearly that I believe that marriage is between a man and a woman. But notwithstanding that belief, there was no issue in front of the country when that was put before the US Senate.

Q: You also said that you believe the Defense of Marriage Act was fundamentally unconstitutional.

KERRY: I was incorrect in that statement. I think, in fact, that no state has to recognize something that is against their public policy. For 200 years, we have left marriage up to the states.

Q: So would you support the Massachusetts Defense of Marriage Act?

KERRY: No, because the Defense of Marriage Act is the law of the land today.

For partnership rights and civil union

A: I have always fought for the right of people to be able to be treated equally in America. Long before there was a television show or a march in Washington. In 1985, I was the sole sponsor of the Civil Rights Act to make sure we enforced that in America. I am for partnership rights. I am for civil union. I am for the Employment Non-Discrimination Act. I am for the hate crimes legislation

Provide gays and lesbians with full coverage of civil rights

Include a sunset provision in the Patriot Act

A: I strongly supported including a sunset provision in the Patriot Act. Bush reportedly plans to introduce a second “Patriot Act” - we have learned from the first Patriot Act that the last thing we need is John Ashcroft rewriting the Bill of Rights. I am alarmed by what has been reported to be part of “Patriot Act II” and I will very carefully review any new proposal and fight to ensure that it does not violate civil liberties.

Voted NO on recommending Constitutional ban on flag desecration.

1. the flag of the US is a unique symbol of national unity...
2. the Bill of Rights should not be amended in a manner that could be interpreted to restrict freedom...
3. abuse of the flag causes more than pain and distress... and may amount to fighting words...
4. destruction of the flag of the US can be intended to incite a violent response rather than make a political statement and such conduct is outside the protections afforded by the first amendment to the Constitution.

Proponents of the Resolution say:
• Fifty State legislatures have called on us to pass this amendment. This amendment simply says that "Congress shall have power to prohibit the physical desecration of the flag of the United States."
• In other words, in passing this amendment, we would give to Congress the power that the Supreme Court took away in 1989.
• 48 States had anti-desecration measures on the books before 1989. It was then that five unelected judges told those 48 sovereign entities that they were wrong.

Opponents of the Resolution say:
• I am deeply offended when people burn or otherwise abuse this precious national symbol.
• I also believe that the values and beliefs that the American flag represents are more important than the cloth from which this symbol was created.
• Prominent among these beliefs are the right to voice views that are unpopular, and the right to protest.
• I oppose this amendment not because I condone desecration of our flag, but because I celebrate the values our flag represents. Flag burning is despicable. However, the issue is whether we should amend our great charter document, the Constitution, to proscribe it.
• Is this a problem needing such strong medicine? Are we facing an epidemic of flag burnings?

Voted NO on constitutional ban of same-sex marriage.

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.

Proponents of the motion say:
• If Members of the Senate vote as their States have voted on this amendment, the vote today will be 90 to 10 in favor of a constitutional amendment.
• Marriage is a foundational institution. It is under attack by the courts. It needs to be defended by defining it as the union of a man and a woman as 45 of our 50 States have done.

  The amendment is about how we are going to raise the next generation. It is not an issue that the courts should resolve. Those of us who support this amendment are doing so in an effort to let the people decide.

Opponents of the motion say:
• This proposal pits Americans against one another. It appeals to people's worst instincts and prejudices.

  Supporters rail against activist judges. But if this vaguely worded amendment ever passes, it will result in substantial litigation. What are the legal incidents of marriage? Is a civil union a marriage?

• Married heterosexual couples are wondering, how, exactly, the prospect of gay marriages threatens the health of their marriages.
• This amendment would make a minority of Americans permanent second-class citizens of this country. It would prevent States, many of which are grappling with the definition of marriage, from deciding that gays and lesbians should be allowed to marry. And it would write discrimination into a document that has served as a historic guarantee of individual freedom.

Voted YES on adding sexual orientation to definition of hate crimes.

Voted YES on loosening restrictions on cell phone wiretapping.

Voted YES on expanding hate crimes to include sexual orientation.

Voted YES on setting aside 10% of highway funds for minorities & women.

Voted NO on ending special funding for minority & women-owned business.

Voted NO on prohibiting same-sex marriage.

Voted YES on prohibiting job discrimination by sexual orientation.

Voted NO on Amendment to prohibit flag burning.

Voted NO on banning affirmative action hiring with federal funds.

Shift from group preferences to economic empowerment of all.

Strengthen America’s Common Civic Culture
The more ethnically and culturally diverse America becomes, the harder we must all work to affirm our common civic culture -- the values and democratic institutions we share and that define our national identity as Americans. This means we should resist an “identity politics” that confers rights and entitlements on groups and instead affirm our common rights and responsibilities as citizens. Multiethnic democracy requires fighting discrimination against marginalized groups; empowering the disadvantaged to join the economic, political, and cultural mainstream; and respecting diversity while insisting that what we have in common as Americans is more important than how we differ. One way to encourage an ethic of citizenship and mutual obligation is to promote voluntary national service. If expanded to become available to everyone who wants to participate, national service can help turn the strong impulse toward volunteerism among our young people into a major resource in addressing our social problems. It will also help revive a sense of patriotism and national unity at a time when military service is no longer the common experience of young Americans.

Goals for 2010
• Reduce discrimination based on race, gender, national background, religion, age, disability, or sexual orientation.
• Shift the emphasis of affirmative action strategies from group preferences to economic empowerment of all disadvantaged citizens.
• Expand the AmeriCorps national service program so that everyone willing to serve can serve -- with 1 million participants enrolled by the end of the decade.
• Promote character education in all public schools.

Rated 60% by the ACLU, indicating a mixed 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.

Increase subsidies for women-owned non-profit business.

Amends the Small Business Act with respect to the women's business centers program to provide Small Business Administration funding authority for nonprofit organizations conducting projects for the benefit of small businesses owned and controlled by women. Increases from 30 to 54 the percentage of appropriated women's business center funds to be used during FY 2004 for sustained women's business center projects.

Sponsored bill for a Rosa Parks commemorative postage stamp.

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 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.

Recognize Juneteenth as historical end of slavery.

A resolution recognizing the historical significance of Juneteenth Independence Day and expressing that history should be regarded as a means for understanding the past and solving the challenges of the future.

Recognizes the historical significance to the nation, and supports the continued celebration, of Juneteenth Independence Day (June 19, 1865, the day Union soldiers arrived in Galveston, Texas, with news that the Civil War had ended and that the enslaved African Americans were free). Declares the sense of Congress that:

1. history should be regarded as a means for understanding the past and solving the challenges of the future; and
2. the celebration of the end of slavery is an important and enriching part of the history and heritage of the United States.

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.

Prohibit sexual-identity discrimination at schools.

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.

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.

Provide benefits to domestic partners of Federal employees.

Sen. LIEBERMAN: This legislation would require the Government to extend employee benefit programs to the same-sex domestic partners of Federal employees. It is sound public policy and it makes excellent business sense.

Under our bill, Federal employee and the employee's domestic partner would be eligible to participate in benefits to the same extent that married employees and their spouses participate. Employees and their partners would also assume the same obligations that apply to married employees and their spouses, such as anti-nepotism rules and financial disclosure requirements.

The Federal Government is our Nation's largest employer and should lead other employers, rather than lagging behind, in the quest to provide equal and fair compensation and benefits to all employees. That thousands of Federal workers who have dedicated their careers to public service and who live in committed relationships with same-sex domestic partners receive fewer protections for their families than those married employees is patently unfair and, frankly, makes no economic sense.

I call upon my colleagues to express their support for this important legislation. It is time for the Federal Government to catch up to the private sector, not just to set an example but so that it can compete for the most qualified employees and ensure that all of our public servants receive fair and equitable treatment. It makes good economic and policy senses. It is the right thing to do.

SUMMARY: Domestic Partnership Benefits and Obligations Act of 2007

Employees and their domestic partners will have the same benefits as married employees and their spouses under--
• Employee health benefits
• Retirement and disability plans
• Family, medical, and emergency leave
• Group life insurance
• Long-term care insurance
• Compensation for work injuries
• Death, disability, and similar benefits
• Relocation, travel, and related expenses.

Re-introduce 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.

"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."

Reinforce anti-discrimination and equal-pay requirements.

A bill to restore, reaffirm, and reconcile legal rights and remedies under civil rights statutes. Amends the Civil Rights Act of 1964 for:

1. establishing discrimination based on disparate impact; and
2. rights of action and recovery for unlawful discrimination.

• Authorizes civil actions in federal court for discrimination based on disability.
• Repeals provisions limiting the amount of compensatory and punitive damages that may be awarded in cases of intentional discrimination in employment.
• Revises provisions governing discrimination in the payment of wages, including equal pay requirements.

Honor the 100th anniversary of the NAACP.

• Whereas the National Association for the Advancement of Colored People, NAACP, originally known as the National Negro Committee, was founded in New York City on February 12, 1909, the centennial of Abraham Lincoln's birth, by a multiracial group of activists who met in a national conference to discuss the civil and political rights of African-Americans;
• Whereas the NAACP is the oldest and largest civil rights organization in the United States;
• Whereas the mission of the NAACP is to ensure the political, educational, social, and economic equality of rights of all persons and to eliminate racial hatred and racial discrimination;
• Whereas the NAACP is committed to achieving its goals through nonviolence;
• Whereas the NAACP advances its mission through reliance upon the press, the petition, the ballot, and the courts, and has been persistent in the use of legal and moral persuasion, even in the face of overt and violent racial hostility;
• Whereas the NAACP has used political pressure, marches, demonstrations, and effective lobbying to serve as the voice, as well as the shield, for minority Americans;

Now, therefore, be it Resolved by the Congress
1. Recognizes the 100th anniversary of the historic founding of the NAACP.
2. Honors and praises the NAACP on the occasion of its anniversary for its work to ensure the political, educational, social, and economic equality of all persons.