Shelley Berkley on Civil Rights Democratic Representative (NV-1)

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 NO 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 NO on protecting the Pledge of Allegiance.

Voted YES on constitutional amendment prohibiting flag desecration.

Voted NO on banning gay adoptions in DC.

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.

Supports anti-flag desecration amendment.

Supports granting Congress power to prohibit the physical desecration of the U.S. flag. Proposes an amendment to the Constitution of the United States authorizing the Congress to prohibit the physical desecration of the flag of the United States.

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.

Require "Privacy Impact Statement" on new federal rules.

SPONSOR'S INTRODUCTORY STATEMENT: It is clear that this bill's many cosponsors do not agree on every issue. The same can be said of the bill's noncongressional supporters, which include groups ranging from the National Rifle Association to the American Civil Liberties Union.

The sphere of privacy, which Justice Brandeis eloquently described as the ''right to be let alone,'' is not only rapidly diminishing, it is increasingly penetrable. The Federal Agency Protection of Privacy Act takes the first--necessary--step toward protecting the privacy of information collected by the federal government, by requiring that rules noticed for public comment by federal agencies be accompanied by an assessment of the rule's impact on personal privacy interests, including the extent to which the proposed rule provides notice of the collection of personally identifiable information, what information will be obtained, and how this informational will be collected, protected, maintained, used and disclosed.

I want to emphasize H.R. 4561 will not unduly burden regulators nor will it hinder law enforcement. This bill will apply the best antiseptic--sunshine--to the federal rulemaking process by securing the public's right to know about how rules will affect their personal privacy.

EXCERPTS FROM BILL:

• Requires Federal agencies, when promulgating a rule, to publish a privacy impact analysis.
• Requires an agency promulgating a rule that may have a significant privacy impact on individuals to use specified techniques to assure that individuals have been given an opportunity to participate in the rulemaking.
• Requires each agency to carry out a periodic review of promulgated rules that have privacy impact, every ten years after the rule was published.

LEGISLATIVE OUTCOME: Passed House on a voice vote; sent to Senate on Oct. 8, 2002; never called to vote in Senate.

Rated 73% 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.

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 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 86% 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.

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.

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.

Ratify CEDAW (Discrimination Against Women).

RESOLUTION Expressing that the Senate should ratify the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

Resolved, That it is the sense of the House of Representatives that--
1. the full realization of the rights of women is vital to the development and well-being of people of all nations; and
2. the Senate should, therefore, give its advice and consent to the ratification of the Convention on the Elimination of All Forms of Discrimination Against Women.

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."

Give domestic partnership benefits to Federal employees.

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.

   Berkley 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

   Honor the 100th anniversary of the NAACP.

   Berkley signed bill honoring 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.
   Source: SCR.3&HCR.35 2009-SCR3 on Jan 28, 2009

   Supported legislation on violence against women & safety.

   Berkley adopted the Women's Caucus policy agenda:
   The teams of the Women’s Caucus are charged with advancing action on their designated issues in a bipartisan manner. Legislation from Team 1: VIOLENCE AGAINST WOMEN/SAFETY ISSUES:
   • HR764—Child Abuse & Prevention Enforcement (CAPE) Act—To reduce the incidence of child abuse and neglect, and for other purposes. (Pryce) STATUS: Passed House, 10/5/99
   • HR1248—Violence Against Women Act of 1999 (VAWA Reauthorization)—A bill to prevent violence against women. (Morella) STATUS: Hearing held, 9/29/99
   • HR1352—Domestic Violence and Sexual Assault Victims’ Housing Act—A bill to provide housing assistance to domestic violence victims. (Schakowsky) STATUS: Amended version added to HR 1073 (Homeless Housing Programs Consolidation and Flexibility Act), which passed Banking Subcommittee on Housing and Community Opportunity, 4/15/99
   • HR1869—Stalking Prevention and Victim Protection Act of 1999—A bill to expand the prohibition on stalking, and for other purposes. (Kelly) STATUS: Hearing held, 9/29/99
   • HR2130—Date-Rape Prevention Drug Act of 1999—A bill to amend the Controlled Substances Act to add gamma hydroxybutyric acid and ketamine to the schedules of control substances, to provide for a national awareness campaign, and for other purposes. (Upton/Stupak/Jackson-Lee/Bliley) STATUS: Passed House, 10/12/99
   • Protection of Women in Prison Act of 1999—A bill to require that facilities receiving federal funding develop and implement policies to restrict the role of male staff with regard to female inmates, address the particular health needs of female inmates, prohibit the routine shackling of pregnant women and women in labor, and provide additional protections to female inmates who report violations in order to protect them from retaliation. (Waters)
   • HR3083—The Battered Immigrant Women Protection Act of 1999—A bill to provide protection for battered immigrant women. (Schakowsky/Morella/Jackson-Lee)
   Source: Women's Caucus Agenda-106th Congress 99-WC1 on Jul 15, 1999

   Supported funding for women's and disadvantaged businesses.

   Berkley adopted the Women's Caucus policy agenda:
   The teams of the Women’s Caucus are charged with advancing action on their designated issues in a bipartisan manner. Legislation from Team 9: WOMEN IN BUSINESS:
   • HR413—PRIME Act—Grant program. Authorizes qualified organizations to provide technical assistance and capacity building services to microenterprise development organizations and programs and to disadvantaged entrepreneurs using funds from the Community Development Financial Institutions Fund (Rush/Leach)
   • HR1496—Small Business Access and Choice for Entrepreneurs (ACE) Act—A bill to help reduce the number of uninsured self-employed persons, and their employees, by giving them better access to affordable health care options. This bi-partisan bill includes Association Health Plans (AHPs) and 100% tax deductibility of health care costs for the self- employed. AHPs allow the small businesses to join together through their trade associations to obtain the purchasing clout and administrative efficiency that employees of large employers currently enjoy. The ACE Act also includes a provision for 100% deductibility of health insurance costs for the self-employed. Currently, the self- employed are allowed only a 60% deduction, while large businesses enjoy a full 100% deduction. (Talent/Dooley)
   • HR1497—Women’s Business Centers Sustainability Act of 1999—A bill to amend the Small Business Act with respect to the women’s business center program. (Udall-NM) H.RES. 15—A resolution expressing the sense of the House of Representatives regarding Government procurement access for women-owned businesses. (Kelly)
   • HR2334—Access to Contract Equity Act (ACE)—A bill to amend title 10, United States Code, to extend and make improvements to the provisions relating to procurement contract goals for small disadvantaged businesses and certain institutions of higher education, and for other purposes. (Velazquez)
   Source: Women's Caucus Agenda-106th Congress 99-WC12 on Jul 15, 1999

   Click here for definitions & background information on Civil Rights. Click here for a profile of Shelley Berkley. Click here for SenateMatch answers by Shelley Berkley. Agree? Disagree? Voice your opinions on Civil Rights in The Forum. Click here for a summary of Shelley Berkley's positions on all issues. Click here for issue positions of other NV politicians.
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