Sherrod Brown on Civil Rights Democratic Sr Senator; previously Representative (OH-13)

Ban discrimination on sexual orientation & gender identity

LGBT Rights : Limit or expand LGBTQ rights?
• Sherrod Brown (D): Expand. Sponsored a bill prohibiting discrimination based on sex, sexual orientation, and gender identity. Voted to federally protect same-sex marriages. "My commitment to the LGBTQ community hasn't wavered."
• Bernie Moreno (R): Limit. In 2014 supported the "Gay Games" in Ohio, calling them a "chance ... to celebrate diversity." In 2021 said he wasn't familiar with his company's support for an Ohio bill banning LGBTQ discrimination. In 2024 lists his endorsement by Ohio Value Voters, an organization that opposes same-sex marriage, saying "Homosexual couples embrace an ancient sin."

Voted against the Patriot Act because it is unpatriotic

Opposed Issue 1, the state gay marriage ban

A: Mike DeWine and I both opposed Issue 1 last year (the state gay marriage ban); so I think that's kind of a wash. The issues in this campaign are about family security. And family security means better wages, better health care, more opportunity to send your kids to college.

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.

Rated 87% 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.

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 94% 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.

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.`

Enforce against wage discrimination based on gender.

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.

Enforce 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-S1088 on Jun 4, 2013

  Let states recognize same sex marriage.

  Brown 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-S0029 on Jan 6, 2015

  Maintain LGBT health info on federal websites.

  Brown signed Letter from 19 Senators to President Trump

  We write to you to express serious concerns about the removal of critical LGBT health and scientific information from the Department of Health and Human Services (HHS) website, and the removal of LGBT population-based data reports from the Office of Management and Budget (OMB) website. These actions reveal a pattern of censorship that fosters discrimination and undermines access to evidence-based health care resources that aid millions across the country.

  Administration officials claim that this online information is integrated elsewhere, being updated, or temporarily down for maintenance. We have seen previous Administrations undermine LGBT health due to ideological pressure from conservative organizations by abruptly deleting online health information--similarly under the guise of site maintenance.

  To help us better understand these disturbing developments, please respond to the following questions:
  • Why did HHS elect to remove or change the LGBT resources on the website?
  • What plans do you have to communicate these changes to site users and the public?
  • Why were policy papers and reports on sexual orientation and gender identity data collection efforts removed or rendered inaccessible from the OMB website?
  • What federal departments were involved in making this decision?
  • Will the information on sexual orientation and gender identity data collection from the OMB site be made available on the new website? If so, when?
  You have repeatedly broken your campaign promises to support and protect the LGBT community, and this latest assault on a vulnerable population could further compromise the health of more than ten million LGBT people. We are concerned that you are putting politics ahead of science and access to evidence-based health care that is critical for millions, and so we call on you to reverse course to ensure that our federal programs serve the needs of all people. Source: Letter from 19 Senators to President Trump 18LTR-LGBT on Apr 12, 2018

  Provide benefits to domestic partners of Federal employees.

  Brown co-sponsored providing 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.
  Source: Partnership Benefits and Obligations Act (S.2521/H.R.4838) 2007-S2521 on Dec 19, 2007

  Re-introduce the Equal Rights Amendment.

  Brown co-sponsored re-introducing 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.
  Sen. KENNEDY. `It`s a privilege to join my colleagues in reintroducing the Equal Rights Amendment to the Constitution. The ERA is essential to guarantee that the freedoms protected by our Constitution apply equally to men and women. From the beginning of our history as a Nation, women have had to wage a constant, long and difficult battle to win the same basic rights granted to men. That battle goes on today, since discrimination still continues in many ways.

  `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.`

  Source: Equal Rights Amendment (S.J.RES.10/H.J.RES.40) 2007-SJR10 on Mar 29, 2007

  Reinforce anti-discrimination and equal-pay requirements.

  Brown co-sponsored reinforcing 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.
  Source: Civil Rights Act of 2008 (S.2554&H.R.5129) 2008-S2554 on Jan 24, 2008

  Honor the 100th anniversary of the NAACP.

  Brown 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

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