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Tim Johnson on Civil Rights
Democratic Sr Senator (SD)
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Base affirmative action on income, not race
Affirmative Action should be based on income/wealth + not race
Source: 1996 National Political Awareness Test
, Jan 1, 1996
Voted YES on reauthorizing the Violence Against Women Act.
Congressional Summary:Amends the Violence Against Women Act of 1994 (VAWA) to add or expand definitions of several terms used in such Act, including :- "culturally specific services" to mean community-based services that offer culturally relevant and linguistically specific services and resources to culturally specific communities;
- "personally identifying information" with respect to a victim of domestic violence, dating violence, sexual assault, or stalking;
- "underserved populations" as populations that face barriers in accessing and using victim services because of geographic location, religion, sexual orientation or gender identity; and
- "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.
Reference: Violence Against Women Reauthorization Act;
Bill S. 47
; vote number 13-SV019
on Feb 12, 2013
Voted YES on recommending Constitutional ban on flag desecration.
The Senate voted on a resolution which would recommend a Constitutional Amendment banning flag desecration (not a vote on the Amendment itself). The resolution states: - the flag of the US is a unique symbol of national unity...
- the Bill of Rights should not be amended in a manner that could be interpreted to restrict freedom...
- abuse of the flag causes more than pain and distress... and may amount to fighting words...
- 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?
Reference: Flag Desecration Amendment;
Bill S.J.Res.12
; vote number 2006-189
on Jun 27, 2006
Voted NO on constitutional ban of same-sex marriage.
Voting YES implies support for amending the constitution to ban same-sex marriage. This cloture motion to end debate requires a 3/5th majority. A constitutional amendment requires a 2/3rd majority. The proposed amendment is: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.
Reference: Marriage Protection Amendment;
Bill S. J. Res. 1
; vote number 2006-163
on Jun 7, 2006
Voted YES on adding sexual orientation to definition of hate crimes.
Motion to Invoke Cloture on S. 625; Local Law Enforcement Enhancement Act of 2001. The bill would expand the definition of hate crimes to incorporate acts committed because of a victim's sex, sexual orientation or disability and permit the federal government to help states prosecute hate crimes even if no federally protected action was implicated. If the cloture motion is agreed to, debate will be limited and a vote will occur. If the cloture motion is rejected debate could continue indefinitely and instead the bill is usually set aside. Hence a Yes vote supports the expansion of the definition of hate crimes, and a No vote keeps the existing definition. Three-fifths of the Senate, or 60 members, is required to invoke cloture.
Reference:
Bill S.625
; vote number 2002-147
on Jun 11, 2002
Voted YES on loosening restrictions on cell phone wiretapping.
Motion to table (kill) the amendment that would provide that in order to conduct roving surveillance, the person implementing the order must ascertain that the target of the surveillance is present in the house or is using the phone that has been tapped.
Reference:
Bill S1510
; vote number 2001-300
on Oct 11, 2001
Voted YES on expanding hate crimes to include sexual orientation.
Vote on an amendment that would expand the definition of hate crimes to include gender, sexual orientation and disability. The previous definition included only racial, religious or ethnic bias.
Reference:
Bill S.2549
; vote number 2000-136
on Jun 20, 2000
Voted YES on setting aside 10% of highway funds for minorities & women.
Vote to table, or kill, an amendment to repeal the Disadvantaged Business Enterprise [DBE] Program, which requires no less than 10% of highway construction projects funded by the federal government to be contracted to 'disadvantaged business enterprises'
Reference:
Bill S.1173
; vote number 1998-23
on Mar 6, 1998
Voted NO on ending special funding for minority & women-owned business.
This legislation would have abolished a program that helps businesses owned by women or minorities compete for federally funded transportation.
Status: Cloture Motion Rejected Y)48; N)52
Reference: Motion to invoke cloture;
Bill S.1173
; vote number 1997-275
on Oct 23, 1997
Shift from group preferences to economic empowerment of all.
Johnson adopted the manifesto, "A New Agenda for the New Decade":
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.
Source: The Hyde Park Declaration 00-DLC6 on Aug 1, 2000
Supports anti-flag desecration amendment.
Johnson co-sponsored a Constitutional 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.
Source: House Resolution Sponsorship 01-HJR36 on Mar 13, 2001
Require 90 day delay for compliance before ADA lawsuits.
Johnson adopted the Republican Main Street Partnership agenda item:
H.R. 914/S. 872 the ADA Notification Act.
Republican Main Street Partnership Congressman Mark Foley (FL) introduced this legislation to protect the Americans with Disabilities Act from a growing number of lawyers who are generating huge sums in legal fees for pointing out accessibility violations by business when often simple fixes would bring properties into compliance with the ADA's accessibility standards. This variety of litigation abuse stems from the lack of any notification provision in the ADA. RMSP supports a 90-day delay between notification of an alleged accessibility violation and any legal proceedings. This notification will allow honest business owners to become ADA compliant without added legal expense while freeing up the courts to pursue legal action against bad players.
Source: Republican Main Street Partnership Legislative Agenda 02-RMSP8 on May 24, 2002
Limit interstate class-action lawsuits to federal courts .
Johnson adopted the Republican Main Street Partnership agenda item:
H.R. 2341/S. 1712 Class Action Fairness Act.
Class Action suits, most often claiming product defects, have increasingly become fertile ground for unscrupulous trial attorneys. Using jurisdictional loopholes, trial lawyers are suing for enormous sums with little or no payout to injured parties. Multi-million dollar interstate lawsuits filed on behalf of irrelevant plaintiffs, often unaware that a claim has been filed, are filed in state courts. This increases the volume of claims filed, and leads to multiple, expensive, settlements. H.R. 2341, supported by Republican Main Street Partnership Reps. Judy Biggert (IL), Tom Davis (VA), Porter Goss (FL), Melissa Hart (PA), George Nethercutt (WA), and Rob Simmons (CT), eases the burden of addressing interstate claims in federal court. At the federal level, courts have greater resources and uniform rules. This provides a more appropriate venue for such cases and protects legitimate claimants ability to recover losses.
Source: Republican Main Street Partnership Legislative Agenda 02-RMSP9 on May 24, 2002
Rated 40% by the ACLU, indicating a mixed civil rights voting record.
Johnson scores 40% by the ACLU on civil rights issues
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.
We work also to extend rights to segments of our population that have traditionally been denied their rights, including Native Americans and other people of color; lesbians, gay men, bisexuals and transgendered people; women; mental-health patients; prisoners; people with disabilities; and the poor. If the rights of society’s most vulnerable members are denied, everybody’s rights are imperiled. 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.
Source: ACLU website 02n-ACLU on Dec 31, 2002
Rated 78% by the HRC, indicating a pro-gay-rights stance.
Johnson scores 78% by the HRC on gay rights
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)
About the HRC (from their website, www.hrc.org): 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.
Source: HRC website 06n-HRC on Dec 31, 2006
Rated 86% by the NAACP, indicating a pro-affirmative-action stance.
Johnson scores 86% by the NAACP on affirmative action
OnTheIssues.org interprets the 2005-2006 NAACP scores as follows:
- 0% - 33%: anti-affirmative-action stance (approx. 177 members)
- 34% - 84%: mixed record on affirmative-action (approx. 96 members)
- 85%-100%: pro-affirmative-action stance (approx. 190 members)
About the NAACP (from their website, www.naacp.org): 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.
Source: NAACP website 06n-NAACP on Dec 31, 2006
Prohibit sexual-identity discrimination at schools.
Johnson signed Student Non-Discrimination Act
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.
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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.
Source: HR.998&S.555 11-S0555 on Mar 10, 2011
Enforce against anti-gay discrimination in public schools.
Johnson co-sponsored Student Non-Discrimination Act
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
Page last updated: Jan 09, 2015