Eric Swalwell on Civil Rights
Full LGBT equality, including freedom to marry
I support full equality for lesbian, gay, bisexual, and transgender (LGBT) individuals. This includes the freedom to marry and the freedom to openly serve in the US military.
I also support the repeal of the California's Proposition 8 and the federal Defense of Marriage Act.
Source: 2012 House campaign website, swalwellforcongress.com
, Nov 6, 2012
Voted YES on reauthorizing the Violence Against Women Act.
Amends the Violence Against Women Act of 1994 (VAWA) to add or expand definitions of several terms used in such Act, including :
- "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;
; vote number 13-HV055
on Feb 28, 2013
Enforce against anti-gay discrimination in public schools.
Swalwell co-sponsored Student Non-Discrimination Act
- 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-H1652 on Jul 8, 2013
Enforce against wage discrimination based on gender.
Swalwell co-sponsored Paycheck Fairness Act
Congress finds the following:
Source: S.84&H.R.377 13-HR0377 on Jan 23, 2013
- Women have entered the workforce in record numbers over the past 50 years.
- 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.
- 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.
- 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.
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.
- The Department of Labor is responsible for investigating and prosecuting equal pay violations, especially systemic violations, and in enforcing all of its mandates.
- The Equal Employment Opportunity Commission is the primary enforcement agency for claims made under the Equal Pay Act.
- 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.
- Certain employers have already made great strides in eradicating unfair pay disparities in the workplace and their achievements should be recognized.
Recognize 1961 Freedom Riders against segregated buses.
Swalwell co-sponsored Congressional Gold Medal for the Freedom Riders
Congressional summary:: A BILL to award a Congressional Gold Medal to the Freedom Riders, collectively, in recognition of their unique contribution to Civil Rights, which inspired a revolutionary movement for equality in interstate travel. The Congress finds the following:
Congress shall present a gold medal of appropriate design to the Freedom Riders, collectively. The gold medal shall be given to the Smithsonian Institution, where it will be available for display & research.
Source: H.R.4041 14-H4041 on Feb 11, 2014
- In 1960, the Supreme Court ruled in Boynton v. Virginia that segregated bus and rail stations were unconstitutional.
- The rigid system of racial segregation that prevailed in the United States during the 1960s did not permit a Black person to sit next to a White person on any bus traveling through interstate commerce and in most locations in the South. Bus stations had 'Whites Only' waiting areas and Blacks were not permitted to wait in those areas despite the Supreme Court making it the law of the land.
- The Freedom Riders, with the intent to end segregation in public transportation throughout the South, paved the way for full racial integration of the US transit system.
They overcame prejudice, discrimination, and violence. They sparked a movement that changed our Nation.
- The Congress of Racial Equality (CORE) selected 13 volunteers for nonviolent response training. The Freedom Riders used their strategies of nonviolence to challenge the South's Jim Crow laws directly by riding from Washington DC to New Orleans.
- On the morning of May 4, 1961, the 13 Freedom Riders, comprised of 7 Blacks and 6 Whites, boarded two buses, with Blacks and Whites seated together.
- Initially, the Freedom Riders had encountered only minor clashes until a stop in South Carolina. In Rock Hill, an angry mob severely beat John Lewis, now a Congressman from Georgia, when he entered the bus station. Additional mobs fought the group in Alabama and Mississippi.
Page last updated: Jan 29, 2017