Ken Calvert on Civil Rights Republican Representative (CA-44)

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 :
1. "culturally specific services" to mean community-based services that offer culturally relevant and linguistically specific services and resources to culturally specific communities;
2. "personally identifying information" with respect to a victim of domestic violence, dating violence, sexual assault, or stalking;
3. "underserved populations" as populations that face barriers in accessing and using victim services because of geographic location, religion, sexual orientation or gender identity; and
4. "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.

Voted NO 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 YES 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 YES 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 YES on Constitutional Amendment banning same-sex marriage.

Voted YES on protecting the Pledge of Allegiance.

Voted YES on constitutional amendment prohibiting flag desecration.

Voted YES on banning gay adoptions in DC.

Voted YES on ending preferential treatment by race in college admissions.

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.

Require 90 day delay for compliance before ADA lawsuits.

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.

Limit interstate class-action lawsuits to federal courts .

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.

Rated 7% by the ACLU, indicating an anti-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 0% by the HRC, indicating an anti-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 28% by the NAACP, indicating an anti-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.

Amend Constitution to define traditional marriage.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, 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 three-fourths of the several States within seven years after the date of its submission by the Congress:<

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.

Related bills: H.J.RES.22, H.J.RES.74, H.J.RES.89

Ensure disabled access to public pools.

A BILL to revise certain rules under the Americans with Disabilities Act of 1990 (ADA) relating to accessible means of entry to pools.

This Act may be cited as the 'Pool Safety and Accessibility for Everyone Act' or the 'Pool SAFE Act'. Congress finds the following:
1. One of the purposes of the ADA is to 'provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities'.
2. The Nation's proper goals regarding individuals with disabilities are to ensure equality of opportunity and full participation for such individuals.
3. The ADA recognizes that public accommodations should provide access to their amenities to individuals with disabilities.
4. It is important for public accommodations to provide access to their amenities, including pools, to individuals with disabilities.
5. Public accommodations should provide access to their amenities, including pools, in a reasonable, efficient, and expedient manner that accounts for the interests of individuals with disabilities and also considers other legitimate concerns, such as safety and feasibility.
6. The current regulations for the ADA as the regulations relate to the accessibility of pools at public accommodations, do not reasonably or adequately balance the access needs of individuals with disabilities with other legitimate concerns.

• Any suit against a public accommodation or commercial facility for a violation that is brought on or after January 31, 2013, and before the date of enactment of this Act, shall be dismissed, and no new suits filed for one year.
• The Code of Federal Regulations shall provide that a public accommodation or commercial facility that has a pool and uses a portable pool lift on request shall be in compliance.
• The term 'pool' means a swimming pool, wading pool, sauna, steam room, spa, wave pool, lazy river, sand bottom pool, other water amusement, or any other manmade body of water.

State definition of marriage supersedes federal gay marriage.

Congressional summary::Prohibits any interpretation of US administrative agencies, as applied with respect to individuals domiciled in a state of the United States:

1. the term "marriage" from including any relationship that the state does not recognize as a marriage; and
2. the term "spouse" from including an individual who is a party to a relationship that is not recognized as a marriage by that state.

Opponent's argument against (CNN.com Feb. 8 report on Attorney General Eric Holder's action which prompted this bill): In a major milestone for gay rights, the US government expanded recognition of same-sex marriages in federal legal matters, including bankruptcies, prison visits and survivor benefits. "It is the Justice Department's policy to recognize lawful same-sex marriages as broadly as possible, to ensure equal treatment for all members of society regardless of sexual orientation," Attorney General Eric Holder said. The federal expansion includes 34 states where same-sex marriage isn't legal. For example, a same-sex couple legally married in Massachusetts can now have a federal bankruptcy proceeding recognized in Alabama, even though it doesn't allow same-sex marriages.

Proponent's argument in favor (Washington Post Feb. 13 reporting on Sen. Ted Cruz): If passed, the bill would cede marriage definition to states for federal purposes, which would effectively reverse the gains same-sex couples made after the Defense of Marriage Act was overturned by the Supreme Court in June 2013. Cruz said, "I support traditional marriage. The federal government has tried to re-define marriage, and to undermine the constitutional authority of each state to define marriage consistent with the values of its citizens. The Obama Administration should not be trying to force gay marriage on all 50 states."

Religious objections to GLBT services same as 1960s racism.

Heritage Action Summary: The Maloney Amendment would ratify President Obama's 2014 executive order barring federal contractors from what it describes as "discrimination" on the basis of "sexual orientation and gender identity" in their private employment policies. In practice, it would have required federal contractors to grant biologically male employees who identify as women unfettered access to women's lockers, showers, and bathrooms.

Heritage Foundation recommendation to vote NO: (5/25/2016): Congress should not be elevating sexual orientation and gender identity as a protected class garnering special legal privileges, which is the intent of the Maloney Amendment. The Maloney Amendment constitutes bad policy that unnecessarily regulates businesses. It risks undoing longstanding protections in civil rights law and makes clear that the president's orders are not exempt from them.

ACLU recommendation to vote YES: (5/11/2016): We see today claims to a right to discriminate--by refusing to provide services to LGBT people--based on religious objections. Claiming a right to discriminate in the name of religion is not new. In the 1960s, we saw objections to laws requiring integration in restaurants because of sincerely held beliefs that God wanted the races to be separate. We saw religiously affiliated universities refuse to admit students who engaged in interracial dating. In those cases, we recognized that requiring integration was not about violating religious liberty; it was about ensuring fairness. It's no different today.

Religious freedom in America means that we all have a right to our religious beliefs, but this does not give us the right to use our religion to impose those beliefs on others.

Legislative outcome: Amendment passed by the House 223-195-15 4/26/16; overall bill H.R.5055 failed 112-305-16 on 5/26/2016

Respect faith-based opposition to same-sex marriage.

Congressional Summary: The First Amendment Defense Act (FADA) prohibits the federal government from taking discriminatory action against a person on the basis that such person believes or acts in accordance with a religious belief or moral conviction that:

1. marriage is or should be recognized as the union of one man and one woman, or
2. sexual relations are properly reserved to such a marriage.

Political Argument Opposed: [ACLU, July 20, 2015]: The House of Representatives & leading anti-LGBT organizations are pushing a bill--disingenuously titled the First Amendment Defense Act--that would open the door to unprecedented taxpayer-funded discrimination against LGBT people, single mothers, and unmarried couples. This bill would

• allow federal contractors, including those that provide homeless shelters or drug treatment programs, to turn away LGBT people
• permit a university to fire an unmarried teacher simply for becoming pregnant
• permit federal employees to refuse to process tax returns, visa applications, or Social Security checks for all married same-sex couples

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.

Keep deadline for ratifying Equal Rights Amendment.

H.J.Res.17: Removing the deadline for the ratification of the equal rights amendment: This joint resolution eliminates the deadline for the ratification of the ERA, which prohibits discrimination based on sex. The amendment was proposed to the states in House Joint Resolution 208 of the 92nd Congress, as agreed to in the Senate on March 22, 1972. The amendment shall be part of the Constitution whenever ratified by the legislatures of three-fourths of the states.

Opinion to vote YES (Rep. Terri Sewell (D-AL-7): The ERA was first proposed in 1923, shortly after women gained the right to vote. [The original] 1979 deadline was later extended before it expired. By the end of 1982, 35 of the 38 required state legislatures had voted to ratify the ERA. Nevada ratified the ERA in 2017, Illinois in 2018 and, in January 2020, Virginia became the 38th and final state required to ratify it. If passed in the Senate, H.J. Res. 79 would remove the arbitrary 1982 deadline.

Opinion to vote NO (Rep. Doug LaMalfa (R-CA-1): H. J. Res 17 would retroactively remove the deadline for the ratification of the Equal Rights Amendment. Regardless of your thoughts on the ERA, the deadline for the states to ratify the amendment expired four decades ago. By passing this resolution, House Democrats are virtue signaling and trying to take a shortcut around what is required in our constitutional amendment process. Those who want to pass an ERA will need to start this process from the beginning. Today's vote mocks the intentionally high bar set by our Founders to make changes to our precious Constitution.

Legislative Outcome: Passed House 222-204-4 on 03/17/2021; received in the Senate and read on 3/23. [OnTheIssues notes on the duration for ratification that the 27th Amendment to the United States Constitution was passed by Congress in 1789 and was ratified by 3/4 of the States and became law in 1992, a ratification period of 202 years].