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David Adam Smith on Civil Rights
Democratic Representative (WA-9)
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Voted NO on making the PATRIOT Act permanent.
To extend and modify authorities needed to combat terrorism, and for other purposes, including:- 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
Reference: USA PATRIOT and Terrorism Prevention Reauthorization Act;
Bill HR 3199
; vote number 2005-627
on Dec 14, 2005
Voted NO on Constitutional Amendment banning same-sex marriage.
Marriage Protection Amendment - Declares that marriage in the United States shall consist only of the union of a man and a woman. Prohibits the Constitution or any State constitution from being construed to require that marital status or its legal incidents be conferred upon any union other than that of a man and a woman.
Reference: Constitutional Amendment sponsored by Rep Musgrave [R, CO-4];
Bill H.J.RES.106
; vote number 2004-484
on Sep 30, 2004
Voted NO on banning gay adoptions in DC.
Vote on an amendment banning adoptions in District of Columbia by gays or other individuals who are not related by blood or marriage.
Reference: Amendment introduced by Largent, R-OK;
Bill HR 2587
; vote number 1999-346
on Jul 29, 1999
Voted NO on ending preferential treatment by race in college admissions.
HR 6, the Higher Education Amendments Act of 1997, would prohibit any post-secondary institution that participates in any program under the Higher Education Act from discriminating or granting any preferential treatment in admission based on race, sex, ethnicity, color or national origin.
Reference: Amendment introduced by Riggs, R-CA.;
Bill HR 6
; vote number 1998-133
on May 6, 1998
Shift from group preferences to economic empowerment of all.
Smith 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.
Smith 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
Constitutional Amendment for equal rights by gender.
Smith co-sponsored a Constitutional Amendment:
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.
Source: House Resolution Sponsorship 01-HJR40 on Mar 22, 2001
Rated 64% by the ACLU, indicating a mixed civil rights voting record.
Smith scores 64% 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 100% by the HRC, indicating a pro-gay-rights stance.
Smith scores 100% 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 94% by the NAACP, indicating a pro-affirmative-action stance.
Smith scores 94% 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
ENDA: prohibit employment discrimination for gays.
Smith signed H.R.3017&S.1584
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: - religious organizations; and
- the relationship between the United States and members of the Armed Forces.
Source: Employment Non-Discrimination Act 09-HR3017 on Jun 24, 2009
Constitutional Amendment for women's equal rights.
Smith signed Equal Rights Amendment for men and women
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:- Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
- The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
- 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.
Source: HJR69&SJR21 11-HJR69 on Jun 22, 2011
Prohibit sexual-identity discrimination at schools.
Smith 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-HR0998 on Mar 10, 2011
Ratify CEDAW (Discrimination Against Women).
Smith co-sponsored Resolution on CEDAW
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--- the full realization of the rights of women is vital to the development and well-being of people of all nations; and
- 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.
Source: H.RES.20 11-HRes20 on Jan 5, 2011
Enforce against wage discrimination based on gender.
Smith co-sponsored Paycheck Fairness Act
Congress finds the following: - 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.
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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.
Source: S.84&H.R.377 13-HR0377 on Jan 23, 2013
Provide benefits to domestic partners of Federal employees.
Smith 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.
Smith 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
Constitutionally prohibit flag desecration.
Smith signed Constitutional Amendment on the flag
Proposing an amendment to the Constitution of the United States authorizing the Congress to prohibit the physical desecration of the flag of the United States.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), 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:
Article--'The Congress shall have power to prohibit the physical desecration of the flag of the United States.'
Source: SJR.15&HJR.47 2009-SJR15 on May 6, 2009
Page last updated: Apr 08, 2013