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Charles Schumer on Civil Rights

Democratic Sr Senator (NY)


Supports civil unions but not gay marriage

Q: Would you support or oppose a ban on same-sex marriages? And why?

A: I’ve already opposed such amendment and let me tell you why. First, I believe that marriage should be between a man and a woman. That’s my personal belief. That is the belief that I think every church, synagogue, mosque, any other religious institution should not be forced by the state to decide who should be married. It should be up to them. And so I voted, for instance, for DOMA, which is called the Defense of Marriage Act, which said that one state didn’t have to recognize another state. But I also believe that the rights that the state gives should be neutral on this issue. So for instance, if a same-sex couple wanted hospital visitation rights, I’d be for that. If a same-sex couple wanted to file a tax return or have a will, I’d be for that. That’s called civil unions. And while I’m against gay marriage, I believe that we should have civil unions.

Source: 2004 NY Senate Debate, excerpted in NY Times , Oct 17, 2004

Weigh ideological beliefs of judicial nominees

Schumer called on the Senate to consider a judicial nominee’s ideology as part of the confirmation process. “Senate opposition to judicial nominees whose views fall outside the mainstream is justified. Judging is not a rote process - if it were, we’d have computers on the bench instead of men and women in black robes. There is a degree of subjectivity - especially in close cases -it’s hard to believe the ideology of a nominee won’t impact how he rules if confirmed.”
Source: Statement, ‘Ideological Warrior’ , Sep 17, 2003

Don’t hide public information behind national security

Ultimately, this bill [the Intelligence Authorization Act] will jeopardize our national security by shielding broad categories of information vital to evaluating our government, its policies and practices. Never forget that one of the core purposes of the First Amendment was to prohibit government from suppressing embarrassing information, not criminalizing its release. This legislation attempts to protect our national security at the expense of an informed public.
Source: Press Release, ‘IAA Limits Free Speech Rights’ , Nov 1, 2000

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 :
  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.

Schumer says, "Schumer (D-NY)"

Reference: Violence Against Women Reauthorization Act; Bill S. 47 ; vote number 13-SV019 on Feb 12, 2013

Voted NO 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:
  1. the flag of the US is a unique symbol of national unity...
  2. the Bill of Rights should not be amended in a manner that could be interpreted to restrict freedom...
  3. abuse of the flag causes more than pain and distress... and may amount to fighting words...
  4. 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.
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 NO on ending the set-aside of 10% of highway funds for minorities.

Vote on 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 businesses owned by minorities & women
Reference: Bill HR 2400 ; vote number 1998-93HR on Apr 1, 1998

Rated 60% by the ACLU, indicating a mixed civil rights voting record.

Schumer scores 60% by the ACLU on civil rights issues

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

Issue a commemorative postage stamp of Rosa Parks.

Schumer co-sponsored issuing a commemorative postage stamp of Rosa Parks

EXCERPTS OF RESOLUTION:

LEGISLATIVE OUTCOME:Referred to Senate Committee on Homeland Security and Governmental Affairs; never came to a vote.
Source: Rosa Parks Stamp (S.2154/H.R.4343) 05-S2154 on Dec 20, 2005

Rated 89% by the HRC, indicating a pro-gay-rights stance.

Schumer scores 89% by the HRC on gay rights

OnTheIssues.org interprets the 2005-2006 HRC scores as follows:

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 100% by the NAACP, indicating a pro-affirmative-action stance.

Schumer scores 100% by the NAACP on affirmative action

OnTheIssues.org interprets the 2005-2006 NAACP scores as follows:

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

Recognize Juneteenth as historical end of slavery.

Schumer co-sponsored recognizing 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.
Legislative Outcome: House versions are H.CON.RES.155 and H.RES.1237; related Senate resolution S.RES.584 counts for sponsorship. Resolution agreed to in Senate, by Unanimous Consent.
Source: S.RES.584 08-SR584 on Jun 4, 2008

ENDA: prohibit employment discrimination for gays.

Schumer 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:
  1. religious organizations; and
  2. the relationship between the United States and members of the Armed Forces.
Source: Employment Non-Discrimination Act 09-HR3017 on Jun 24, 2009

Prohibit sexual-identity discrimination at schools.

Schumer signed Student Non-Discrimination Act

Source: HR.998&S.555 11-S0555 on Mar 10, 2011

Enforce against wage discrimination based on gender.

Schumer co-sponsored Paycheck Fairness Act

    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.
Source: S.84&H.R.377 13-S0084 on Jan 23, 2013

Enforce against anti-gay discrimination in public schools.

Schumer co-sponsored Student Non-Discrimination Act

Congressional Summary: