Lincoln Chafee on Civil Rights Former Republican Senator (RI, 1999-2007)

Gay marriage is a state issue, not for federal constitution

CHAFEE: For our whole history, the federal government has never been involved in marriage issues. So this is a state issue. There was a vote to change our federal constitution to forbid states from passing their own laws and of course I voted against that.

WHITEHOUSE: I support the right of states to allow same-sex marriage. It is wrong for the federal government to intervene in what has always been a state issue.

Supports “Sexual orientation protected by civil rights laws”

Continue affirmative action programs

Supports the following principles concerning affirmative action:
• The federal government should consider race and sex in making government contracting decisions.
• The federal government should continue affirmative action programs.
• The federal government should utilize merit and qualifications in making government contracting decisions.
• Support affirmative action in public college admissions.

Voted NO on recommending Constitutional ban on flag desecration.

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.

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?

Voted NO on constitutional ban of same-sex marriage.

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.

Proponents of the motion say:
• If Members of the Senate vote as their States have voted on this amendment, the vote today will be 90 to 10 in favor of a constitutional amendment.
• Marriage is a foundational institution. It is under attack by the courts. It needs to be defended by defining it as the union of a man and a woman as 45 of our 50 States have done.

  The amendment is about how we are going to raise the next generation. It is not an issue that the courts should resolve. Those of us who support this amendment are doing so in an effort to let the people decide.

Opponents of the motion say:
• This proposal pits Americans against one another. It appeals to people's worst instincts and prejudices.

  Supporters rail against activist judges. But if this vaguely worded amendment ever passes, it will result in substantial litigation. What are the legal incidents of marriage? Is a civil union a marriage?

• Married heterosexual couples are wondering, how, exactly, the prospect of gay marriages threatens the health of their marriages.
• This amendment would make a minority of Americans permanent second-class citizens of this country. It would prevent States, many of which are grappling with the definition of marriage, from deciding that gays and lesbians should be allowed to marry. And it would write discrimination into a document that has served as a historic guarantee of individual freedom.

Voted YES on adding sexual orientation to definition of hate crimes.

Voted YES on loosening restrictions on cell phone wiretapping.

Voted YES on expanding hate crimes to include sexual orientation.

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 60% by the ACLU, indicating a mixed 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.