Issue Position: Civil Rights

Issue Position

Date: Jan. 1, 2011
Issues: Women

Issue Position: Civil Rights

Civil Rights

One of the true measures of a democracy is its respect for the rights of its citizens, even in difficult times. I believe the protection of individual rights and liberties is a fundamental part of the oath of office I took to "support and defend the Constitution," an oath that itself is required by the Constitution. Throughout my career, in Columbus and Washington, I have opposed discrimination in every form and fought to protect the civil rights and liberties of all citizens.

Fighting Gender Discrimination

When a manager at an Ohio company , Lilly Ledbetter, retired from her job of nineteen years she discovered that her male counterparts had been paid 20% to 40% more than she earned for doing the same job. When Ms. Ledbetter took the company to court for violating federal discrimination laws, the jury awarded her full damages. But in 2007 the Supreme Court reversed decades of precedent and said Ms. Ledbetter was entitled to nothing because she was too late in filing her claim. This decision left workers powerless to hold their employers accountable for their unlawful, unjust conduct. Additionally, employers who could hide discrimination from their workers for just 180 days would have gotten free rein to continue to discriminate.

The Lilly Ledbetter Fair Pay Restoration Act, of which I was a proud cosponsor, was signed into law as soon as President Obama came to office. This Act will restore the protections that existed before the Ledbetter decision and allow workers to file a pay discrimination claim within 180 days of a discriminatory paycheck.

Lilly Ledbetter is just one example of discrimination in the workplace. Women continue to earn about 77 cents for each dollar earned by men, and the gap is even greater for women of color. In 2004, African-American women earned only 68 percent of the earnings of white men, and Hispanic women earned only 57 percent.

The Paycheck Fairness Act would provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex by enhancing enforcement of equal pay requirements. In addition, The Fair Pay Act would prohibit discrimination in the payment of wages on account of sex, race, or national origin, and would call for equal pay for equivalent work. I am proud to be a cosponsor of both these pieces of legislation, and I will continue to fight to ensure women are fairly compensated for their work.

I look forward to working with Congress and the Obama Administration to ensure all working women receive equal pay for equal work.

Defending Civil Liberties

One of the federal government's most important responsibilities is to protect its citizens. A little more than a month after the terrorist attacks of September 11, Congress passed the PATRIOT Act and authorized the government to conduct searches of private property, obtain individuals' library and business records, and compel private corporations to provide confidential information without a warrant.

The United States must take adequate steps to ensure its citizens are safe and secure, but the Bush Administration never provided compelling evidence to demonstrate the effectiveness of these provisions and the necessity for such an expansion of government power at the expense of our civil liberties.

Not content with the expanded powers of the PATRIOT Act, President Bush authorized the National Security Agency to monitor communication between U.S. citizens and terrorist suspects outside the United States without first obtaining a warrant. Serious questions remain about the legality of this program and its compliance with the Foreign Intelligence Surveillance Act (FISA) of 1978.

Congress recently passed revisions to FISA that will expand the government's authority to spy on individuals overseas, including American citizens, without a warrant. In addition, this legislation dramatically limits judicial oversight and grants retroactive immunity from civil liability for those telecommunications companies that participated in the unauthorized wiretapping program.

I opposed the PATRIOT Act and the expansion of warrantless wiretapping because I believe in our system of checks and balances. The courts have a vital role in protecting the rights of citizens, and should not be cut out of that role simply for the convenience of the executive branch.

I look forward to working with the Obama White House and Justice Department to ensure our government protects - not tramples - the rights of American citizens.

Protecting LGBT Rights

The federal government can investigate and prosecute hate crimes. However, for decades, it could not do so for individuals based on their sexual orientation. Beyond their devastating effect on victims and their loved ones, these crimes are an affront to the principles of our democracy. The United States must ensure that all Americans are afforded full protection by the judicial system and law enforcement officials. That is why I supported and helped pass the Matthew Shepard Hate Crimes Protection Act. This legislation, which was signed into law by President Obama on October 28, 2009, expands federal jurisdiction to include hate crimes against gays and lesbians that cause death or bodily injury.

In 33 states, it is legal to fire individuals otherwise qualified simply because of their sexual orientation. The Employment Non-Discrimination Act (ENDA) would extend current federal employment discrimination protections based on race, religion, gender, national origin, age, and disability to include sexual orientation. ENDA would extend fair employment practices to all Americans, and I am proud to be a cosponsor of this legislation.

Finally, the strain on our military personnel is one of the key national security challenges facing our country. A recent GAO report determined that the current "Don't Ask, Don't Tell" (DADT) policy has cost the government over $200 million to implement and has resulted in the discharge of nearly 10,000 soldiers, hundreds of whom have critical skills for the war on terror, including over 300 linguists with skills in languages such as Arabic and Korean.

I support the Military Readiness Enhancement Act (MREA), which would repeal the DADT policy. The MREA would strengthen our military by retaining valuable service members who are willing to serve and have skills needed to fight the war on terror.


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