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Candidate John Kerry Speaks about Gay and Lesbian Issues


Authored the U.S. Senate's 1985 Gay Civil Rights Legislation

Supportive of Civil Unions but Opposes Same-Sex Marriages

By Rex Wockner
May 6, 2004

Sen. John Kerry: Where does he stand on gay issues? In the beginning there were eight candidates seeking the Democratic nomination for president and three of them were more pro-gay than John Kerry, who is opposed to same-sex marriage.

Now it is a given that Kerry will win the Democratic nomination in July in Boston. Where does he stand on gay issues?

  • The federal Employment Non-Discrimination Act: "In 1985 ... I became the original sponsor and author of the gay civil-rights legislation in the United States Senate -- before Ellen DeGeneres, before Will & Grace, before anyone knew who Melissa Etheridge was, before there'd been a march on Washington, when it was radioactive. ... I have cosponsored ENDA and voted for it when it came before the Senate in 1996. I have also adopted a nondiscrimination policy for my congressional offices so that sexual orientation is not a factor in employment decisions."
  • Inclusion of transgender people in ENDA: "I oppose discrimination of all kinds and my office policy prohibits discrimination in the workplace based on gender identity and expression. I believe that we should focus efforts on getting ENDA passed and signed into law, and I am concerned that adding gender identity and expression to the ENDA legislation is likely to significantly hinder that effort."

  • Inclusion of "sexual orientation" and "gender identity" in federal hate-crime laws: "It is shameful that Americans still suffer as victims of hate crimes based on sexual orientation and gender and remain without protection at the federal level. I support S. 966, and voted for a similar amendment in 2000, which extends the definition of hate crimes to add actual or perceived sexual orientation and actual or perceived gender as protected categories."

  • Same-sex marriage (1): "While I do not support gay marriage, I support civil unions and I believe that gays and lesbians should have full rights and equality under the law. ... Same-sex couples should be afforded the same rights and benefits as married couples ... including access to pensions, health insurance, family medical leave, bereavement leave, hospital visitation and survivor benefits. ... Additionally, I am one of six cosponsors of legislation to provide domestic-partnership benefits to gay and lesbian federal employees."

  • Same-sex marriage (2): "It may well be that if we achieve civil unions ... then we may -- all of us -- progress ... to a place where there is a different understanding [on marriage]. But I think that one has to respect the current cultural-historical-religious perception [against same-sex marriage], and I respect it."

  • Same-sex marriage (3): "Whether you call it marriage or not is up for grabs, but you have to have the rights. ... I think marriage is a term that kind of gets in the way of this discussion. But there is a distinction between church-sanctioned marriage and what rights the states give. A state itself can afford different rights. The rights is what's critical. It's equal protection under the law that is at stake here."

  • Same-sex marriage (4): "Marriage to many people is obviously what is sanctified by a church. It's sacramental. Or by a synagogue or by a mosque or by whatever religious connotation it has. Clearly there's a separation of church and state here. ... Marriage is a separate institution. I think marriage is under the church, between a man and a woman, and I think there's a separate meaning to it."

  • Same-sex marriage (5): "An equal-protection clause, I think, pertains to the rights you give to people, not to the name you give to something, so I'm for civil unions. That gives people the rights: the rights of partnership, the rights of inheritance of property, the rights of taxation and so forth. But I think there is a distinction between what we have traditionally called 'marriage' between a man and a woman and those rights. ... I believe very strongly that we can advance the cause of equality by moving toward civil unions. But that's where my position is at this point in time. What is distinct is the institutional name. Whatever people look at as the sacrament within a church or within a synagogue or within a mosque as a religious institution, there is a distinction. The civil state really just adopted that. It's the rights that are important, not the name of the institution."

  • The Massachusetts Supreme Judicial Court ruling legalizing same-sex marriage: "While I continue to oppose gay marriage, I believe that today's decision calls on the Massachusetts state legislature to take action to ensure equal protection for gay couples. ... I believe the right answer is civil unions. I oppose gay marriage and disagree with the Massachusetts Court's decision."

  • Social Security benefits for same-sex partners: "Support."

  • Immigration rights for same-sex couples: "Support."

  • The military's "Don't Ask, Don't Tell" policy: "In 1993, I was one of four senators who testified before the Armed Services committee that it was fundamentally wrong to continue to deny gay and lesbian Americans the right to participate in the armed forces of the United States."

  • Is being gay a choice?: "I think it's entirely who you are from birth, personally. Some people might choose, but I think that it's who you are. I think people need to be able to be who they are. I have a friend who was married for many years and then the marriage dissolved and he came out and he announced that he was gay, and he lived this life of tension, and of great difficulty. And I don't think that's a kind of choice. I think that's being who you are. It's in your system. It's in your genes. ... I think that people have a right in America to be who they are, who they are born as, and we are all God's children, and that is my view."
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