On the recordSeptember 6, 1996
Keep in mind the Senator just got through equating homosexuality with race, which is exactly what is going to happen should this legislation pass. Mr. President, I might add that the experience under State law that he refers to is largely irrelevant. Experience under State law cited by my friend from Massachusetts, in my opinion, is irrelevant. I cited the remedial provision of title VII, section 706(g), which gives Federal courts the power to award affirmative action relief. That is extremely different from the State statutes with regard to this. The Supreme Court has said in some cases preferential relief can be granted. The Court said that consent decrees with preferential relief may be entered. Since the bill does incorporate section 706(g), the same thing is going to happen here. It opens up a massive Federal role in employment matters with regard to gay and lesbian people. I have to say I am uncomfortable with both sides on the issue because I think the bill is not written well. I think it does not solve these problems. It will lead to tremendous Federal Government control over the employer workplace throughout the country, and I think it will lead to the same sort of sets of preferences that we see today under title VII that were said could never happen. These are some of the things that bother me. On the other hand, I do not want to see gay and lesbian people discriminated against.
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