CONGRESSIONAL SCORECARD Measuring Support for Equality in the 116th Congress Dear Friends, Over these last two years, Donald Trump and Mike Pence have remained relentless in their anti-equality attacks. From targeting LGBTQ people’s access to health care, to supporting discrimination against LGBTQ people in the workplace, to the appointment of extreme anti-LGBTQ judges to the federal bench, this White House has redoubled their efforts to undermine our community’s progress. But the past two years have also seen critical steps towards LGBTQ equality at the federal level, thanks to the pro-equality majority in the U.S. House of Representatives. In May of 2019, the U.S. House passed the Equality Act. This is the first time a chamber of Congress has approved a comprehensive LGBTQ civil rights bill in our nation’s history. The Supreme Court decision in Bostock this summer, affirming that sexual orientation and gender identity discrimination are prohibited under Title VII of the Civil Rights Act, was an important step forward for LGBTQ equality, but much work remains. In many aspects of the public square, LGBTQ people still lack non-discrimination protections, which is why we need to make the Equality Act the law of the land to address the significant gaps in federal civil rights laws and improve protections for everyone. The interwoven nature of LGBTQ equality with the progress of all communities demands leadership committed to advancing justice for all. From working to increase public safety with the passage of long overdue gun background checks legislation, restoring the Voting Rights Act to ensure access at the ballot box, and guaranteeing Dreamers can stay in the only country they have ever known, pro-equality leaders in the House advanced crucial legislation for marginalized communities across the nation. And thanks to this pro-equality majority in the U.S. House, our elected champions were able to block legislation seeking to undermine our progress. 2 HUMAN RIGHTS CAMPAIGN CONGRESSIONAL SCORECARD | 116th CONGRESS If the U.S. House has been busy working for the welfare of the American people, the U.S. Senate’s tenure for the past two years has been marked by inaction and misplaced priorities. Instead of advancing pro-equality legislation, the Senate’s leadership has stymied their progress. Rather, the Senate has focused on confirming as many individuals to lifetime seats on the federal bench as possible. In addition to their lack of diversity, many appointees lack the basic qualifications—as objectively assessed by the American Bar Association—to sit on the federal bench. And a great many have shown hostility to LGBTQ people. We hope this scorecard will aid in understanding your elected officials’ records on issues impacting the LGBTQ community and society’s most marginalized. And we hope it is a valuable tool in holding your elected officials accountable in our shared work towards meaningful, positive change. As the late Representative John Lewis wrote, “Democracy is not a state. It is an act, and each generation must do its part to help build what we called the Beloved Community, a nation and world society at peace with itself.” In Unity, Alphonso David He/Him/His HUMAN RIGHTS CAMPAIGN CONGRESSIONAL SCORECARD | 116th CONGRESS 3 U.S. Senate A Nomination of Amy Coney Barrett to the Supreme Court of the United States On October 26, 2020, the Senate voted on President Trump’s nomination of Amy Coney Barrett to be an Associate Justice of the Supreme Court of the United States. The Senate confirmed the nomination by a vote of 52-48 (Roll Call Vote No. 224, 2nd Session, 116th Congress). Democrats – 0 yes, 45 no, 0 not voting; Republicans – 52 yes, 1 no, 0 not voting; Independents – 0 yes, 2 no, 0 not voting. HRC opposed the nomination. B Nomination of William Barr to be U.S. Attorney General On February 14, 2019, the Senate voted on President Trump’s nomination of William Barr to serve as U.S. Attorney General. The Senate confirmed his nomination by a vote of 54-45 (Roll Call Vote No. 24, 1st Session, 116th Congress). Democrats – 3 yes, 42 no, 0 not voting; Republicans – 51 yes, 1 no, 1 not voting; Independents – 0 yes, 2 no, 0 not voting. HRC opposed the nomination. C Nomination of Matthew Kacsmaryk to the U.S. District Court for the Northern District of Texas On June 19, 2019, the Senate voted on President Trump’s nomination of Matthew Kacsmaryk to serve as a Judge for the Northern District of Texas. The Senate confirmed the nomination by a vote of 52-46 (Roll Call Vote No. 172, 1st Session, 116th Congress). Democrats – 0 yes, 43 no, 2 not voting; Republicans – 52 yes, 1 no, 0 not voting; Independents – 0 yes, 2 no, 0 not voting. HRC opposed the nomination. D Nomination of Steven Menashi to the Second Circuit Court of Appeals On November 14, 2019, the Senate voted on President Trump’s nomination of Steven Menashi to serve as a Judge for the Second Circuit Court of Appeals. The Senate confirmed his nomination by a vote of 51-41 (Roll Call Vote No. 356, 1st Session, 116th Congress). Democrats – 0 yes, 39 no, 6 not voting; Republicans – 51 yes, 1 no, 1 not voting; Independents – 0 yes, 1 no, 1 not voting. HRC opposed the nomination. E Nomination of Lawrence VanDyke to the Ninth Circuit Court of Appeals On December 11, 2019, the Senate voted on President Trump’s nomination of Lawrence VanDyke to serve as a Judge for the Ninth Circuit Court of Appeals. The Senate confirmed the nomination by a vote of 51-44 (Roll Call Vote No. 391, 1st Session, 116th Congress). Democrats – 0 yes, 42 no, 3 not voting; Republicans – 51 yes, 1 no, 1 not voting; Independents – 0 yes, 1 no, 1 not voting. HRC opposed the nomination. 4 HUMAN RIGHTS CAMPAIGN CONGRESSIONAL SCORECARD | 116th CONGRESS F Nomination of Justin Walker to the D.C. Circuit Court of Appeals On June 18, 2020, the Senate voted on President Trump’s nomination of Justin Walker to serve as a Judge for the D.C. Circuit Court of Appeals. The Senate confirmed the nomination by a vote of 51-42 (Roll Call Vote No. 123, 2nd Session, 116th Congress). Democrats – 0 yes, 40 no, 5 not voting; Republicans – 51 yes, 1 no, 1 not voting; Independents – 0 yes, 1 no, 1 not voting. HRC opposed the nomination. G Nomination of Stephen Schwartz to the Court of Federal Claims On December 8, 2020, the Senate voted on President Trump’s nomination of Stephen Schwartz to serve as a Judge of the United States Court of Federal Claims. The Senate confirmed the nomination by a vote of 49-47 (Roll Call Vote No. 256, 2nd Session, 116th Congress). Democrats – 0 yes, 45 no, 1 not voting; Republicans – 49 yes, 0 no, 3 not voting; Independents – 0 yes, 2 no, 0 not voting. HRC opposed the nomination. H Cloture on the Motion to Proceed to the JUSTICE Act (S. 3985) Sen. Tim Scott (R-SC) introduced the JUSTICE Act to address law enforcement reform and accountability. However, the bill failed to provide real policing reform. The Senate rejected cloture on the motion to proceed to the bill on June 24, 2020, by a vote of 55-45 (Roll Call Vote No. 126, 2nd Session, 116th Congress). Democrats – 2 yes, 43 no, 0 not voting; Republicans – 52 yes, 1 no, 0 not voting; Independents – 1 yes, 1 no, 0 not voting. HRC opposed cloture on the motion to proceed. I Impeaching Donald John Trump, President of the United States, for High Crimes and Misdemeanors, Article I (H.Res. 755) The House of Representatives passed articles of impeachment of President Donald Trump, including Article I regarding the president’s abuse of power by soliciting a foreign government to interfere in the 2020 U.S. presidential election. The Senate found President Donald Trump not guilty of Article I on February 5, 2020, by a vote of 48-52 (Roll Call Vote No. 33, 2nd Session, 116th Congress). Democrats – 45 guilty, 0 not guilty, 0 not voting; Republicans – 1 guilty, 52 not guilty, 0 not voting; Independents – 2 guilty, 0 not guilty, 0 not voting. HRC urged a vote of guilty. J Equality Act (S. 788) (Co-Sponsorship) Senators were asked to co-sponsor legislation introduced on March 13, 2019, that would provide consistent and explicit non-discrimination protections for LGBTQ people across key areas of life, including employment, housing, credit, education, public spaces and services, federally funded programs, and jury service. The measure had 47 co-sponsors: Democrats 44; Republicans 1; Independents 2. K John Lewis Voting Rights Advancement Act (S. 4263) (Co-Sponsorship) Senators were asked to co-sponsor legislation introduced on July 22, 2020, that would strengthen voting rights by expanding and strengthening the government's ability to respond to voting discrimination. The measure had 48 co-sponsors: Democrats 45; Republicans 1; Independents 2. HUMAN RIGHTS CAMPAIGN CONGRESSIONAL SCORECARD | 116th CONGRESS 5 L Do No Harm Act (S. 593) (Co-Sponsorship) Senators were asked to co-sponsor legislation introduced on February 28, 2019, that would amend the Religious Freedom Restoration Act (RFRA) to exempt areas of law where RFRA has been used to bypass federal protections, including civil rights laws, thus restoring the original intent of the legislation and clarifying that RFRA is intended to protect religious freedom without allowing the infliction of harm on other people. The measure had 34 co-sponsors: Democrats 33; Republicans 0; Independents 1. M Therapeutic Fraud Prevention Act of 2019 (S. 2008) (Co-Sponsorship) Senators were asked to co-sponsor legislation introduced on June 27, 2019, that would officially classify the provision and advertising of conversion therapy in exchange for monetary compensation as fraudulent practices and expressly direct the Federal Trade Commission to protect consumers from these harmful and discredited practices.