Diversity | Due Process Rights | Voting Rights | Hate Crime Prevention | Fighting Discrimination |

Supporting Diversity in Affirmative Action

The government has a compelling interest in promoting diversity in higher education. The Supreme Court recognized the positive impact well-designed affirmative action programs have on higher education. The educational experience is enhanced by the interaction between students of diverse backgrounds and I support the efforts of universities to create a more vibrant and enriched learning environment.

In 2003, I joined several members of Congress in filing an amicus brief with the Supreme Court in support of the University of Michigan's admissions policies. In the brief, my colleagues and I argued that diversity in higher education furthers compelling governmental interests that strengthen American democracy.

At top academic institutions in California, the trend of downward minority enrollment remains persistent and discouraging. Policies that admit a certain percentage of each high school's top graduates have helped at many universities, but true equal opportunity remains elusive. We must continue to pursue equal opportunity for all Americans at the nation's top universities so college campuses from the east coast to the west coast truly reflect the faces and values of America.

To read Rep. Schiff's statement on the 2003 Affirmative Action decision by the U.S. Supreme Court, please click here.

Upholding Due Process Rights

No one branch of government should have the sole power to designate someone an enemy combatant and then detain them indefinitely without any review of its decision. Such an accretion of power by the Executive branch is unprecedented and inconsistent with our Constitution.

While I believe that the federal government must have the authority to detain terrorists as 'enemy combatants' to protect the public, gather intelligence and safeguard national security, I also strongly believe that Americans detained as enemy combatants must be given access to counsel and the court system. Therefore, I introduced the Detention of Enemy Combatants Act (H.R. 1029 in the 108th) on February 26, 2003.

This legislation specifically provides that:

• The Secretary of Defense, in consultation with the Secretary of State and the Attorney General, shall establish the standards, procedures and criteria for the labeling and detention of citizens as enemy combatants.

• Clear procedures guaranteeing timely access to judicial review to challenge the basis for a detention and to provide access to counsel will be developed.

• The validity of the detention may be challenged by a writ of habeas corpus.

• Congress will maintain oversight of detention of U.S. citizens and lawful residents to ensure that such detentions are consistent with Due Process.

To read more about this legislation, please click here.

Military Tribunals

As the war on terrorism continues and more suspected al Qaeda terrorists are arrested, we must also make sure that our fundamental principles of due process of law and habeas corpus are not violated. While Congress must ensure that justice is delivered swiftly and responsibly in order to punish the terrorists as well as to prevent future attacks, we must still uphold the fundamentals that define our great nation.

For this reason, I have introduced the Military Tribunals Act (H.R. 1290 in 108th). This bill will give the President authorization to establish tribunals in order to prosecute suspected terrorists that are not U.S. citizens or residents and are not prisoners of war under the terms of the Geneva Convention.

Under the terms of this bill, the accused would be promptly notified of the alleged offenses, presumed innocent until proven guilty, and would only be found guilty if there was proof beyond a reasonable doubt. The accused would have the right to be present at the trial, represented by counsel, afforded all necessary means of defense, and they would have the opportunity to confront, cross-examine, and offer witnesses.

The accused would have the opportunity to obtain, present, and respond to evidence as well as access any exculpatory evidence that the prosecution may have in their possession.

Specifically, the Military Tribunals Act would ensure the following:

• The writ of habeas corpus would not be infringed;

• The United States Court of Appeals for the Armed Forces would review the tribunal proceedings, convictions, and sentences;

• At least once a year, the President would submit to Congress a report on the use of this authority along with specifics regarding each individual case; and

• Reports to Congress would be required on the status of persons being detained.

For more information on the Military Tribunals Act, please click here.

Voting Rights

Commemorating the 1965 Voting Rights March

In March of 2003, I attended a three-day trip to Montgomery, Birmingham and Selma, Alabama with a bi-partisan delegation of Congressional members to retrace the history of the civil rights movement as it unfolded in Alabama. Led by Congressmen John Lewis (D-GA) and Amo Houghton (R-NY), our group toured several civil rights memorials and ended with a march across the historic Edmund Pettus Bridge on the anniversary of the 1965 Voting Rights March.

It was an honor to join this group of Congressional leaders on this historic trip to Alabama on the 38th anniversary of the Voting Rights March. We can never forget the men and women who fought so hard to break down the barriers of segregation and it is my hope that we all came away from this journey with a greater understanding and appreciation of our civil rights history.

To read more about Rep. Schiff's civil rights pilgrimage to Alabama, please click here.

Supporting Voting Improvements

In response to the overwhelming number of problems confronting voters in the 2000 Presidential Election, I cosponsored the Equal Protection of Voting Rights Act, introduced by Rep. Conyers, requiring states to upgrade and improve balloting standards.

In light of the report of the Civil Rights Commission, the Caltech-MIT study and other reputable reports of voting irregularities and the disenfranchising of Americans in the 2000 elections, it is clear that we must make every effort to improve our voting system.

The legislation would require states to adopt uniform and non-discriminatory statewide standards for election machinery by 2004, ending the use of outdated punch-card balloting.

Preventing Hate Crimes

I am an original cosponsor of the Hate Crimes Prevention Act, introduced by Rep. Conyers and Rep. Ros-Lehtinen. This legislation will provide assistance to state and local law enforcement and amend federal law to streamline the investigation and prosecution of hate crimes.

The Hate Crimes Prevention Act is a constructive and measured response to a problem that continues to plague our nation - violence motivated by prejudice. There is no more graphic a reminder of the hate violence than the shocking murders of James Byrd in Jasper, TX and Matthew Shepard in Wyoming. These crimes are especially destructive because their perpetrators seek not only to harm the immediate victim, but to make a statement to an entire community.

Current law limits federal jurisdiction over hate crimes to incidents that occur during the exercise of federally protected activities, such as voting, and does not permit federal involvement in a range of cases involving crimes motivated by bias against the victim's sexual orientation, gender or disability. This bill will remove these hurdles so the federal government will no longer be constrained to wage the fight against hate crimes with one hand tied behind its back.

Fighting Discrimination

I am an original cosponsor of the Employment Non-Discrimination Act (ENDA). This legislation extends federal employment discrimination protections that are currently provided based on race, religion, gender, national origin, age and disability, to sexual orientation.

Every year, qualified hard-working Americans are denied job opportunities because of their sexual orientation or based upon perceptions of their sexual orientation. Countless others live in fear of losing their jobs.

ENDA is a common-sense solution to this problem. This legislation creates no "special rights," but merely ensures that working men and women are judged on the basis of their job performance, not prejudice.

Specifically, ENDA:

• Prohibits employers from making decisions about hiring, firing, promoting or compensating an employee based on sexual orientation;

• Makes clear that preferential treatment and quotas are strictly prohibited;

• Exempts Members of the Armed Forces, veterans' preferences and religious organizations; and

• Does not require employers to provide benefits to domestic partners.