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criticism from gay-rights advocates because of a law journal article Tymkovich wrote after the Supreme Court overturned a Colorado voter initiative known as Amendment 2, which struck down protections for gays and lesbians. As Colorado solicitor general, Tymkovich defended the initiative before the high court. Sen. Patrick Leahy, D-Vt., said he had no problem with Tymkovich’s advocacy of the initiative in the courts but said the article went beyond legal advocacy and “seems replete with heavy anti-homosexual rhetoric.” [Vote 113, 4/1/03; AP, 4/1/03] PLEDGE OF ALLEGIANCE XXXX Voted to Defending The Constitutionality Of The Pledge Of Allegiance. In March 2003, XXXX voted to adopting a resolution expressing support for the Pledge of Allegiance and authorizing the Senate legal counsel to defend the constitutionality of the Pledge of Allegiance. [S Res 71, Vote 39, 3/4/03] XXXX Voted to Reaffirm the Pledge of Allegiance. In June 2002, XXXX voted for a bill that would reaffirm the Pledge of Allegiance and the reference to "one nation under God" as well as the national motto of "In God We Trust." [S 2690, Vote 166, 6/27/02] XXXX Voted to Support the Pledge of Allegiance. In June 2002, XXXX voted for a resolution expressing support for the Pledge of Allegiance and authorizing the Senate Legal Counsel to defend the constitutionality of the Pledge of Allegiance. [S Res 292, Vote 163, 6/26/02] FLAG BURNING XXXX Voted For A Constitutional Amendment To Ban Flag Desecration. In 2000, XXXX voted for the Flag Protection Constitutional Amendment. As reported, the amendment would propose for ratification the following: “The Congress shall have power to prohibit the physical desecration of the flag of the United States.” [Vote 48, 3/29/00] XXXX Voted Against An Amendment To Provide Statutory Punishments For Flag Desecration With Intent To Incite Violence. In 2000, XXXX voted against an amendment that would enact a statute instead of a constitutional amendment. Under the amendment, any person who destroyed or damaged a flag of the United States with the primary purpose and intent of inciting or producing imminent violence or a breach of the peace, in circumstances in which the person knew it was reasonably likely to produce imminent violence or a breach of the peace, could be fined up to $100,000 and imprisoned for up to 1 year. The amendment was rejected, 36-64. [Vote 45, 3/28/00] TERRI SCHIAVO STEM CELL RESEARCH / CLONING XXXX Voted Against Stem-Cell Bills Twice in Less Than a Year. In April 2007, XXXX voted against the Stem Cell Research Enhancement Act of 2007. The bill would have reversed Bush’s 2001 directive limiting federal funding of embryonic stem-cell research. It was nearly identical to a bill XXXX opposed in July 2006. [AP, 4/5/07; Vote 127, 4/11/07; Vote 206, 7/18/06; AP, 7/19/06] XXXX Voted for Human Embryo Ban. In 1998, XXXX voted to invoke cloture on S.1601, which was a bill to ban the creation of a human embryo through cloning. Cloture was not invoked, so the bill did not come to a vote. As such, this was the only vote on the issue. The cloture motion was rejected 42-54. [Vote 10, 2/11/98] NEEDLE EXCHANGE 256

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