XXXX Voted To Block Hate Crimes Bill. In September 2007, XXXX voted to block an amendment to the Defense Authorizations bill that would have increased penalties for certain hate crimes. The amendment, offered by Senator Edward Kennedy would make violent crimes that cause bodily harm based on the victim's race, color, religion or national origin punishable by a fine and up to 10 years in prison, and punishable by a life sentence if the victim dies, is kidnapped or subjected to aggravated sexual abuse. It also would create the same penalties for crimes motivated by gender, sexual orientation, gender identity or disability. [Vote 350, 9/27/07; Concord Monitor, 9/30/07] XXXX Twice Voted Against Expanding Hate Crimes Definition to Include Sexual Orientation. In 2004, XXXX voted against classifying crimes motivated by the victim’s gender, sexual orientation or disability as hate crimes. XXXX also voted against expanding federal hate crimes legislation to include sexual orientation in 2000. [Vote 114, 6/15/04; Vote 471, 9/13/00] XXXX Voted for the Judicial Nomination of Timothy M. Tymkovich, Who Defended An Anti-Gay Colorado Initiative With Anti-Gay Rhetoric. In 2003, XXXX voted to confirm President Bush’s nomination of Timothy M. Tymkovich of Colorado to be a judge for the U.S. Court of Appeals for the 10th Circuit. Tymkovich drew 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] SAME SEX MARRIAGE XXXX Twice Voted For Constitutional Amendment to Ban Same Sex Marriage. In 2004 and 2006, XXXX voted to invoke cloture on a motion to propose a constitutional amendment that would ban gay marriage. [Vote 155, 7/14/04; Vote 163, 6/7/06; Pioneer Press, 6/11/06] XXXX Voted For Election Year Attempt to Ban Gay Marriage. In 2006, XXXX voted to invoke cloture on the motion to proceed to the Federal Marriage Amendment. [Vote 163, 6/7/06; CQ, 6/7/06] XXXX Voted For 2004 Constitutional Amendment to Ban Same Sex Marriage. In 2004, XXXX voted to move forward with a constitutional amendment that would define marriage as consisting only of the union of a man and a woman. It would have provided that the U.S. Constitution or any state’s constitution could not be construed to require that marriage or any other constructs of marriage be conferred to any other union. [Vote 155, 7/14/04] NATIVE AMERICANS XXXX Voted for Interior, IHS, Forest Service, Veterans Funding. In 2005, XXXX voted for a bill that would provide $26.3 billion in fiscal 2006 for the Department of Interior and related agencies, including $9.9 billion for the Interior Department and $7.8 billion for the EPA. It would provide $4.1 billion for the Forest Service, $1.8 billion for the Bureau of Land Management and $3.2 billion for the Indian Health Service. It also would provide $1.5 billion in emergency fiscal 2005 funding for medical services provided by the Veterans Affairs Administration. [HR 2361, Vote 168, 6/29/05] XXXX Voted Against Funding Native American Health Programs. In 2005, XXXX voted against an amendment that reduced funding for land acquisition by $121.2 million, to $32.8 million, and transferred the money to the Indian Health Service’s diabetes program. [Vote 159, 6/29/05] XXXX Voted Against Funding for Tribal Programs. In 2005, XXXX voted against an amendment that decreased the five-year tax cut reconciliation instruction figure by $3.2 billion and increased the discretionary spending limit in the budget by $1 billion. The funds would have been used to increase spending for tribal programs and reduce the deficit. [Vote 78, 3/17/05] 35