In 2005 KBR, a taxpayer-endowed contractor (as well as the largest non-union construction company) attempted to cover up employee-on-employee gang rape by locking up the victim in a shipping container without food and water and threatening her with reprisals if she reported the incident. And that’s OK.
Newly elected Senator Al Franken introduced an amendment that would forbid federal contractors from forcing victims of sexual assault, battery and discrimination to submit to binding arbitration (where a third-party typically chosen by the contractor adjudicates) and thereby prohibiting them from going to court.
And 30 (t-h-i-r-t-y) senators voted against it.
Credit new Senator Al Franken however, for introducing an amendment to the Defense Appropriations bill that would punish contractors if they “restrict their employees from taking workplace sexual assault, battery and discrimination cases to court.” You’d think that this would be a no-brainer, actually, but that didn’t stop [Senator] Jeff Sessions from labeling Franken’s effort a “political attack directed at Halliburton.” Franken, of course, pointed out that his amendment would apply broadly, to all contractors…
Some senators and their supporters argue that the reason they voted against such an amendment was that it was unenforceable. Well… so what?
Who cares if the amendment is unenforceable? What unenforceable really means is that not every occurrance of the action can be prevented. Other examples of this include flag burning, gay sex, and speeding. None can be successfully prevented, and yet much can be done legally to a) disuade people from doing it and b) make peoples lives very difficult if they do.
Sometimes amendments are unenforceable because the U.S. Supreme court strikes down a similar law in another state, as was the case with Alabama’s 1901 ban on interracial marriage. The law was unenforceable as of 1967, but an amendment to eliminate it from Alabama’s state constitution in 1999 was still unanimously voted upon and put into effect.
It starts with the idea and journeys through what can be done in both legislative and judicial branches of our government. If more legislation is needed in order to arrive at an enforceable amendment, so be it. But why would you vote against something you agree with just because you believe it is not 100% enforceable? If there was an amendment to save all puppies from drowning, would you vote against it because, jeeze, we’ll never be able to enforce that? No. You vote ‘yay’ and go on to support initiatives that align with that point of view.
The silver lining is that on September 15, 2009, the 5th Circuit Court of appeals ruled in favor of Jones, in a 2 to 1 ruling, and found that her alleged injuries were not, in fact, in any way related to her employment and thus, not covered by the contract. (Please note: 1 judge actually ruled against that.) In addition, in October of 2009 the Franken Amendment did pass, but it was not unanimous as it should have been. As usual, see The Daily Show with Jon Stewart for the funny version.
The following is a list of Senators who voted against the Franken Amendment. All 30 are Republicans who were elected to office by voters in 19 states. More than half of those voters were women and all of those voters are able to be raped, assaulted, and discriminated against. If it were up to the boys and girls on this list (yes, there are women who voted against this, too.) those voters would never see the inside of a court room.
Rogues Gallery:
Alexander, Lamar – (R – TN) Class II
455 DIRKSEN SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4944
Barrasso, John – (R – WY) Class I
307 DIRKSEN SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-6441
Bond, Christopher S. – (R – MO) Class III
274 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-5721
Brownback, Sam – (R – KS) Class III
303 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-6521
Bunning, Jim – (R – KY) Class III
316 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4343
Burr, Richard – (R – NC) Class III
217 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-3154
Chambliss, Saxby – (R – GA) Class II
416 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-3521
Coburn, Tom – (R – OK) Class III
172 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-5754
Cochran, Thad – (R – MS) Class II
113 DIRKSEN SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-5054
Corker, Bob – (R – TN) Class I
185 DIRKSEN SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-3344
Cornyn, John – (R – TX) Class II
517 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2934
Crapo, Mike – (R – ID) Class III
239 DIRKSEN SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-6142
DeMint, Jim – (R – SC) Class III
340 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-6121
Ensign, John – (R – NV) Class I
119 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-6244
Enzi, Michael B. – (R – WY) Class II
379A RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-3424
Graham, Lindsey – (R – SC) Class II
290 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-5972
Gregg, Judd – (R – NH) Class III
201 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-3324
Inhofe, James M. – (R – OK) Class II
453 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4721
Isakson, Johnny – (R – GA) Class III
120 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-3643
Johanns, Mike – (R – NE) Class II
404 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4224
Kyl, Jon – (R – AZ) Class I
730 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4521
McCain, John – (R – AZ) Class III
241 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2235
McConnell, Mitch – (R – KY) Class II
361A RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2541
Risch, James E. – (R – ID) Class II
483 RUSSELL SENATE OFFICE WASHINGTON DC 20510
(202) 224-2752
Roberts, Pat – (R – KS) Class II
109 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4774
Sessions, Jeff – (R – AL) Class II
335 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4124
Shelby, Richard C. – (R – AL) Class III
304 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-5744
Thune, John – (R – SD) Class III
493 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2321
Vitter, David – (R – LA) Class III
516 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4623
Wicker, Roger F. – (R – MS) Class I
555 DIRKSEN SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-6253
What is a class? – Article I, section 3 of the Constitution requires the Senate to be divided into three classes for purposes of elections. Senators are elected to six-year terms, and every two years the members of one class—approximately one-third of the Senators—face election or reelection. Terms for Senators in Class I expire in 2013, Class II in 2015, and Class III in 2011.


number of people who voted in the most recent election for governor. So, for those of you in California who choose not to vote, if you had voted in the 2006 election for Governor then the authors of this initiative would have needed many more signatures. This is partially your fault – you’re making it easy for them.




Have you seen the 1980s movie, Wildcats? I just bought a copy from the garage sale that is our local Circuit City and I was watching it tonight. In one scene, Goldie Hawn has to outlast every single guy in a race in order to be good enough. While it is in fact a work of fiction, it elegantly illustrates the unreasonable standard to which women are being held twenty years later. It isn’t enough that we’re as able as any – we are asked to be better than any other.




