State and Local Candidate Survey
Candidates for State and Local elected office should complete this
survey on Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) issues
and send answers to candidatesurveys@outrightusa.org
1) Since the early 1990s, Congressional legislation has blocked LGBTQ
people from serving openly in the military. This discriminatory
legislation, commonly referred to as “Don’t Ask, Don’t Tell” (or DADT),
has resulted in the discharge of thousands of qualified military
personnel solely on the basis of their sexual orientation and/or gender
identity. However, the governor of each state is a commander in chief of
the National Guard for that state. Will you support efforts to ensure
that LGBT people may serve openly in your state's National Guard?
Yes, the the full extent that can be done at the state senate level.
2) In 1996, Congress passed (and Bill Clinton signed) the Defense of
Marriage Act (or DOMA). This law overrules the constitutional right of
LGBTQ people to equal protection under the law by banning all federal
recognition of same-sex relationships for various purposes (such as
sponsoring a foreign partner for a visa, or filing a joint tax return).
It also allows states to ignore the Constitution’s “full faith and
credit” clause and reject other states’ certification of same-sex
relationships. Many states have also passed similar anti-LGBTQ
legislation or even anti-LGBTQ constitutional amendments. Will you take
steps to work to repeal state DOMAs (if they exist in your state) and
implement equal treatment in marriage in your state?
Yes, the the full extent that can be done at the state senate level. NC
legislators are currently making the push for a DOMA. I will oppose.
3) LGBTQ people are subject to unequal tax treatment in a number of
areas. For example, while opposite-sex married couples aren’t taxed for
joint health benefits, same-sex couples must pay income tax on domestic
partner benefits that include health care coverage. Asset transfer
taxes, estate taxes, and inheritance taxes that aren’t charged to
straight couples must be paid by LGBTQ couples. As a result, many LGBTQ
couples will pay over five times the tax of a comparable straight couple
over the life of their relationship. Will you take steps to eliminate
any tax discrimination against LGBTQ people by your state/local government?
Yes, the the full extent that can be done at the state senate level.
4) The House and Senate are considering “hate crime” legislation that
seeks to make attacks on LGBTQ people (as well as certain other
minorities) “more” of a crime than a violent attack on a member of a
majority class. Many states already have such legislation implemented on
a state level. Will you lobby against – and vote against – such legislation?
I would vote and work hard against anything that discriminates against
people. NC currently does not include sexual preference and gender
identity as protected classes. NC has problems which needs to be worked
and is not addressed by this question.
5) The House and Senate are considering the Employment
Non-Discrimination Act (ENDA), which would regulate business and remove
employers' and employees' First Amendment rights to freedom of
association by banning private sector discrimination based on sexual
orientation. Many states and municipalities already have similar laws on
a local level. Will you vote against/veto those laws?
The 1st amendment must be protected, as must all bill of rights. They
need to be applied so that all person are equal under the law.
Government should not be involved in regulating hiring practices, except
for government jobs. Gov't should be protecting peoples rights to
non-discrimination when it comes to employment, but we cannot afford a
massive government bureaucracy to regulate this. The civil courts are in
place for this reason. If there are impediments to the civil process,
these impediments need to be removed.
6) Often, the federal government and state governments use funding to
compel compliance with certain discriminatory practices. For instance,
one federal bill introduced into the last Congress would withhold some
federal education funds for states that refuse to embrace an anti-LGBTQ
mandatory educational curriculum. Will you pledge to refuse to implement
anti-LGBTQ federal and state mandates even if that opposition would
result in reduced funds from federal or state government coming to your
constituency?
Yes, the the full extent that can be done at the state senate level.
7) State and federal regulations have severely restricted the
availability of certain kinds of health insurance, such as “catastrophic
care” coverage, to force people into expensive HMOs and similar programs
that offer so-called “comprehensive” coverage. As a result, healthy
LGBTQ people have not been able to buy insurance that fits their needs,
and many are unable to afford health insurance – rendering them
vulnerable to catastrophic illness (and financial stress) as a result.
Will you take steps to ensure that LGBT individuals and families will
have the right to buy the insurance they decide they want, rather than
the insurance that bureaucrats mandate they "need?"
Yes, the the full extent that can be done at the state senate level.
8) As an elected official, you will be the chief executive of your own
staff, with tremendous decision-making power over general employment
policy in your office. Will you take steps to ensure that your LGBTQ
government employees (if any) are treated equally to straight employees
in the provision of health care benefits and other conditions related to
employment?
Yes, the the full extent that can be done at the state senate level.
9) Efforts to water down, or even eliminate, the Second Amendment right
to keep and bear arms have been gaining momentum. Self-defense is a
crucial right for many LGBTQ people, who have often avoided severe
injury or even death due to the prudent use of a firearm for
self-defense. Organizations such as the Pink Pistols have emerged to
help protect and defend this right. As an elected official, will you
unambiguously support the right of LGBTQ Americans – and all other
law-abiding people – to keep and bear arms for self-defense as outlined
in the US Constitution by opposing *all* legislation or regulation that
restricts the right to keep and bear firearms?
Yes, the the full extent that can be done at the state senate level.
10) LGBTQ parents – especially adoptive parents – often find difficulty
in traveling across the country due to anti-LGBTQ state laws that refuse
to recognize their status as parents granted by their home state. Some
have even lost custody of their children due to a simple vacation that
took them into “hostile territory.” This is in direct violation of the
Constitution’s full faith and credit clause that requires states to
recognize other states’ certifications and legal status. As an elected
official, will you take steps to eliminate discriminatory legislation or
policies that could undermine the parental status of LGBT parents in
your jurisdiction?
Yes, the the full extent that can be done at the state senate level.
11) Do you have any other comments or statements that you’d like to make
to the LGBTQ community?
I will be a fighter! I am not afraid to upset the status quo. You need
more vigilance in NC because there is always a bill introduced to
discriminate against LGBTQ. Visit me if I am elected. Wherever there is
a wrong that needs to be righted, I will gladly submit a bill even if it
is not in my political best interest. I do not seek office to serve my
own interests but to bring back rights to the people who are stomped on
the most. I will actually try to live on that measly salary, and will
refuse money from PACs and lobbyists. That is the only way to clear out
the corruption.
Jan MacKay http://grassroot.us/mackayforsenate/
NC Senate Candidate 15, Raleigh, Wake County
