[Congressional Record Volume 165, Number 103 (Wednesday, June 19, 2019)]
[Senate]
[Page S3829]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                   Nomination of Matthew J. Kacsmaryk

  Mr. LEAHY. Mr. President, later this month our Nation will mark the 
50th anniversary of the momentous uprising at the Stonewall Inn, an 
occasion that led to June being designated as Pride Month. From parades 
and celebrations to quiet remembrances, millions of Americans are 
reflecting on the progress made in the last 50 years for LGBTQ rights, 
but under the current administration, I fear some of that progress is 
at risk.
  President Trump, who once claimed to be an ally of the LGBTQ 
community, has proven to be anything but that. His administration has 
pursued a series of administrative rule changes that seek to undermine 
the progress made by the LGBTQ community. That includes, at seemingly 
every opportunity, attempting to make life more difficult for 
transgender individuals, a community of people who already face daily 
discrimination.
  The Trump administration has worked to erase the gender identities of 
Federal inmates; to restrict access to healthcare and allow homeless 
shelters to freely discriminate against LGBTQ individuals under the 
false guise of religious freedom; and to ban transgender servicemembers 
from our Armed Services, many of whom have served this country for 
years, including during times of war.
  If discrimination by policy were not enough, President Trump also 
nominated an unapologetic anti-LGBTQ zealot for a lifetime appointment 
to the Federal bench, a nominee Senate Republicans are ready to confirm 
on the floor this week.
  Matthew Kacsmaryk has a long history of espousing uninformed, 
offensive, and downright bigoted views of LGBTQ individuals. In 2016, 
he wrote that the existence of transgender identity is a ``delusion'' 
and that treating transgender patients in accordance with their gender 
identity is ``radicalism.'' He has repeatedly disparaged the LGBTQ 
rights movement and described efforts to roll back progress as a ``Long 
War Ahead.'' He has argued that discrimination against LGBTQ persons 
should be legal in employment, public accommodations, and healthcare. 
He has opposed equality in every possible arena, including anti-
discrimination provisions in reauthorizations of the Violence Against 
Women Act and the Runaway and Homeless Youth Trafficking and Prevention 
Act, two pieces of legislation that I authored and care about deeply, 
legislation that attempts to defend the most vulnerable in our society.
  No one can credibly claim that an LGBTQ individual, seeking nothing 
more than equality under the law, would receive a fair hearing from a 
Judge Matthew Kacsmaryk, a man who considers himself a warrior in the 
effort to roll back LGBTQ rights. He is simply unfit to serve as a 
judge. The fact that Senate Republicans would consider the nomination 
of Matthew Kacsmaryk during Pride Month adds additional insult to the 
LGBTQ community, which rightly speaks with a single voice in opposition 
to this nominee.
  Protecting LGBTQ rights need not be a partisan effort. Senator Ted 
Kennedy and I worked with Republican partners to pass the Matthew 
Shepard and James Byrd Jr. Hate Crimes Prevention Act into law, which 
ensures that hate crimes motivated by sexual orientation or gender 
identity are federally recognized and prosecuted. I also worked with 
Senator Crapo when we authored the landmark reauthorization and 
expansion of the Violence Against Women Act in 2013, which expanded 
protections for LGBTQ victims. The Senate has an opportunity to come 
together again in enacting much-needed reforms by passing the Equality 
Act.
  A most basic duty of government is to protect its citizens. By 
allowing President Trump to repeatedly attack the LGBTQ community 
without taking action or speaking out, the Senate is failing in our 
duty. American citizens will suffer greatly from discriminatory 
policies and judges with hostility toward the LGBTQ community. People 
at their most desperate will be refused medical care and turned away 
from shelters. Soldiers will be forced to hide who they are or risk 
being discharged and prevented from serving the country they love. 
Inmates will be housed with people of a different gender, opening the 
door to abuse.
  If the President is able to sanction overt discrimination against 
marginalized members of society with impunity, the words ``all men are 
created equal'' have little meaning. I implore each member of this body 
to stand up for the rights of all our LGBTQ constituents and friends, 
not just during Pride Month, but every month. I, for one, will stand 
with them.


                   nomination of allen cothrel winsor

  Mr. SCOTT of Florida. Mr. President, Judge Allen Winsor has honorably 
served the State of Florida for several years, and I proudly support 
his confirmation as a district judge for the Northern District of 
Florida today. He has demonstrated a keen legal acumen and adherence to 
the rule of law, both in his prior capacity as the solicitor general in 
the Office of the Florida Attorney General and in his present role as 
an appellate judge on Florida's First District Court of Appeal. His 
service on the appellate bench in Florida has consistently reflected 
his respect for the separation of powers and devotion to the proper 
function of the judiciary in our democratic system. As Governor of 
Florida, I had the distinct honor to appoint him to the First District 
Court of Appeal in 2016, and I am proud to support his confirmation to 
the Federal bench, where he will continue to serve our State and Nation 
well.
  Mr. ROBERTS. Mr. President, I ask unanimous consent that the votes 
following the first vote in this series be 10 minutes in length.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The question is, Will the Senate advise and consent to the Kacsmaryk 
nomination?
  Mr. TESTER. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Booker) 
and the Senator from New York (Mrs. Gillibrand) are necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 52, nays 46, as follows:

                      [Rollcall Vote No. 172 Ex.]

                                YEAS--52

     Alexander
     Barrasso
     Blackburn
     Blunt
     Boozman
     Braun
     Burr
     Capito
     Cassidy
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Enzi
     Ernst
     Fischer
     Gardner
     Graham
     Grassley
     Hawley
     Hoeven
     Hyde-Smith
     Inhofe
     Isakson
     Johnson
     Kennedy
     Lankford
     Lee
     McConnell
     McSally
     Moran
     Murkowski
     Paul
     Perdue
     Portman
     Risch
     Roberts
     Romney
     Rounds
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Shelby
     Sullivan
     Thune
     Tillis
     Toomey
     Wicker
     Young

                                NAYS--46

     Baldwin
     Bennet
     Blumenthal
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Feinstein
     Harris
     Hassan
     Heinrich
     Hirono
     Jones
     Kaine
     King
     Klobuchar
     Leahy
     Manchin
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Udall
     Van Hollen
     Warner
     Warren
     Whitehouse
     Wyden

                             NOT VOTING--2

     Booker
     Gillibrand
       
  The nomination was confirmed.

                          ____________________