NJ Congressman: Gay rights, civil rights not the same

WASHINGTON – Republican Rep. Chris Smith of New Jersey is under fire from Rep. Frank Pallone and other Democrats for what they say was a slur against the gay community.

Smith, who chairs a House Foreign Affairs subcommittee, said during a Jan. 27 hearing before the panel, “I am a strong believer in traditional marriage, and do not construe homosexual rights as human rights.”

At the time, the Subcommittee on Africa, Global Health, Global Human Rights and International Organizations was hearing testimony about Nigeria, which last year banned same-sex marriages and made homosexual relations punishable with a 14-year jail sentence.

Smith made his comment before asking a witness whether the Obama administration’s support for the lesbian, gay, bisexual and transgender community has hindered U.S. aid to Nigeria for combating the terrorist group Boko Haram, or to faith organizations for combating malaria and other problems. A State Department official responded that, to his knowledge, such aid has not been affected.

Smith noted during the hearing that there are “fundamental differences in the United States over the whole LGBT issue,” and that he respects the views of others.

Pallone, who has worked with Smith on environmental issues, released a lengthy statement Tuesday admonishing Smith for making a “troubling and inexplicable” distinction between the rights of LGBT individuals and human rights.

“The day that we begin plucking certain categories of people out from under the protections of universal human rights because of who they are is the day we abandon our commitment to building a more just world,” Pallone said.

On Monday, Chris Hillmann, LGBT Caucus chair of the New Jersey Democratic State Committee, said Smith should apologize for “trying to pit some people’s human rights against those of others.” The statement points to Smith’s score of zero on a congressional scorecard by Human Rights Campaign, an LGBT advocacy group.

“For a person in his position to dehumanize such a large segment of our society and to suggest that members of the LGBT community are creating hurdles for U.S. diplomats is appalling on so many levels,” Hillmann said.

A statement released late Tuesday by Smith’s office noted there is no consensus in the U.S. or globally supporting gay marriage as a human right.

“My record is consistent in demonstrating support for democratic rule and universally recognized human rights for all,” Smith said. “It is unfortunate that political foes are using the volatile situation in Nigeria to distort my record and push their own political interests.”

The hearing was the fourth Smith has convened on ways to combat Boko Haram in Nigeria. His questions about U.S. policy in Nigeria stemmed from his previous conversations with African officials and religious leaders, according to his office.

The statement points to Smith’s leading role in sponsoring laws to protect the “weakest and most vulnerable,” including the Trafficking Victims Protection Act of 2000. In 2009, he signed congressional letter to Ugandan President Museveni opposing legislation that would penalize a single act of homosexual conduct with a life prison sentence, or, in cases involving an HIV-positive person, a mandatory death penalty.

“All governments have a duty to protect everyone, and I am unequivocally opposed to acts of violence against anyone,” Smith stated. “All individuals, including LGBT persons, should be treated with respect and compassion.”

New Jersey Democrats noted that Smith’s comments came the day of a report that 12 young men were arrested in Nigeria on charges of attending a gay wedding. Pallone said members of Congress must promote the expansion of human rights, adding that Smith’s comment was intended to push the administration to ignore LGBT rights as a matter of policy.

“In New Jersey we have a proud and vibrant LGBT community that makes innumerable contributions to the state, including in Congressman Smith’s district,” Pallone said. “While we still have work to do to advance LGBT equality in the United States, we should strive to see the United States as an example of LGBT equality and universal human rights.”

Nicole Gaudiano at ngaudiano(AT)gannett.com. Follow her on Twitter at www.twitter.com/ngaudiano.