European Stars And Stripes (Newspaper) - December 17, 1987, Darmstadt, Hesse                                Thursday december 17, 1987 the stars and stripes Page 5 Byrd Biden give Kennedy passing Grade Washington i supreme court nominee Anthony m. Kennedy won crucial votes of Confidence from iwo Senate democratic leaders tuesday although he was qum Ione sharply Dur ing his confirmation hearing about his Commil Manl to equal rights and fairness. Near the end of Kennedy s testimony. Senate majority Leader Robert c. Yrd. D-w.vji., said he expected Kennedy would be Able to Don Hose Robes based on what he s heard so far. Judic iary Commilles chairman Joseph r. Biden or. A Del. Called the nominee honorable and.  the Federal appellate judge from Sac Ramento Calif is president Reagan s third nominee for the coun scat Hal has been vacant since june the firs Robert h. Bork was Defeated by the Senate. The second Douglas to. Of Ginsburg. Withdrew from consideration after admitting past use of marijuana. The favourable words from Byrd and Biden came on a Day marked by sharper exchanges than were present during the almost kid gloves neat men Kennedy received a Day earlier. But Kennedy Force fully defended his commitment to equal Ity for women civil rights and the rights of Union members. Kennedy wrapped up his committee testimony after seven hours on the wit Ness stand. On monday he testified nearly five hours. Bork had testified for about 30 hours. Byrd told Kennedy i Don t believe you re in any trouble. I m inclined to vote for you barring any unforeseen Hap pening. I have the feeling you re going to have Ine Opportunity to Don those Robes and sit on the  and Biden added "1 Don t think any body Here knows How you re going 10 Rule on any of these  Bui he said he was looking for nominees who Ike Kennedy did not have ideological briefs in their Back pocket did not have an Agenda. You Are extremely honorable and.  Byrd and Biden voted against Bork judge Anthonym Kennedy gels support from wife Mirand daughter Kristin during confirmation hearings before the Senate judiciary committee. Who was Defeated 58-42, Kennedy sparred during tuesday s hearing with Liberal democrats Howard m.  and Edward m. Kennedy moderate Republican Arlen Specter and conservative gop member Gordon Humphrey they questioned him about his Opin ions thai turned Down mexican Ameri cans claims of voting rights discrimination overturned a lower court plan to give comparable pay to females working for the stale of Washington went against unions in labor disputes and upheld the Navy s right to discharge homosexuals. Following a pattern he established monday Kennedy explained his specific rulings but also made Broad Sta Mcmenis of his commitment to Equality and fairness As a judge on the san Francisco based 9lh . Circuit court of appeals which handles cases from nine Western states. "1 am absolutely commit cd to enforcing congressional policy to eliminate barriers against discrimination against women particularly in employment and the marketplace. We do not have a free society where those barriers exist Ken Nedy told Mel a Nahum a Olio. On civil rights he Lold speller. He a., that the historic 1954 decision that struck Down separate but equal schools was right when decided and i to link it would have been right if decided 80 years before. I Lessy is. Ferguson tie 1896 ruling permitting separate but equal facilities for Blacks was wrong the Day it was  and Union members he said Are entitled to full Protection. As a fundamental matter workers arc protected in their rights to organise and rights to collective bargaining Kennedy repeated his statement Mon Day that he found a right of privacy in the Constitution and expanded in re Marks to specifically include the right of marital privacy. It s very Clear that Pri Vacy  most helpful noun he said. In the comparable pay Case. Kennedy wrote the opinion that overturned the the lower court ruling that would have provided nearly is billion to 15.5 10em Plo yees 71 percent of whom were female. The state had found that workers in male dominated jobs earned 20 percent More than those in jobs dominated by women although the positions involved similar duties. Asked about the Case by Mel Renbaum Kennedy said he Well understood that wage barriers exist for working women because his wife. Mary is a school teacher but in explaining the ruling. Kennedy said we did not see that Congress Man dated that result the payments to Tower paid workers. We did not think there was a shred of evidence the slate Deli Bramy maintained that pay scale in order to intentionally discriminate against  Congress agrees to ban smoking on some flights Washington a Cigar tic smoking would be prohibited on . Air line to lights of two hours or less for the next two years under legislation agreed to tues Day by House and Senate negotiators. The ban would affect so percent of All Domestic routes and would take effect four months after final passage of the giant spending package. The agreement was reached by senators and representatives working on the transportation Section of the 1600 billion spending Bill that would cover Federal operations for the 1988 fiscal year. The House had passed legislation july 13 that would have placed a permanent ban on cigarette smoking on All flights of two hours or less. Reagan adviser Powell backed for promotion on oct. 2fl, the Spitale approved Lan Guage forbidding smoking on Domestic sights of 90 minutes or less for two years. The ban s chief sponsors rep. Rich Ard Durbin dial and sen. Frank Lau Tenborg . Had argued that govern ment studies had indicated Agar let smoke could be unhealthy to non smok ers forced to breathe it. Opponents led by tobacco state lawmakers said the restrictions would harm tobacco growers and insisted that More evidence of the health risks of passive smoke is needed. Under the language accepted by the negotiators passengers caught smiling would be subject of tines of up to s 1.01 0. In addition a $2,000 Fine would be imposed on passengers caught tampering with smoke detectors in Airliner rest rooms. Air line pilots who have opposed the smoking restriction have said the ban could Force people to smoke in the lavatories where the risk of a fire is greatest. The Compromise still must be accepted by the full House Senate committee Hal is working on the Overall Bill. Then the Mea sure would have to be approved by both Chambers and signed by president Reagan. Washington