A publication of the American Civil Liberties Union of Illinois » Volume 72 » Number 1 » Spring 2014

The Illinois Brief All About Marriage ove and marriage: two concepts so intertwined in our culture Land our personal dreams that we often assume that the first can lead to the second. Until recently, that was not always a possibility for everyone living in Illinois; but over the last six months we have witnessed huge changes and significant progress.

On February 21, 2014, Federal Judge Sharon Johnson Coleman ruled that the Illinois ban against same-sex marriage violated the Equal Protection Clause of the U.S. Constitution. In the weeks that followed, county clerks in a number of counties began to issue licenses to same-sex couples. Watching couples apply for marriage licenses put to rest any doubts about the strength of the institution of marriage. Giddy, joyful, nervous Clients from the ACLU of Illinois marriage case and their families. electricity surrounds these couples without regard to their age, sex, Suffering from cancer that had marry in Illinois on November 27. race, and finally, sexual orientation. spread to her brain and bones, The ACLU and Lambda persisted, Vernita Gray knew she would not filing another suit, Lee v. Orr, in Passage of the Illinois Religious survive long enough to marry her December, on behalf of four other Freedom and Marriage Fairness partner, Pat Ewert, if it meant same-sex couples charging that the Act last November, during the waiting until June. On November continued enforcement of Illinois’ legislative veto session, was the 22, two days after Governor Quinn ban on these couples’ freedom to fulfillment of a long-time promise signed the marriage equality marry violated their rights under for marriage equality. But it was legislation, the ACLU of Illinois the U.S. Constitution. The case also a promise deferred. That law and Lambda Legal filed suit in (continued on page 11) does not go into effect to supplant federal court on Gray’s behalf and existing discriminatory laws until requested an emergency hearing to IN THIS ISSUE June 1. For a number of ACLU of immediately grant Vernita and Pat a Illinois clients, this did not just marriage license. U.S. District Judge From the Executive Director 2 represent justice deferred but, in Thomas Durkin agreed and ruled for reality, justice denied because of Vernita and Pat. His prompt, humane Foster Kids in Illinois 3 a life-threatening illness faced by decision recognized that this loving one of the partners. These clients couple should not be denied the Bill of Rights Celebration 4 did not expect to live until June to freedom to marry simply because be able to celebrate their love, and of the arbitrary effective date of the Reproductive Rights 5 to protect one another, through new law. Vernita and Pat became marriage. to first same-sex couple to legally State Legislature 6

www.aclu-il.org Obituaries 8 Page 2 » www.aclu-il.org

What’s At Stake in Hobby Lobby From Executive Director Colleen K. Connell

he Hobby Lobby and Conestoga cases argued in the Supreme [T]he law has never treated the beliefs of the sharehold- TCourt of the United States on ers as one and the same as the beliefs of the corporation. February 25 raise the potential of upsetting many areas of law. At first glance, it seems that these cases approximately three fertile decades decades of First Amendment Law involve one more battle in the fight of her life. Contraception thus and RFRA. The First Amendment for reproductive rights. Upon more has become a critical component does not excuse people from careful scrutiny, much more is at of basic preventive health care complying with generally applicable stake. If the Roberts court rules that for women, with more than 98% laws, particularly when those Hobby Lobby, Inc. and the Conestoga of American women using birth laws are supported by compelling Wood Specialties Corporation have control at some point during their governmental reasons. Courts the right, under the Free Exercise reproductive lives. long have refused to grant religious clause of the First Amendment exemptions from general laws, and/or the Religious Freedom and Providing insurance coverage for refusing for example to excuse the Restoration Act (RFRA), to refuse to birth control is essential as a matter Amish from complying with the comply with the Affordable Care Act of equity. Prior to the ACA, women of Social Security Act, even the face of (ACA) requirement that their health child-bearing age spent 68 % more claims that it violated their religious insurance plans cover contraception, in out of pocket health care costs beliefs. Similarly, courts refuse to the First Amendment, RFRA, and than did men – primarily because of allow schools and businesses to corporate law all potentially will the cost of contraceptives. Inability pay women employees less than have been turned on their respective to access or to afford contraception men employees, despite such heads. places women at a disadvantage in employers’ claims that under the work force compared to their their religious beliefs men are the First, the reproductive rights aspect male co-workers. heads of their households and of these cases: the contraceptive need the money more. And, the coverage provision of the ACA Thus, government has an interest federal courts refused to accept was intended to help eradicate in advancing women’s health and Bob Jones University’s arguments gender-based disparities in health equity that is compelling enough to it was entitled to tax-exempt status care and insurance coverage support the ACA requirement that notwithstanding its discriminatory that historically have prevented employer sponsored insurance plans policies. (The university claimed that women from obtaining essential cover contraception. For decades, its policies against admitting people medical care. Safe and effective federal courts have considered a of color and interracial dating were contraception is one of the top compelling governmental interest, motivated by their religious beliefs public health developments of the narrowly tailored, sufficient to allow and thus did not violate federal law.) 20th century – ranking next to clean government to regulate – even in water and immunizations in terms the face of an objection based on The further argument that Hobby of positive impact on human health. the Free Exercise Clause of the First Lobby and Conestoga can assert Throughout history women and their Amendment or RFRA. The very a religious exemption based children have suffered from the real harm that would be suffered by on the religious beliefs of their health consequences of pregnancies third parties – women employees in shareholders also upends basic that were too early, too frequent, these ACA cases – further supports principles of corporate law. Both and too closely spaced. Without upholding these regulations. Hobby Lobby and Conestoga are contraception, the average woman secular, for-profit corporations. could expect to become pregnant The arguments of Hobby Lobby and Neither corporation is a religious twelve to fifteen times during the Conestoga urge a departure from (continued on page 9) www.aclu-il.org » Page 3 ACLU / RBF Staff The Fight for Illinois Children Colleen K. Connell he Illinois Department of Executive Director Children and Family Services K.T. Sullivan T(DCFS), at its best, reflects Associate Director the adage that “it takes a village” to Mary Dixon raise a child. The department’s web Legislative Director site repeatedly seeks public support for its difficult mission which states Khadine Bennett Legislative Counsel that by “working together, we can ensure a safe, loving home and Maureen Loughnane brighter future for every child.” Development Director under its care. As a guardian and DCFS children need advocates custodian of children without stable, Eric Rogers and, for 26 years, it is a role the supportive families, the department Development Officer ACLU of Illinois has diligently filled. often put its wards into situations Jesse Larson Operating under a 1991 Federal as destructive and harmful as Development Associate Court consent decree, the ACLU the conditions from which they actively monitors and works to keep Logan Turner were removed. The DCFS, at Foundation Relations Officer the DCFS accountable and focused that time, was an out-of-control, on its obligations to Illinois children. unaccountable bureaucracy. Blaring Edwin C. Yohnka Director of Communications & newspaper headlines told horror Public Policy The department’s track record of stories exposing the department’s meeting its mission, at a level that failure to protect at-risk children. Allie Carter can actually protect children, has Director of Advocacy & Outreach Children were dying. dramatically improved over the Maude Carroll years; still, maintaining effective The ACLU of Illinois, together with Online Advocacy Coordinator standards has been something the law firm Schiff Hardin LLC, filed Althea Walton of a roller coaster ride. In 2005, a class action suit in 1988 seeking Finance Director DCFS won plaudits from around the Federal District Court intervention country for its effective operations, Sylvia Bridges on behalf of 10 individual clients Office Manager earning praise from the associate and sought class action status on dean of the School of Social Welfare behalf of all of the children who Cristen Adams at the University of California, Administrative Assistant were or would be in DCFS custody. Berkeley. Dean Jill Duerr Berrick The case, B.H. v. Johnson, revealed Legal Staff told the Congressional Quarterly the horrifying consequences of Researcher in April of that year Harvey M. Grossman DCFS incompetence and negligence Legal Director that there had been “tremendous on the children the department innovation coming out of Illinois.” CQ was mandated to protect. Children Benjamin S. Wolf Researcher also quoted Sue Badeau, Associate Legal Director in DCFS care faced bleak and even Director, Institutionalized Persons then deputy director of the Pew Dickensian living conditions with Project & Children’s Initiative Commission on Foster Care, who little chance of receiving services called the Illinois’ system “the ‘gold Lorie A. Chaiten that every child requires. Almost a Director, Reproductive Rights Project standard’ of child care.” However, third of all children experienced six by 2009 and then again in 2012, the or more placements while under John A. Knight ACLU of Illinois saw a system at risk Director, LGBT & AIDS Projects DCFS care, and many had extended of slipping back on its own reforms. stays in hospitals for the mentally Adam Schwartz ill, detention centers, group homes, Gail Waller The high standards of achievement shelters, and other institutions. Senior Staff Counsel and the hard-earned accolades were Children often were “warehoused” Ingrid Bergstrom the culmination of a long struggle to in these institutions where discipline Ruth Brown reform a once very broken system. at times was maintained by brute Lindsay Miller In 1988, Illinois children unfortunate physical force and where few, if Richard Muniz enough to need DCFS help fell into Karen Sheley any, educational opportunities Roshni Shikari a system of chaos. The besieged, were provided. The lawsuit exposed Legal Fellows under-financed, mismanaged incidences of children being victims department was fundamentally Chris Romer of physical assault, including rape, Kaitlin Towner unable to meet the needs of while under the care of these Legal Assistants the abused, neglected children (continued on page 10 Page 4 » www.aclu-il.org Bill of Rights Celebration 2014 fetes Reproductive Rights Project he ability of all people to make beaten back extremist efforts fundamental decisions without to reduce meaningful access to Tgovernment interference abortion in Illinois. The Project is at the heart of the upcoming recognizes the need to remain 2014 Bill of Rights Celebration, vigilant and to continue to battle as the ACLU of Illinois honors the against laws and policies that significant accomplishments of the restrict access to reproductive Reproductive Rights Project. The health care, including abortion Saturday, May 10, 2014 gala, co- and contraception, because, as chaired by Sylvia Neil and Carrie the United National Convention Newton will highlight the Project’s on the Elimination of All Forms 35 years of successfully protecting of Discrimination Against Women reproductive freedom for women notes, there is an indisputable across Illinois. Congresswoman “link between women’s role in Jan Schakowsky (D-9th) is the reproduction and the continuing guest speaker, bringing her keen discrimination against women.” The insights on how we can work Project’s work is essential to block together to protect these hard-won, such effort to marginalize women fundamental rights for women. and deny them full equality and dignity. Lorie Chaiten, Reproductive The program will highlight the Rights Project Director Reproductive Rights Project’s The Project also continues to women’s health care clinics to close decades of critical work to defend strengthen and extend the reach of their doors. women’s access to reproductive the ACLU of Illinois’ Judicial Bypass health care, and celebrate Lorie Coordination Project, seeking to In Illinios, the ACLU Reproductive Chaiten, the Project Director, for her minimize the harm caused by the Rights Project has led efforts to 29 years of dedicated service. state’s newly-enforced parental defeat the extreme measures and notice law. The program educates to maintain Illinois as a state where Chaiten’s links to the ACLU go youth, providers, advocates, and women are empowered to access back to 1985, when, as a first year courts about the law and ensures a full range of reproductive health associate at Sonneschein Nath and that young women who need a care services. This is why the project Rosenthal, she began working on an judicial waiver of the notification is being feted at the 2014 Bill of ACLU abortion case as a cooperating requirement can receive free legal Rights Celebration. counsel. Since that time, Lorie has assistance from the ACLU. worked on every major reproductive Event co-chairs Carrie Newton and rights case the ACLU of Illinois has The work of the Project is made Sylvia Neil have strong ties to the litigated. more urgent because of the vitriolic, Reproductive Rights Project, and dangerous anti-abortion movement are pleased to be a part of this gala The ACLU of Illinois has established sweeping through state legislatures to raise funds and awareness for a track record lasting more than across the country. We have seen a the ACLU’s critical work. Neil, now 35 years of successfully protecting startling trend in state legislatures a Lecturer in Law at the University the rights of Illinois women and across the nation: more laws were of Chicago Law School, founded the their families, preserving their enacted to restrict abortion in the Project on Gender, Culture, Religion rights to make a range of decisions past three years than at any other and Law at Brandeis University about their reproductive health time in the previous decade. This and previously served as legal care, including whether to carry nationwide effort intensified in counsel and executive director of the a pregnancy to term without 2013. The consequences of these American Jewish Congress for the government interference. draconian laws are now surfacing. Midwest region. There she focused on programs promoting women’s Over the years, the Project has In Texas last year, for example, rights, civil rights, religious liberty, increased access to contraception, legislation muscled through the and peace in the Middle East. removed obstacles to prenatal state legislature and signed into genetic testing and other law by an anti-abortion Governor (continued on page 5) reproductive health services and forced more than half of the state’s Purchase your tickets now: http://brc.aclu-il.org www.aclu-il.org » Page 5 (continued from page 4) An Age Old Story of Control by Patrice Bugelas-Brandt Newton, a lawyer, political activist, and consultant to law firms looking he scene is as chilling as its to expand pro bono work, champions setting amidst icy river-rapids: the Project’s efforts. “Think about TThe mother of an impoverished, it,” she says: “reproductive health is early 20th century Japanese about choosing if, when, and how to family clings to rocks immersed have your family. I know a bit about in freezing water with the hope that.” Prenatal complications in that she will abort the baby she is Carrie’s first pregnancy required a carrying. The blockbuster Japanese medically necessary abortion. She film “Oshin” is a 2013 reprise of a maintains that without that difficult popular Japanese TV series and termination she would likely never was recently playing, with subtitles, have been able to become a mom. on some United Airlines flights. Her beautiful daughter Ariella is Looking for entertainment on a long now 18 months old. flight, the film’s spectacular winter cinematography caught my attention On May 10, the day before but the storyline kept me watching. Mother’s Day, the co-chairs and Unable to feed their existing brood the entire ACLU will celebrate the of children, the father in the film Reproductive Rights Project and its considers renting out their seven- Patrice Bugelas-Brandt is a year old daughter, Oshin, as a efforts to protect every woman’s Volunteer with the ACLU of Illinois right to decide when and if to domestic servant. The mother, Communications Department become a mom. wanting to keep her family intact, but with few alternatives available to unsuccessful. With another mouth women of her time and class, turns to feed, Oshin’s father does, sadly, to the often harsh and brutal form sell his seven-year-old daughter’s of family planning practiced over services, in exchange for rice, to a centuries. wealthier family looking for a live-in Bill of Rights Celebration maid and baby sitter. Saturday, May 10, 2014 The movie’s cast of strong, wise women quietly but forcefully In the United States today, forty-one Westin River North guiding their families makes this years after the U.S. Supreme Court’s 320 N Dearborn a heart-string-tugging chick-flick. Roe v. Wade decision, the arguments Chicago But it resonates because some of pro-choice over pro-life seem issues never change. Today’s shrill to have lost all connection with the fundamental reality that women brc.aclu-il.org discourse over abortion rights often implies that we are facing have always struggled to control the implosion of all morality if, when to have children. Being able as a society, we allow women the to give birth is part of a woman’s freedom to control when, where and definition and, since time began, how they will choose to give birth. having or not having children is part But women exerting control over of our personal stories. A 1997 book their reproductive timing is a song “When Abortion was a Crime” by Officers of the Board of Directors Jill Metz that has no beginning or end. It is an Leslie Reagan traces the changing President integral part of the human story. In social dynamics behind abortion Marc O. Beem the movie, there is no furious shock in the United States. Reagan maps Heidi Dalenberg or dismay over Oshin’s mother’s how the basic biological phenomena David Goroff Harriet Hausman actions; just acceptance that women of reproduction, which used to be Cliff Kelley often must just do what needs to be completely part of a “woman’s Diane F. Klotnia Kerry Miller done, as they always have. Though world,” morphed into an issue Shyni Varghese the film makes no mention of it, it of social debate as Americans Vice-Presidents is pertinent to note that abortions codified the practice of medicine Kerry A. Miller had been ruled illegal throughout and imposed laws which shifted Treasurer the Japanese islands in 1869. reproductive control away from Richard O’Brien The mother’s desperate gambit women. Her research reveals that Roger Pascal General Counsel to not birth another live baby is (continued on page 9) Page 6 » www.aclu-il.org State Legislature: Election Year Action

The General Assembly is back collected by a private drone, but it data which confirmed racial in session with budget issues, would require a warrant should a disparities in stops and searches tangled with election year politics, private drone owner choose not to on Illinois highways and roads. dominating the agenda in both the voluntarily comply. In addition, the Recognizing the program’s positive House and the Senate. Nonetheless, legislation would prohibit police impact, the legislation, sponsored civil liberties bills, ranging from and law enforcement agencies by Representative Monique Davis regulation of drones to school from directing the acquisition of (D-Chicago), would further promote bullying, have gained traction and information by privately owned productive police department won passage out of House and drones. It would be legal, however, assessments of an officer’s Senate committees. for private owners, at their own motivation for stopping a driver. initiative, to share collected data Keeping the program in place serves The Freedom from Drone with police. All information acquired as a reminder to every officer to Surveillance Act, passed and signed by law enforcement groups from self-assess whether or not they are into law last year, established private drones would be subject using the same standards for every privacy-protecting regulations to the retention and disclosure motorist they stop. The bill passed over the use of government owned requirements established by in the House and now moves to the drones. Recognizing the growing last year’s Freedom from Drone Senate. prevalence of drones for private Surveillance Act. and commercial activities, State The Senate Criminal Law Committee Senator Daniel Biss (D-Evanston) The House Judiciary committee unanimously supported legislation introduced a follow-up bill to approved legislation which will mandating judicial oversight on regulate any law enforcement effort permanently require police officers law enforcement’s use of location to obtain information from privately to report and compile data on the tracking data. Sponsored by State owned drones. The legislation, race of motorists stopped for traffic Senator Daniel Biss (D-Evanston), which passed out of the Senate violations, a program that was due the ACLU-endorsed bill would Criminal Law Committee and is to expire in 2015. The program, protect law abiding citizens now up for full consideration in the established in 2003 in response against overreaching government House, allows law enforcement to concerns over police racial surveillance of their travel activity. agencies to request to view data profiling of motorists, generated The bill, which is being amended www.aclu-il.org » Page 7 with clarifying language before workers the same treatment and future jobs, housing, or educational being passed on for full Senate benefits – including temporary opportunities. consideration, would require a court accommodations – as other workers order before law enforcement could who are similar in their ability or The House Elementary and monitor an individual’s current or inability to work. Nothing in the bill Secondary Education Committee future location by accessing tracking treats pregnant women with “special passed a school bullying bill after information generated by the treatment” or “extra” benefits; it hearing persuasive testimony from individual’s use of electronic devices. only seeks to correct the failure by parent witnesses, presented by the employers, and the courts, to uphold Illinois School Social Workers, who The House Labor Committee fair and equal treatment in the advocated the need to clarify and approved legislation that promotes workplace. strengthen existing Illinois laws on workplace fairness for pregnant bullying. The legislation, sponsored workers. The legislation, introduced The House Restorative Justice by Representative Kelly Cassidy by Representative Mary Flowers Committee approved legislation (D-Chicago) and supported by the (D-Chicago), is modeled after the introduced by Representative ACLU of Illinois, would complement Americans with Disabilities Act Kelly Cassidy (D-Chicago) which existing bullying laws by integrating and analogous state law. It seeks would decriminalize the use and specific recommendations proposed to require employers to make possession of small amounts of by the 2010 Illinois School Bullying reasonable accommodations for marijuana. The bill, supported by Prevention Task Force. The bill conditions related to pregnancy the ACLU of Illinois, would create promotes school and school and childbirth unless they can a statewide, uniform “Cannibas district development, posting, demonstrate that doing so would Ticket” and establish a new and distribution of anti-bullying cause undue hardship on the regulatory, non-criminal penalty policy procedures that clearly ordinary operation of their business. of a fine if a person is found in define bullying and which establish The bill addresses the persistent possession of 30 grams or less of guidelines for reporting (including problem that pregnant workers are marijuana for personal use. It also anonymous reporting), investigating, denied the kinds of job modifications proposes a process for assuring and addressing incidences of that are routinely offered to other that once an individual pays the bullying. It also would provide the employees with comparable needs, fine associated with the Cannibas Illinois State Board of Education with despite the fact that Illinois and Ticket, the record is sealed and is data related to the prevalence of federal law currently require not considered a criminal record bullying in schools. employers to provide pregnant for purposes that may hinder 2014 Bill Tracker

Bill Name & Number Where’s the bill now? What can I do?

Drone trailer bill Waiting to be heard in the Learn more: SB 2937 House aclu-il.org/drones Pregnancy Discrimination Placed on second reading in Take action: HB 8 House aclu-il.org/pregnancy School Bullying Placed on second reading in Take action: HB 5707 House aclu-il.org/bullying Marijuana Reform Placed on second reading in Take action: HB 4299 & HB 5708 House aclu-il.org/potreform Racial Profiling Waiting to be heard in the Sen- Take action: Data Collection ate aclu-il.org/trafficdata HB 4442 Location Tracking Placed on third reading in the Learn more: SB 2808 Senate aclu-il.org/location

sign up for emails to stay informed: aclu-il.org/signup Page 8 » www.aclu-il.org Obituaries t the end of 2013 the ACLU belief in fundamental fairness and was known for her creativity and is of Illinois lost two longtime, treating people right. He was, she credited with conceiving the “doggie Ainvaluable supporters. recalls, “a zealous civil libertarian bag” so that restaurant patrons who unequivocally saw inequality could take home any uneaten as an injustice.” That deep sense of portions of their meal. In 1991, Jan fairness motivated his opposition received a lifetime achievement to any discrimination, whether race award from members of her or gender based, and made Weaver industry. Those nominating her for a great mentor, Connell recalled. the award noted “the affection and “He was one of the first men of his admiration with which (she) was generation to actively promote and held by all.” mentor women, supporting their career choices and work.” He was a ACLU of Illinois Executive Director great friend to the ACLU. Bill Weaver Colleen Connell remembers was 79 and is survived by his wife witnessing this affection for Meister Frona Daskal, two children, two first hand at Meister’s 90th birthday Bill Weaver, an ACLU of Illinois step-children, and 10 grandchildren. celebration, which was a gathering board member from 2001 through of family, business colleagues, and 2012, passed away on November former employees. “It was clear,” 22, 2013 after a long struggle Connell recalled, “from all the with emphysema. An attorney people there, that she was sincerely renowned for his deal-making revered by all.” skills, Weaver was a technology expert representing start-up tech Meister was passionate about companies over the course of his 45- the ACLU’s work particularly in year legal career. As a name partner regards to civil liberties, women’s at Sachnoff & Weaver, he was noted rights, and the rights of workers. and praised for his corporate finance As a board member, she served savvy as well as his relaxed style. on the Executive Committee and His former law partners remember the Communication Committee. him as an early supporter of an She had, according to Connell, informal dress code and a promoter “a keen sense for the value of of firm camaraderie after hours, communications” and advocated around the office pool table, dart for increasing and investing in a boards and bridge tables. Friends professional communications staff Janice Oppenheim Meister passed say he knew how to both work hard at the ACLU. Meister was also away on December 24, 2013. Meister and play hard. “terrifically attentive to details on was appointed to the ACLU of financial matters,” Connell said. Illinois Board in 1993, and remained At the ACLU, Weaver served on “And Jan was insistent on our taking a member until her death. She the Budget Audit and Investment care of ACLU staff. She was firm began her career working for Saks Committee and the Executive that we could not preach one set Fifth Avenue, because, as she once Committee, applying the same of values to the world but follow a explained to ACLU staff, that was negotiating skills he used as an separate set for ourselves. She lived the only job she could get out of attorney. He made substantial in a world of ideas and experiences college. Later, during World War contributions as a board member, and enjoyed life no matter what. She II, advertising departments began promoting systemic internal budget reveled in what was possible rather to hire women as they lost male controls and strategic investment than focusing on the ‘can’t.’ She employees to the war effort, and policies. Colleen Connell, Executive was a role model on how to do it: a Meister’s advertising career was Director of the ACLU of Illinois, business owner; a board member; launched. maintains Weaver was “a deal a human being. She was a wise maker who knew how to get to woman, and that is probably how In 1978, she succeeded her ‘yes’. He had an amazing capacity she would want to be remembered.” husband as Chairman of the Board to negotiate a compromise; a solid Meister is survived by twochildren of Bagcraft, now a multi-national, grasp of the art of the possible.” and two grandchildren. This skill, she points out, was foodservice packaging company. paired with his core values – his As a corporate leader, Meister www.aclu-il.org » Page 9

An Age Old Story of Control (continued from page 5) abortion in the United Sates has long 1917, the number of abortion death knowledge have altered how, as a been a contested, politicized issue inquests had reached 103. society, we can tackle these critical even in the years before the Civil problems. Education and access to War. She maintains that the debates I look back and remember family up-do-date standards of medical on the issue of abortion were racist stories about my grandmothers, care give women choices and spare and patently anti-feminist even in who married and started families them the dilemmas women faced the 1840’s. Yet the reality remains: after World War I. One always slept in the past. My grandmothers, and criminalizing abortion did not stop alone after her doctor warned Oshin’s mother as well, would women from doing what they had her that another pregnancy might rightly consider today’s knowledge always done; it just created a black cost her her life, and the other, a and medical advances as nothing market for reproductive control. young widow with two pre-school less than emancipating. age children was caught lifting Culling through data and court heavy bedroom furniture after The last five years have seen convictions as well as police her husband’s funeral. Every escalating assaults on women’s department logs for Chicago woman, every family, is touched at reproductive rights, with state between 1902 through 1934 Reagan some point in their lives by family legislatures enacting more and discovered that the state’s attorney’s planning issues. Modern science has more restrictions on women’s office annually prosecuted very few revolutionized our options but not sexual health. Do we, as a society, criminal abortion cases and won lessened the responsibility women truly want to deny women the right fewer convictions. However, annual carry. That personal responsibility to safely control their reproductive reports compiled by the Chicago and desire for personal control health? Limiting access to Police Department show that over have always been intertwined with medically safe abortions or making the same time period, police arrests reproductive rights. contraceptives unaffordable will for abortion related crimes steadily not stop abortions. Laws cannot increased. Between 1905 and 1910 As a society, we do face a group take away a woman’s determination police made ten arrests a year. responsibility to tackle issues that to control when and how she will Between 1910 and 1920, the average determine reproductive health. have babies. Women have always annual number fluctuated between High rates of sexually transmitted and will always exert that control. 25 to 26 arrests. Anti-abortion disease, high infant mortality rates, But if left unchecked, bad laws will pressure also increased from the maternal morbidity and incidences force desperate women back into Cook County Coroner’s office. . of unwanted pregnancies are all something equivalent to the icy river In 1903, the Cook County coroner social issues. Tremendous strides Oshin’s mother sought as a solution investigated 18 abortion deaths; by in medical and pharmaceutical to an unplanned pregnancy. Hobby Lobby (continued from page 2) corporation, such as a church or and imputes the religious beliefs of synagogue. The very nature of the individual shareholders to the Are you an attorney incorporation is to create a separate corporate entities of Hobby Lobby who would like to re- legal entity for the incorporated and Conestoga, will the Court in company, independent from the future cases pierce the corporate ceive invitations to ACLU legal identity of the individual veil and hold these same individual discussions that shareholders. Shareholders are shareholders liable for the liabilities not one and the same as the of the corporation? provide CLE credit? corporation. To treat them as though they were would border on Hobby Lobby and Conestoga present the impossible in many situations – significant challenges to women’s given the rarity of unanimous belief rights and first amendment law. on the part of all the shareholders. If the Court rules in favor of these A second fundamental principle companies, it will suffer a serious of incorporation is the concept blow to its legitimacy. of limited liability – as a general Sign up for the rule, absent fraud, the individual ACLU email list shareholders of the corporation are not liable for the obligations and get engaged! of the corporation. If the Supreme aclu-il.org/CLEsignup Court pierces the corporate veil Page 10 » www.aclu-il.org Protecting Illinois Children (continued from page 3) institutions, causing serious damage that assigned follow-up caseworkers for key components of the foster to their physical and emotional should not be given more than 20 care system, in violation of the well-being. It also revealed the cases at any given time. At the time terms of the 1991 agreement. This DCFS’ failure to provide counseling of the suit, many DCFS caseworkers preemptive maneuver protected to help children cope with traumatic handled 60 cases simultaneously critical services and standards experiences. and some as many as 100. necessary to effectively meet the needs of children under DCFS care. Foster care often similarly failed The Court appointed an independent The cuts would have resulted in DCFS children. The lawsuit panel of experts, whose report caseworkers for wards of DCFS presented examples of when the supported the ACLU’s claims having their caseloads increased DCFS itself undercut efforts by on behalf of the DCFS children from 15 children to as many as 50. dedicated foster parents by not and brokered a court-approved Similarly, child protective services authorizing needed services and agreement mandating DCFS reforms investigator caseloads would have not providing the funds needed to that would be implemented with nearly doubled under the budget properly provide for their wards. federal court supervision and cuts, increasing caseloads from 12 One conscientious foster family was monitored by ACLU attorneys. to 20 new investigations of alleged threatened by a DCFS caseworker child abuse and neglect every with losing custody of their ward if By 2005, the court-ordered reforms month. The ACLU maintained that, they did not stop “causing trouble” and the ACLU’s relentless oversight if implemented, the budget cuts by advocating for the critical medical had dramatically improved DCFS would have placed DCFS children at and therapeutic services the child operations earning the department, immediate risk of harm. The court needed. as cited earlier, national praise for agreed. its effective services to children The DCFS’ lack of cooperation under its supervision. The reforms Further red flags were raised in often left foster parents with cruel enabled the DCFS to find stable 2012 as the ACLU received reports choices: pay substantial sums adoptive homes for more than that caseloads for investigators out of their own pockets for the 40,000 children while improving were creeping up to levels that services the state should provide; services and reducing caseloads. violated the court agreement and ignore their foster child’s needs The department obtained adequate endangered the safety of children. for these services, thereby being agency funding, improved training ACLU attorneys again sought court negligent parents; or abandon for caseworkers and private agency intervention and, in August 2012, the child to another placement. staff, and reorganized its information the court ordered DCFS to bring At times, children were placed systems. The ACLU’s continued caseloads into compliance with without providing foster parents advocacy also led to reducing the our agreement by the end of the critical information on the child’s number of children in Illinois foster calendar year. medical problems and their need care. In 1995, DCFS had more for medication, as happened with than 50,000 children temporarily Maintaining consistent, well- one diabetic child. The ACLU of placed with foster parents and structured and well-implemented Illinois charged that the department other caregivers; today there are services for children under DCFS regularly placed children in homes fewer than 16,000. From a system care remains precariously difficult. without any consideration of the that was once one of the worst in Department staff turnovers and child’s personal history and the the nation, Illinois DCFS reform position vacancies challenge the appropriateness of the foster home. strategies became a model for department’s ability to meet its As a result, children and foster setting benchmarks and achieving obligation to provide effective homes were poorly matched, leading outcomes for the care of children in services. Significant progress has to inevitable placement failure, government-run systems. been made since 1988. Upholding driving foster parents out of the and protecting the progress achieved system, and further shrinking the However, in June of 2009, the Illinois and continuing to improve DCFS pool of good, available foster homes. legislature passed sweeping budget operations requires significant work cuts, reducing the department’s and effort. The ACLU of Illinois is The chaos and outright negligence of funds and raising concerns that committed to continue monitoring the system defeated even the best- the DCFS services could again be the state’s performance and stand intended of the DCFS caseworkers at risk. ACLU attorneys went back ready to return to court if anything by work-overload. The ACLU law suit to court to prevent the state from compromises the delivery of presented DCFS studies and national implementing the draconian budget services to Illinois children under social science surveys which showed which would have reduced funding DCFS care. www.aclu-il.org » Page 11 All about Marriage (continued from page 1) sought the approval of expedited that the case had evolved from marriage licenses for two of our seeking immediate relief for client couples, and others like plaintiffs suffering from terminal them, whose precarious health diseases to one on behalf of all conditions precluded waiting for gay and lesbian couples, Coleman the marriage equality law to go found unequivocally that Illinois into effect. Judge Coleman allowed law violated the U.S. Constitution the named plaintiffs to marry in by denying same-sex couples the early December, and then created freedom to marry. In a strongly a streamlined process for all other worded opinion, she wrote that couples facing similarly urgent “the marriage ban for same-sex medical circumstances. The ruling couples violates the Fourteenth eliminated the onerous and costly Amendment’s Equal Protection burden of going to court to seek the Clause,” and that these laws right to marry immediately. “discriminat[e] against individuals based on their sexual orientation.” The ACLU of Illinois celebrated and Quoting Martin Luther King, Judge cheered as our clients left the Cook Coleman maintained that “the time County Clerk’s office with their is always ripe to do right.” marriage licenses in hand, having Danielle Cook and Suzie Hutton’s marriage exercised their basic human right to Because the case was brought ceremony at the ACLU offices marry the person they love and with against Cook County Clerk David whom they wish to spend their lives. Orr, its immediate impact was marriage vows and celebrate We also grieved. Within weeks of limited to Cook County. The effect their wedding in our office their weddings, three of our clients of the decision was dramatic and conference room. ACLU of Illinois passed away. immediate. On February 21, Gay and Communications Director Ed Yohnka lesbian couples began to line up in officiated and noted their dedicated Vernita Gray lost her battle with the in Cook County Clerk’s office to activism on the issue of marriage cancer on March 17, 2014. apply for marriage licenses. Many equality. “Danielle and Suzie worked other county clerks across the state side-by-side with the ACLU to Ron Dorfman, a journalist, civil followed suit after determining that make marriage equality a reality in rights advocate, and friend of the they could no longer enforce a law Illinois. Their journey led not simply ACLU, died on February 10 after a a federal court had declared to be to…a celebration of their love and long struggle with heart disease. unconstitutional. Within the first commitment; (their) journey has led Ron married his partner of 20 week of Judge Coleman’s decision, to joy, celebration and basic equality years, Ken Ilio, four days after the more than 250 gay and lesbian for thousands of gay and lesbian December 10 ruling. couples applied for licenses in couples across the state of Illinois.” Cook County alone. They included Quoting Ghandi, Ed reminded us Challis Gibbs, another client in Lee v. 21 teachers, 10 attorneys, six all that “through history the way of Orr, died of stage 4 neuroendocrine accountants, six doctors, six police truth and love has always won.” cancer on February 25. After 21 officers, three electricians, one years of waiting, she and her steelworker, one forklift operator The Illinois Brief (ISSN: 1044-7225) is published four times per long-term partner, Elvie Jordan, and 33 retirees. year - winter, spring, summer and fall - by the were married on December 12 American Civil Liberties Union of Illinois and surrounded by family and friends. The response has been a gratifying the Roger Baldwin Foundation of the ACLU, Inc., 180 N. Michigan, Suite 2300, Chicago, She died knowing that her surviving reaffirmation of the power of love. IL 60601, (312) 201 - 9740. Subscription by partner Elvie was finally her wife Cynics on love and marriage do membership; subscriber price: 50 cents per and was left with the crucial legal not line up at Illinois county clerks’ year. Periodicals class postage paid at Chi- cago, Illinois and additional mailing offices. protections marriage provides to offices to wait for a marriage POSTMASTER: Send address changes to: The surviving spouses. license. Across the state, wedding Illinois Brief, ACLU, 180 N. Michigan, Suite celebrations seem to be going on 2300, Chicago, IL 60601-7401. All unsigned articles may be reprinted without express On February 21, Judge Coleman everywhere - including our ACLU permission. However, the following acknowl- ruled on the broader question of offices. edgement must accompany all reprints: “Re- whether the current ban against printed from the Illinois Brief, a publication of the American Civil Liberties Union of Illinois.” marriage for same-sex couples is Our clients Suzie Hutton and Express written permission is required for all unconstitutional. Acknowledging Danielle Cook chose to take their signed articles in this publication. ACLU of Illinois 180 N Michigan Ave, Ste 2300 PERIODICAL Chicago IL 60601 Phone: (312) 201-9740 Email: [email protected] Website: http://www.aclu-il.org Sylvia Neil Co-Chairs: Carrie Newton http://brc.aclu-il.org celebrating the 35th anniversary of our rights project reproductive saturday, may 10th, 2014 saturday, OF THE AMERICAN CIVIL LIBERTIES UNION OF THE AMERICAN CIVIL LIBERTIES