SUMMER 2015

ACTOR & ACTIVIST Marlee Matlin: EQUAL OPPORTUNITIES FOR PEOPLE WITH DISABILITIES beyond marriage THE FIGHT FOR FULL LGBT EQUALITY EXTREME

POLICINGPRACTICES THAT SET LAW ENFORCEMENT AGAINST ACLU.ORG COMMUNITIES–AND THE ACLU'S PUSH FOR REFORM WE ASKED MEMBERS TO EXPLAIN WHY THE ACLU IS SUCH AN IMPORTANT PART OF THEIR LIVES. HERE ARE A FEW OF THE RESPONSES WE I’M RECEIVED. THEY SPEAK VOLUMES. WHY LU The Issue THE AMERICAN CIVIL LIBERTIES UNION C FEATURED A “I want my AN MEMBERS daughters JERRY NEWTON & DAVID WEINBERG CHICAGO, IL to be who MEMBER they want “Deciding to have to be, love and raise a child is probably who they the most important decision want to a woman can make, and that love, and PROTECT THE CHILDREN, PRESERVE THE TRIBE, decision should be hers live in a PAGE 24 Rochelle Walking Eagle’s children, alone, not to be made by world that Andreanne and Issac JERRY NEWTON, (pictured with their ACTIVIST others. Thank you, ACLU, for treats them father Andrew Ironshell), helping to protect this right. with the were taken away from ” their family in direct respect violation of the Indian Child Welfare Act. that they “The ACLU is one of the deserve.” my stand foremost organizations features 10 Why Did the ACLU Hire a DERWOOD STEVENS Technologist? Daniel Kahn devoted to improving the VIA FACEBOOK Gillmor on the ACLU’s work to STUDENT RIGHTS, WRONGED ensure the law and tech work for you. lives of people who are The freedoms of our young people continue to be stripped away as they walk through the schoolhouse door. We take End Discrimination Against DAVID WEINBERG, 34 su!ering injustice. you back to school as we discuss the ACLU’s work to protect Pregnant Workers ACLU President GALLERY OWNER 11 ” “ALONE WE the civil liberties of students. Susan N. Herman shares the progress to end workplace inequity. Chicago residents Jerry Newton and her husband, David Weinberg, FEEL POWER- have been members of the ACLU for decades and have devoted their LESS AND OUT- 36 Why I’m an Ally Republican political strategist Steve Schmidt lives to promoting civil liberties. Jerry has been involved in many civil NUMBERED, BAD LAWS, BAD LAW ENFORCEMENT BUT KNOWING shares his thoughts on the freedom rights issues, including the fight for reproductive rights, and David pro- Ill-considered policies have resulted in adversarial relationships to marry—and why he developed an THE ACLU IS motes civil liberties through the arts. between police and the communities they are sworn to serve— alliance with the ACLU. THERE, WE FEEL 18 with each side resenting and fearing the other. But thanks to About a year ago, David refocused the work in his Chicago gallery, EMPOWERED the ACLU and other groups, there are signs of improvement. AND HOPEFUL.” David Weinberg Photography, to center on social justice issues—cur- departments rently, youth in prison. He is partnering with the ACLU to use his gallery MARTHA & ROGER CROTTY PROTECT THE CHILDREN, PRESERVE THE TRIBE 2 The Bullhorn for a variety of events. ASHEBORO, NC Despite federal laws designed to protect the integrity of Indian 3 Contributors tribes and their families, Indian children are removed from their 4 Dialogue 24 families at high rates after shockingly short court hearings. I believe in the U.S. Con!itution. Nobody fights for it like the ACLU. The ACLU is fighting to end these practices. 5 In Brief 29 Arts & Culture EVE MAJOR, VIA FACEBOOK 37 ACLU Moment

CV2 AMERICANTell CIVIL LIBERTIES us whyUNION |SUMMER you’re 2015 a member at ACLU.ORG/MEMBER ACLU.ORG SUMMER 2015 | AMERICAN CIVIL LIBERTIES UNION 1

ACLU.ORG THE bullhorn BY ANTHONY D. ROMERO

VOLUME 2, ISSUE 2 ABOUT US: Founded in 1920, SUMMER 2015 the American Civil Liberties Contributors ACLU LEADERSHIP Union (ACLU) is our nation’s guardian of liberty, working PRESIDENT OF THE BOARD Susan N. Herman daily in courts, legislatures and SUZETTE BREWER VICE PRESIDENT AND communities to defend and TREASURER OF THE BOARD Robert B. Remar preserve the rights and liberties SUZETTE BREWER SPECIALIZES IN FEDERAL INDIAN LAW and that the Constitution and laws EXECUTIVE DIRECTOR the separation of church and state (“Stu- has written extensively on the Indian Child Welfare Act for Indian Anthony D. Romero of the United States guarantee dent Rights, Wronged,” page 11). Country Today Media Network. Her published books include Sovereign: DEPUTY EXECUTIVE DIRECTOR everyone in this country. Our Dorothy Ehrlich An Oral History of Indian Gaming in America (Ipanema Literatures, What I hope you see throughout these critical work in the courts and DIRECTOR OF AFFILIATE stories is that the victories we are fighting in legislatures across the coun- 2009). She is a member of the Cherokee Nation and is from Stilwell, SUPPORT AND ADVOCACY Geri Rozanski for aren’t just about changing the lives of try is possible only because of Oklahoma. Protect the Children, Preserve the Tribe, page 24 LEGAL DIRECTOR individual clients—they are about ensur- the generosity of our members. Steven Shapiro ing that our victories impact the lives of Please give at aclu.org/donate. COMMUNICATIONS DIRECTOR people all across the country. Emily Tynes CHIEF DEVELOPMENT OFFICER You can read about a case in South Dakota The ACLU can be reached at: DAVID BROWN Mark Wier that grew out of the experiences of three 125 Broad Street, 18th Floor CHIEF OPERATING OFFICER AND WIDELY PUBLISHED under the pseudonym D.B. Grady, David GENERAL COUNSEL Indian families who had their children re- New York, NY 10004 Terence Dougherty moved from their homes in clear violation 212-549-2500 Brown is the coauthor of Deep State: Inside the Government Secrecy of a federal law that was created almost aclu.org/contact-us Industry (Wiley, 2013) and The Command: Deep Inside the President’s MAGAZINE STAFF 40 years ago (“Protect the Children, Pre- Secret Army (Wiley, 2012). He is a contributor to The Atlantic and STAND EDITORIAL AND serve the Tribe,” page 24). In a precedent- The Week and is a regular television and radio commentator. CONTENT DIRECTION Exchanging Mailing Lists: The ACLU Dan Davenport (MXM) setting victory, the court ruled in favor of Bad Laws, Bad Law Enforcement, page 18 Justin Davey (MXM) defrays the cost of our new mem- the plaintiffs in March and made it clear Rachel Fishman (ACLU) ber recruitment by renting or Liz FitzGerald (ACLU) that, “Indi- exchanging our list with other non- STAND DESIGN DIRECTION an children, profit organizations and publica- Casey L. Gradischnig (MXM) parents and tions, but never to partisan political PHYLLIS ECKHAUS STAND magazine (ISSN 2378- STAND FOR THE tribes deserve groups or to groups whose pro- 8380) is a publication for mem- better.” grams are incompatible with ACLU PHYLLIS ECKHAUS, ACLU MANAGER OF FOUNDATION bers of the American Civil Liber- ties Union (ACLU). Send changes MOST VULNERABLE And, as we policies. All lists are rented or RELATIONS, has written for Newsday, The Nation and In These of address and questions about exchanged according to strict pri- your ACLU membership to continue to Times, where she was a contributing editor. Co-founder of an [email protected]; mail vacy procedures recommended by ACLU chapter in her book-banning Connecticut hometown, she’s them to ACLU, 125 Broad Street, “S" #"$% &' () *&+) )$",%* -)"-#) .$ /*.' advance Baldwin’s vision, we often take the U.S. Privacy Study Commission. 18th Floor, New York, NY 10004; country willing to fight for their rights, our fight far beyond the courtroom in also a lawyer who devoted years to wresting short-lived reforms or call 212-549-2500. Send edi- We never give our list directly to any torial correspondence specific to we’ll be called a democracy.” order to have the greatest impact. We’re organization; instead we send the from the New York City schools. Student Rights, Wronged, page 11 the publication to STAND Maga- working with unlikely allies such as Re- list to a letter shop that prepares the zine, ACLU, 125 Broad Street, I often think back to this quote from Roger 18th Floor, New York, NY 10004, publican political strategist and former or email to [email protected]. This Baldwin because it gets to the very core of mailing for the organization that is McCain for President campaign manager participating in the rental or In Brief Contributors The Guide Contributors is not a subscription publication, why he and a small group of likeminded ide- and we do not accept unsolicited Steve Schmidt (“Why I’m an Ally,” page exchange. That organization never manuscripts or advertisements. alists founded the ACLU 95 years ago—and ADAM RAWNSLEY is a Washington, D.C.– MASON KORTZ is a Legal Fellow at the 36) and helping to shape future technolo- sees our list and never knows what ©2015 American Civil Liber- it remains the foundation of our work today. based reporter covering the intersection of ACLU of Massachusetts. ties Union Foundation. All rights gies so they take privacy and speech rights names are on it unless an individual technology and national security. reserved. Contents may not be The ACLU is about people like you and me responds to the organization’s mail- JAIME HANSEN is the Development reproduced without the express into account (“Why Did the ACLU Hire a MATT STROUD is a reporter covering law Director for the ACLU of Idaho. written consent of ACLU. Re- coming together to beat back threats to ing. The ACLU always honors a quests for reprints should be di- Technologist?” page 10). enforcement. rected to [email protected]. our liberties and to seize opportunities to member’s request not to make his AISHA SPRINGER is a Philanthropy As- The work that the ACLU does today or her name available. If you do not Published by Meredith Xceler- advance our rights, especially for the most KATHLEEN GEIER is a journalist and policy sociate at the ACLU of Maryland. ated Marketing (MXM), 1716 reaches far and wide, and none of it would wish to receive materials from other researcher who writes about women’s repro- Locust Street, Des Moines, IA vulnerable in our society. DENNIS PARKER is the Director of the be possible without supporters like you. organizations, write to the ACLU ductive rights. 50309. Printed in the USA. ACLU’s Racial Justice Program. The ACLU comprises two sepa- In this issue of STAND you’ll read about Membership Department, and ANNAMARYA SCACCIA is a New York- rate corporate entities, the we will omit your name from list DOROTHY M. EHRLICH is the Deputy American Civil Liberties Union our work to address the injustices faced based journalist who has reported exten- rental and exchange. Thank you for Executive Director for the ACLU. and the ACLU Foundation. Al- by the poor and communities of color as sively on domestic violence. though both the American Civil your understanding. Liberties Union and the ACLU a result of reckless police practices (“Bad AMANDA GOAD is a former staff attorney Foundation are part of the same Laws, Bad Law Enforcement,” page 18). We for the ACLU’s LGBT and AIDS Project. overall organization, it is neces- sary that the ACLU have two sep- also take you back to school to highlight arate organizations in order to do our work to defend students’ rights, which ACCREDITED a broad range of work in protect- ing civil liberties. This magazine CHARITY continue to be denied in areas such as free Anthony D. Romero collectively refers to the two orga- COVER ILLUSTRATION by Daniel Hertzberg nizations under the name “ACLU.” speech, treatment of LGBT students and EXECUTIVE DIRECTOR give.org

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ACLU.ORG dialogue

thank you for promoting justice and for making your readers aware of the many defects in our society in need of remedy. WHAT‘S HAPPENING, WHAT‘S NEXT — David Quintero, Monrovia, California In Brief Immigration Impact my card because no one On Guardianship independently. For many oth- ever asked to see it, and it ers, guardianship is imposed didn’t seem to get me any HERE IS A LOOK AT THE with little regard for where IMPACT OF SOME OF THE special perks. Then in the AS PARENTS OF TWO the individual has capacity to ACLU’S IMMIGRATION 1988 presidential campaign, ADULT SONS with pro- make decisions. Guardianship REFORM WORK. George H.W. Bush attacked found physical and mental has been used as a one-size- 105,747 DREAMers Dukakis as a “card-carrying disabilities, my husband fits-all tool to prohibit people immediately eligible ACLU member.” I decided and I have been through from working, from express- for driver’s licenses— then and there that I was a number of guardianship ing their sexual orientation, with more becoming eligible obligated to carry my ACLU hearings. For both of our and from seeing loved ones. every day—thanks in part card in my wallet. I have sons, the judge has asked We need options that respect to ACLU litigation and advo- done so ever since. them directly if they were the capacities and interests of cacy around the Deferred John L. Hammond in agreement with having us the individual. Action for Childhood Arrivals New York, NY as guardians, to which they program, instituted in 2012. were unable to respond, nor Corrections: 1,134 People released Equality for All? did they have any idea they > In “ACLU Moment: Tinker from U.S. Immigration were being asked a question. v. Des Moines” (Winter 2015), and Customs Enforce- Plaudits That’s why guardianship we neglected to mention that REMEMBER WHEN FLIERS GROUNDED NO MORE ment detention in the for them is so necessary. Mary Beth Tinker’s brother, APARTHEID was the law Lawsuit challenges the constitutionality of the government’s secret No Fly List. Los Angeles area alone, plus In your article “Challeng- John, was equally involved in I’M IMPRESSED and of the land in South Africa, several hundred more across the case, as was Christopher any justification that could be held up to scrutiny. depressed [by STAND]. Im- and the white masters as- ing Guardianship” (Winter W!"# $!" %&'"(#)"#$ *+$ 13 A)"(,-.#/ the western United States, Eckhardt. which bans individuals from In June 2014, the suit prompted a federal judge to pressed by the range of your sembled formidable police 2015), Jenny Hatch ended up &# $!" N& F01 L,/$, after the ACLU won them air travel based on vague criteria, it took away their rule that Americans had a constitutional right to air coverage and what you are forces throughout the coun- with guardians for at least a > In “Know Your Rights: Pho- bond hearings. ability to travel to visit with family, find employ- travel and that the government needed to notify the doing. Depressed by so many try to protect themselves year. The celebration over tography” (Winter 2015), we Over 300 localities and ment and receive proper medical care. And it did ACLU’s clients on the No Fly List of their inclusion issues and uninformed citizens. against unarmed blacks? this case seems to be less said that, “Private-property five states with policies so without any mean- and provide both a Good thing there is an enve- Although well camouflaged about Jenny’s civil rights and owners can decide whether, protecting individuals ingful process to clear Once the court made its justification and a fair lope included so I can help out. by the farcical disguise of more about the judge taking how and where others may from being held in local jails their names. process to challenge it. Willi Meisinger “equality for all” here in the into consideration Jenny’s photograph or take video con!itutional ruling, the con- or state facilities for immi- Now, thanks to “Once the court made Arlington, MA United States, that same clearly expressed desires, of their property.” But, as gration purposes, thanks to the ACLU’s ground- tinued exi!ence of the sy!em its constitutional rul- architecture of racial bigotry an occurrence that is not all some readers pointed out, we the ACLU’s efforts. WONDERFUL PUBLICA- breaking five-year- ing in our case, the remains firmly entrenched in that unusual in guardian- should have said, “Private- as the government would like to TION! I just received my first long lawsuit, a federal continued existence of Approximately 1 million our own society. ship cases. property owners can decide copy and wanted you to know court has recognized have it became untenable. the system as the gov- Latino Phoenix-area What other reason can ac- how much I like it. I look for- Jill Barker whether, how and where that the freedom to travel by air is a fundamental ernment would like to have it became untenable,” residents free from the count for the deployment of ward to the next edition. Ann Arbor, MI you may photograph or take right—and the secrecy surrounding the process says Hina Shamsi, the Director of the ACLU’s Na- fear of being racially profiled military weapons to police video of their property when is crumbling. tional Security Project. as undocumented immi- Terezie Bohrer squads that are patrolling ACLU: Our article is not you are physically present on Last October, the federal government notified The government’s new process for contesting No grants, thanks to the ACLU’s San Francisco, CA our cities’ streets—where intended as a criticism of their property. But, if you are seven ACLU clients who had been barred from fly- Fly List inclusions has not followed the court’s in- victory against Sheriff Joe multitudes of blacks live parents who have been given lawfully present in a public ing that they are not currently on the No Fly List. structions, and the case is proceeding. But for the Arpaio. in hopeless poverty, where no options but to put their Card Carrier space and there is private The notification is an about-face for the gov- first time, the secretive bureaucracy that has gov- schools are underfunded, children under guardianship. property in plain sight, you ernment. Previously, it would neither confirm nor erned the denial of Americans’ right to air travel has and government officials Instead, the article is try- may photograph or video that deny an individual’s presence on the list or offer become more open. BY ADAM RAWNSLEY IT WAS GOOD TO SEE continue to ignore the plight ing to illustrate the dangers property as you see fit.” the article by Michael Duka- of black people? of guardianship broadly, kis, and it reminded me that Thank you for promoting and to celebrate the fact that YOUR STAND KNOW YOUR RIGHTS: TRAVELING he made me a card-carrying justice and for making your Jenny Hatch now has a legally 1. Although you’re allowed to through a body scanner, but fiscate electronic devices. readers aware of the many recognized right to have a say member of the ACLU (“Why We love your feedback! decline a response when ques- that will most likely also result Exercise your right to defects in our society in in her own life. For Jenny, I’m a Member,” Winter 2015). I Let us know what you tioned about your destination, in extra screening in the form have the search conduct- need of remedy. guardianship was imposed became a member long before think about this issue at be aware that this may result of a pat-down. ed in front of a supervi- I ever heard of him—almost 50 David Quintero with no regard to her obvious [email protected]. in extra screening. 3. U.S. Customs and Border sor and obtain a receipt years ago—but I never carried Monrovia, CA abilities and desire to live 2. You may opt out of passing Protection can search and con- for anything taken.

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ACLU.ORG IN brief

In Good Q&AONE PERSON, ONE VOTE DALE HO, DIRECTOR OF THE ACLU’S VOTING RIGHTS Company PROJECT, TALKS WITH THE PROJECT’S DIRECTOR EMERITUS, LAUGHLIN MCDONALD, ABOUT THE STATE OF VOTING A LONG HISTORY of passionate visionar- RIGHTS IN THE U.S.—PAST, PRESENT AND FUTURE. ies have helped make the ACLU what it is today. Did you know DH: What made their choice to public LM: The passage of that these civil liber- you decide to of!ce—has been the Voting Rights Act ties champions—along start working on vot- hugely important. in 1965 had a huge with many others— ing rights? If you can’t elect impact. It abolished have contributed to the representatives of ACLU’s success? tests and other LM: I grew up in a your choice, you’re schemes that were HELEN KELLER co-founded quintessential South- not only denied expressly designed to the ACLU in 1920. A leading ern town, and racism bene!ts, but you discriminate against humanitarian, and segregation were become a victim of author and educator racial minorities and facts of life. The more the government. keep them from of the 20th century, I experienced it, the Keller spoke out for DH: I think what a the polls. It also LETHAL INJECTION FACTS more I wanted it allowed for federal the rights of people to end. I eventually lot of people don’t with disabilities, as THE FIRST AMENDMENT guaran- have been unconscious, he began executions. In response, Oklahoma oversight of places became a lawyer and understand is that it well as laborers, women and tees the press’s right to report on to groan and writhe. His execution actually claimed that the “press or with a history of Laughlin McDonald joined the ACLU in 1967 and has came to work for the wasn’t just enough African-Americans. government proceedings—includ- was of"cially halted, but minutes public access to executions does not repressive voting been a leader in the fight for voting rights ever since. ACLU in Atlanta in to give people the ing executions. It is crucial that later Lockett died. play any particularly positive role.” tactics. In 1975, the 1967. The of!ce had ability to cast a ballot. Before becoming a U.S. this powerful exercise of authority Despite an Oklahoma law requir- “More states are passing Act was expanded LM: In 2013, the DH: How has the two main litigation When we got rid of Supreme Court Justice, is transparent. Yet, as the death ing executions to have public wit- legislation to shroud the execution to cover American Supreme Court ACLU helped make RUTH BADER GINSBURG nesses, the state shut the viewing process in secrecy,” says Lee Row- projects—to deseg- literacy tests and poll penalty’s !aws are exposed, states Indians, Asian invalidated one of the progress on the co-founded the ACLU have sought secrecy instead of window when it was clear that the land, Staff Attorney with the ACLU’s regate prisons, jails taxes—which was Americans, Alaskan key provisions of the voting rights front? Women’s Rights Project and reform. execution was botched—and when Speech, Privacy and Technology and juries in South- an important step natives and those Voting Rights Act— authored the ACLU’s Last year, Oklahoma executed oversight was most crucial. Project. “We will "ght against at- ern states, which it forward—recalcitrant LM: The ACLU of Spanish heritage, 1971 brief in Reed v. Clayton Lockett. During the The ACLU "led suit, arguing that tempts to keep the death penalty in did, and to !ght for counties and cities Section 5. Jurisdictions has accomplished Reed, which chal- procedure, when Lockett should the state cannot censor access to the shadows.” BY MATT STROUD the voting rights of adopted other and it required that that were previously some great work in lenged the automat- minorities. The success kinds of devices and voting registration, subject to federal recent years, but the ic preference for of our desegregation manipulated district instructions and review and approval establishment of the men over women as REJECTING PERSONHOOD MEASURES litigation left a lot to be lines so that, even ballots be available of changes to voting Voting Rights Project administrators of estates. The done for voting rights, if every African- in languages other laws are no longer in the 1960s gave us ACLU won the case, and the The ACLU leads the !ght against threats to reproductive freedom. and I’ve been working American could vote, than English. Taken required to get that a consistent voice and Court extended the IN RECENT YEARS, ANTI-CHOICE ACTIVISTS Yet, anti-choice advocates aren’t giving up. In on it ever since. they’d still lose the together, these preclearance. As a role advocating for Constitution’s equal protec- have launched a new assault on reproductive November, activists announced the next phase election. We needed efforts helped to result, many have now the voting rights of tion guarantee to women for rights: “personhood” measures that legally of their campaign: putting personhood on the racial minorities—in DH: What do you reforms to make sure increase participation adopted retrogressive the first time. define the moment of conception as the begin- ballot in cities and counties. But the ACLU the South and around think have been some that voters of color in voting and of!ce- redistricting plans ning of life. These measures are intended to has proven successful in thwarting attempts the entire country. Long before she scored her of the greatest im- could actually elect holding by previously outlaw abortion and can also threaten in vitro to limit abortion access at the local level. For and other voter- popular political talk show provements for voting candidates from their unrepresented We have a long fertilization, stem cell research and, in some in- suppression measures, on MSNBC, example, along with Planned Parenthood and rights? own communities. communities. history of challenging stances, contraception. which can be RACHEL local advocacy groups, the ACLU scored a vic- discriminatory implemented without MADDOW fought In election after election, voters have deci- tory against an abortion ban in Albuquerque, LM: I think making If you look at the DH: What do you election practices and for the rights of pris- sively repudiated these laws and made it clear New Mexico—inspiring confidence that they the electoral process composition of think are some of having to prove educating the public oners with HIV in that they do not want these measures in their will prevail in similar local campaigns. more accessible local and state the biggest voting that they have no about voting rights, the U.S. As a staff states. In November, personhood advocates “This new emphasis on local ordinances will to minority governments, challenges we face discriminatory impact but our work is far member with the ACLU’s once again suffered bruising defeats, as voters require even more vigilance to discover and de- communities— minority communities today? on minority voters. from over. National Prison Project, in Colorado and North Dakota rejected person- feat these measures,” says Jennifer Dalven, Direc- and therefore are now better Maddow persuaded hood bills by nearly a 2-to-1 margin. In fact, tor of the ACLU’s Reproductive Freedom Proj- giving minorities represented—but it If you can’t ele" representatives of your Mississippi officials to discon- personhood measures have failed every time ect. “That is why it is so important to have the in this country the took decades and choice, you’re not only denied benefits, but you tinue segregating HIV- they’ve been on the ballot, even in the most ACLU, which has affiliates on the ground in every opportunity to elect there is still much to positive prisoners. deeply conservative states, like Mississippi. state, involved in the fight.” BY KATHLEEN GEIER representatives of be done. become a vi"im of the government.

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ACLU.ORG IN brief

QUIZ BEYOND BANNED BOOKS Over the years, state MARRIAGE governments and local school districts have attempted to ban many The ACLU works case by case, state by state, for iconic books. an America free of discrimination based on sexual Can you match these lit- orientation and gender identity. Despite recent gains erary masterpieces with the reason they were in rights and protections, we have a long way to go. banned? EMPLOYMENT 1 One of the most chal- lenged books of all time, Lakisha Briggs 28 STATES HAVE NO LAWS BARRING EMPLOYERS FROM this work was alleged to be FIRING PEOPLE BASED ON THEIR SEXUAL ORIENTATION. “racially insensitive” and 16 “oppressive.” states have introduced broad VICTIMS AREN’T NUISANCES “religious exemption” bills this 32 states HAVE NO LAWS BARRING 2 Challenged for explicit The ACLU leads the charge to combat so-called nuisance ordinances that punish EMPLOYERS FROM PEOPLE BASED ON language, frequent use of victims of crime for calling the police and puts their housing security at risk. year alone, aimed at granting a firing THEIR GENDER IDENTITY. racial slurs, promotion of “license to discriminate.” white supremacy and use IN JUNE 2012, LAKISHA BRIGGS’S ABU- ACLU filed a federal lawsuit in April 2013, claim- TRANSGENDER RIGHTS of adult themes. SIVE EX-BOYFRIEND came to her apartment ing the ordinance violated “the First Amend- in Norristown, Pennsylvania. Briggs was faced LAW ENFORCEMENT 3 This poetic work was ment right to petition the government, the right % OF TRANSGENDER OR GENDER NONCONFORMING PEOPLE with a terrible decision. If he stayed, she feared 28 banned for its raw imagery to live free from discrimination and the right HAVE EXPERIENCED HARASSMENT IN MEDICAL SETTINGS. and openly sexual content. that he would hurt her or her 3-year-old daugh- to due process,” said Sandra Park of the ACLU " ter. If she called the police to force him to leave, Women’s Rights Project. !! OF LGBT PEOPLE Banned in the entire 4 she knew that it could count as a final strike who have in-person contact with police United States by customs The lawsuit helped expose the disproportion- under the local “nuisance” ordinance, which report experiencing at least one type of censors for its potential to ate impact of nuisance ordinances on victims of inspire “impure and lustful encourages landlords to evict tenants when the domestic violence, who account for a significant MISCONDUCT OR HARASSMENT. % thoughts.” police are called to a property three times in number of police calls. By effectively punishing ONLY !#" 19 four months. victims for their own abuse, the ordinances in- OF TRANSGENDER PEOPLE have been refused 5 Common complaints That night, Briggs’s ex-boyfriend brutally as- hibit tenants from requesting emergency servic- Transgender WOMEN are routinely PLACED medical treatment against this book included saulted her, stabbing her in the neck. A neighbor es—“basic governmental operations,” Park says. IN MEN’S PRISONS and jails. In custody, HAVE BEEN ABLE TO UPDATE ALL based on their characters’ sexual behav- called the police. Briggs was airlifted to a hospital. The Norristown ordinance was permanently transgender people are gender identity. ior and “contempt for THEIR I.D.s AND RECORDS, AND Despite the circumstances surrounding the repealed last year. The ACLU also helped pass 13 times more likely to religion, marriage and experience !!" HAVE UPDATED NONE, call, Norristown officials considered this visit a bill in Pennsylvania to protect victims of crime family.” sexual violence than from the police to be the last straw, and three who request police assistance, and have suc- non-transgender prisoners. INCREASING THE RISK A. Brave New World, Aldous days later, Briggs’s landlord told her she had 10 cessfully intervened in other cities and states. OF DISCRIMINATION Huxley, 1932 days to vacate her home. They also launched the “I Am Not a Nuisance” The ACLU intervened, insisting Norristown OR HARASSMENT B. To Kill a Mockingbird, campaign to track similar ordinances nation- Harper Lee, 1960 revoke its ordinance—which it did, only to re- wide and push for legislative change. YOUTH IN SCHOOLS ANYTIME AN place it with another version. In response, the BY ANNAMARYA SCACCIA C. Ulysses, James Joyce, 1922 % I.D. IS REQUIRED. D. The Adventures of Huckle- berry Finn, Mark Twain, 1884 56 of LGBT students have EXPERIENCED DISCRIMINATORY SCHOOL POLICIES, including E. Howl, Allen Ginsberg, Get in Gear! being prevented from forming a Gay-Straight Alliance The ACLU’s new online store is your destination for the latest goods from the 1956 or attending a dance with a same-gender date. country’s preeminent defender of civil liberties. From shirts and umbrellas to ANSWERS smartphone cases and more, the ACLU store has everything you need to show LGBT YOUTH, ESPECIALLY GENDER NONCONFORMING GIRLS, ARE 1: D, 2: B, 3: E, 4: C, 5: A where you STAND. CHECK IT OUT TODAY AT aclu.org/store. 3 times more likely TO EXPERIENCE HARSH DISCIPLINARY TREATMENT AT SCHOOL, LEADING THEM INTO THE SCHOOL-TO-PRISON PIPELINE. 8 AMERICAN CIVIL LIBERTIES UNION | SUMMER 2015 ACLU.ORG SUMMER 2015 | AMERICAN CIVIL LIBERTIES UNION 9

ACLU.ORG MY stand OPINION BY DANIEL KAHN GILLMOR

Technology, working hand in any of us can use to ensure hand with the law, can pro- our privacy and speech. vide a layered defense against Some of that includes government abuse and help developing encryption and build a society that is both anonymization tools. Strong safer and freer. encryption—which takes As an Internet Infrastruc- your messages and renders ture Technologist for the them into gibberish incom- ACLU, I’m working on both prehensible to anyone who of these layers. On the legal doesn’t have the “key” to side, ACLU lawyers and lob- unlock them—can prevent byists strenuously argue for eavesdroppers from reading our speech and privacy rights, your messages. and I help them understand If enough people and the technical aspects of their communications services use legal advocacy. On the tech- software with security fea- nology side, I’m working to tures like strong encryption build the protocols and tools and anonymization built into that can protect your speech them, we can make the kind and privacy from the onset. of dragnet spying practiced For starters, it’s imperative by the NSA impossible, or at WHY DID THE that we design strong civil least prohibitively difficult. liberties protections into the The ACLU’s lawyers and ACLU HIRE A communications protocols lobbyists are always ready we use. That’s why I’m to fight back against the TECHNOLOGIST? working with the groups who overreach of government AN ACLU STAFFER TALKS ABOUT THE ORGANIZATION’S document the “rules of the surveillance. Often, howev- GROUNDBREAKING WORK TO ENSURE THAT FUTURE road” for the technologies er, that legal fight can begin TECHNOLOGY PROTECTS CIVIL LIBERTIES. we will all use in the next few only after the abuse has decades. These standards already taken place and been OR NEARLY A CEN- dimension, broadening from will determine the levels of exposed. Developing and TURY, the ACLU a legal fight to include a tech- privacy and confidentiality deploying strong protocols has led the fight to nological one that pits the possible in all our commu- and software help to stop the preserve our rights to government’s eavesdropping nications. And getting them abuse before it happens, so Ffree expression, free associa- software against your email, right will require not only sol- that we’re not left trying to tion, privacy and a functioning phone calls, text messages id engineering but also broad curb a surveillance or crim- free press. But as the technol- and social media. When social consensus. (It’s not inal campaign that already ogy that enables our speech trying to protect yourself very useful to know a secure has our data in hand. increasingly moves online— from criminals, technology is communications protocol if Weaknesses in our com- and as the revelations about all that stands between them no one else is using it.) munication systems have massive surveillance by intel- and your data. At the same time, the enabled the erosion of civil ligence agencies and breaches We need laws forbidding software we use to talk to rights and civil liberties since by criminals from around the the government from reading each other needs to be up 9/11. But here at the ACLU, world illustrate—the current your communications at will, to the technical challenge of we’re helping to change the law alone isn’t enough to but we also need technology protecting us. And so I work nature of advocacy in the guarantee these rights. that makes sure they can’t. to develop free software that 21st century to make sure When the government uses the law and technology start secret law or ignores the law Technology, working hand in hand with working together for you. entirely to conduct surveil- the law, can provide a layered defense lance, defending your privacy again! government abuse and help build DANIEL KAHN GILLMOR and security takes on a new is an Internet Infrastructure a society that is both safer and freer. Technologist for the ACLU.

10 AMERICAN CIVIL LIBERTIES UNION | SUMMER 2015 student rights, wronged Students continue to face threats to their rights in schools nationwide— including widespread discrimination based on religion, sexual orientation and gender identity. The ACLU re- mains a bulwark for preserving and restoring their freedom.

by Phyllis Eckhaus

SUMMER 2015 | AMERICAN CIVIL LIBERTIES UNION 11 When schools violate the Constitution, they tigation suggests an entrenched culture that dis- don’t just hurt a handful of kids. They renege on regards the law and turns religious intolerance their crucial role to prep students for respon- into official policy.” sible citizenry. Attorneys from the ACLU of South Carolina THE FIRST LINE OF DEFENSE and the national ACLU’s Program on Freedom of Religion and Belief immediately joined forces While the ACLU’s national reputation and to file suit on the Andersons’ behalf. In 2012, expertise readily strike fear into school districts BY THE TIME 12-YEAR-OLD JORDAN ANDERSON APPROACHED the ACLU won a consent decree, and the school that fail to respect kids’ rights, it’s ACLU affili- promised to change its ways. ates’ on-the-ground work that builds a bulwark THE ACLU FOR HELP, HE’D HAD ENOUGH OF HIS PUBLIC SCHOOL’S Yet the Andersons’ ordeal was not over. Jordan against such intolerance. told the local paper he got death threats. Neigh- And that work gets intense. ACLU of Oklaho- CAMPAIGN OF ENDLESS, OPPRESSIVE PROSELYTIZING. THE MID- bors drove past their house to stop, honk their ma Executive Director Ryan Kiesel notes, “At the DLE SCHOOL HE ATTENDED IN JEFFERSON, SOUTH CAROLINA, IN- CORPORATED BIBLICAL SCRIPTURE INTO LESSON PLANS, PRAYED and proselytized at nearly every school event forced to attend that school rally was the last and prominently displayed religious iconogra- straw. Jordan, together with his dad, sought help phy—including the Ten Commandments—on from the ACLU. its walls. The Andersons recognized that students Still, in 2011, when Principal Larry Stinson do not “shed their constitutional rights at the held a worship rally during the school day, and schoolhouse gate,” as U.S. Supreme Court Jus- sent those few who chose to opt-out to in-school tice Abe Fortas observed in 1969, in Tinker v. Des suspension, even the evangelical minister in Moines, the landmark ACLU case affirming that charge of the rally was moved to ask him, “How the First Amendment applies to public school are you getting away with this?” students. Famously, student Mary Beth Tinker, Replied Stinson, “I’m not … I want these kids to her brother, and others in their Des Moines, know that eternal life is real, and I don’t care what Iowa, school district had faced censorship when happens to me, they’re going to hear it today.” they sought to wear black armbands and peace horns and curse at them. The landscape business beginning of every semester, our phone starts to The videotaped rally—featuring Christian symbols in protest of the Vietnam War. owned by Jordan’s dad went under because no ring off the hook. We get emails and complaints one in town would hire him. The family’s two from parents, students, and sometimes teachers boxers suddenly became violently ill, suspected and administrators.” victims of poison. One died. Last year, the ACLU helped defeat a proposed Years after the case settled, still unable to find Bible curriculum for the public schools of Mus- community acceptance, the Andersons left town tang County. The Bible curriculum had been to start a new life on the West Coast. funded and touted by the local beneficent born- The ACLU, however, remains present and again Baptist billionaire, Steve Green, president vigilant in South Carolina, having filed public of the Hobby Lobby chain, which has its corpo- records requests with every district in the state rate headquarters in Oklahoma City. Speaking in an effort to discover just how bad the public before the National Bible Association, Green had school proselytizing is throughout the state. described the course as conveying the Bible’s And the answer? Pretty bad. Follow-up to literal truth and the consequences when the ACLU’s requests showed violations of the people disobey God. Green’s representative ex- separation of church and state in every one of pressed the desire to implement it in thousands the state’s school districts, ranging from official of public schools throughout Oklahoma and the prayers at school events to official partnerships nation by 2017. rapper B-SHOC, whose “passion is to show In the years and decades since Tinker, defending with Christian ministries providing “cultural en- The Mustang County school board has re- people that praising God can be so much fun”— student rights has been of paramount importance to richment” to students. mained undeterred, fiercely determined to edu- culminated in celebration of the 324 sixth-, the ACLU. Not only are kids in school vulnerable— Several school districts changed their prac- cate kids against sin. seventh- and eighth-graders who signed pledge school authorities exercise power and control tices after being contacted by the ACLU. But, as In early 2015, the board sought to launch a cards making “a decision for Jesus Christ.” over students for most of their waking hours— Heather Weaver of the ACLU’s Program on Re- pastor-led program, Kids Eagerly Endorsing For Jordan, who arrived at his atheist con- but public schools are the institutions we desig- ligion and Belief observes, “the sheer number of Purity (KEEP). The program promotes saying victions after exploring multiple faiths, being nate to inculcate American values in our youth. violations we discovered through limited inves- no to alcohol and drugs for life and abstinence

12 AMERICAN CIVIL LIBERTIES UNION | SUMMER 2015 SUMMER 2015 | AMERICAN CIVIL LIBERTIES UNION 13 until marriage (Oklahoma is second only to New assistant principal refused to let Cindy lead a now treating her right,” Hampton says. Mexico in its numbers of births to teens 15 to 19 prayer. Her parents wanted to know why, so he In Hampton’s 12 years on the job, she’s seen years old). outed Cindy. progress. Today, she gets many calls from par- Kiesel was alerted by a parent who emailed a Most galling to Hampton, the assistant prin- ents, who are increasingly accepting and protec- copy of the opt-out form. Upon receiving it, Kie- cipal knew that Cindy’s parents had been previ- tive of their LGBT kids. “Despite progress in sel snapped a photo of it and posted it ously investigated for child abuse. And that the And sometimes the ACLU has to remind to the ACLU of Oklahoma’s Facebook danger to Cindy was real. Earlier, the principal schools of legal principles that were settled long popular culture and page, saying “Guess which school is had proudly outed another girl to her family— ago. In 2009, 40 years after Tinker established some pockets of the getting a call from the ACLU tomor- and she promptly became homeless because her students’ right to free expression, the ACLU MARY BETH TINKER row?” He also asked, “Would you folks threw her out. brought suit to ensure that student free speech HOLDS A PHOTO OF country, LGBT kids HERSELF AND HER like to call them, too?” and gave the Hampton gave the teacher some information on would be understood to encompass students’ vo- often endure a far BROTHER, JOHN, EACH school board’s phone number. student privacy, and he approached the school’s cal support of gay rights. POSING WITH THEIR from gleeful public “We think we shut down the superintendent. And while the superintendent A Florida panhandle school district claimed BLACK ARMBANDS. school experience.” switchboards,” Kiesel reports. Fur- was suitably enraged by the school administra- that symbols and thermore, that one Facebook post tors’ conduct, it may be too late to remedy the slogans as innocu- went viral, garnering almost 30,000 views. risks to Cindy and Sue at school and at home. ous as a rainbow By spurring coverage and conversation—and Despite progress in popular culture and some flag or “I support calling out absurd and outrageous school prac- pockets of the country, LGBT kids often endure a my gay friends” A FOUNDATION FOR STUDENT SPEECH tices—Kiesel sees the ACLU as creating a safe far from gleeful public school experience. Hamp- were nefarious signs space for dissenting Oklahomans, parents and ton gets more than 160 calls a year on behalf of that students were IN 1965 MARY BETH quences,” Tinker recounts. or expression at the school- student speech in schools. kids to find each other. LGBT students backed up against a school wall. enlisted in a secret or TINKER, her brother and “We were following that house gate.” “I always thought that three other students wore natural drive that so many The ruling led to what we would lose,” Tinker con- She pulls out a photo of Simone (not her real illegal organization. black armbands to school kids have had of wanting to has become known as the fesses. “I thought if you’re name), a male-to-female transgender third-grad- Even more ab- LGBT RIGHTS IN SCHOOLS in Des Moines, Iowa, to express our feelings about Tinker Standard: For speech a child and you break a er from Texas and exclaims over what an ador- surd, the principal of This past winter, a worried teacher called the protest U.S. involvement in the issues of our world and to be subject to school rule, you’re going to get able girl she is. “You can see why little boys were Ponce de Leon High ACLU’s national hotline supporting lesbian, gay, Vietnam. School of"cials our lives.” control, there needs to be in trouble. It’s not possible like, ‘What are you doing in our bathroom?’ ” School testified that bisexual and transgender (LGBT) youth, urgently hastily banned armbands. Represented by the a real and likely chance it that some big important rainbows on T-shirts seeking advice from Chris Hampton, the ACLU’s Alas, the principal was not as enlightened as The students proceeded ACLU, the students’ would substantially disrupt judge could stand up for would make stu- Youth and Program Strategist for LGBT issues. his young charges. He insisted Simone use the with their protest anyway parents sued. Four years school activities. me over my math teacher. dents automatically The teacher was privy to a potential family ca- boys’ bathroom and be addressed as Simon. Sim- and were suspended. later the Supreme Court The decision has been And that’s the beautiful picture people hav- tastrophe in the making, set in motion by a kiss one had also been harassed for wearing nail pol- “We had no idea that found that students do not cited in nearly 6,000 cases thing about the involve- ing gay sex, and thus before class. ish and sent home for wearing a dress. our small actions were go- “shed their constitutional and provides a broadly ment of the ACLU. It leveled must be banned— For Cindy and Sue (we’ve changed their names Simone would come home from school every ing to have such big conse- rights to freedom of speech used measure to protect the playing "eld.” to protect their privacy) that smooch in a high day in tears, begging not to return. Her desperate though he was fine w i t h k i d s against schools that equate any reference to wearing Confederate flag insignia. LGBT people—let alone LGBT students—as an Heather Gillman stepped forward invitation to chaos and transgression. after another student reported to While resistance from schools and school dis- school officials that she was be- tricts remains stubborn, it has shifted to devious ing harassed for being a lesbian. In rather than openly homophobic. response, the principal launched Witness the experience of Johnny Walker, a campaign of intimidation and thwarted in 2014 when he first tried to start a censorship against all the kids who’d attempted By taking action, Tinker notes, “history is made.” to support their bullied classmate, including suspending 11 Gay-Straight Alliance (GSA) at his Columbus, students five days each for partici- Georgia, high school. pating in the “gay pride movement.” The principal called Walker into his office and Mary Beth Tinker herself, now interrogated him, demanding, “Why do you feel on the board of the Nation’s Capi- the need to tell people about your sexuality?” Walker countered by pulling up the federal school hallway would upend their lives. The as- mom called the school’s superintendent—who tal ACLU affiliate, appreciates how Equal Access Act on his phone. The principal sistant principal saw Cindy and Sue kiss. And was also the Title IX coordinator responsible for Gillman carried on Tinker’s legacy by daring to pored over the Act, pausing at the last clause, he—along with the principal—was not only a ensuring gender equity. He took a week to call sue the censorious school board. “Nothing in this subchapter shall be construed public school authority, he was also an elder in her back, and then dragged his feet. By taking action, Tinker notes, “history is to limit the authority of the school, its agents or the local church, which condemns LGBT people. So Simone’s mom called Hampton and the made.” And indeed, Gillman v. Holmes County employees, to maintain order and discipline on At a service at the church a few days later, the ACLU came to Simone’s rescue. The school “is School District continues to be widely cited

14 AMERICAN CIVIL LIBERTIES UNION | SUMMER 2015 SUMMER 2015 | AMERICAN CIVIL LIBERTIES UNION 15 The ACLU, Kiesel says, “is a force to be reckoned with. Our ability to help students and the premises.” Triumphantly—and wrongly— their parents is directly tied to our perceived the principal declared, “This is my out!” A fed-up Walker called the ACLU. Attempts strength and gravitas in the state.” to negotiate led to months of further stalling— jobs are really difficult, and they are really busy, but three weeks after the ACLU threatened liti- and they often don’t know this stuff is going gation, the GSA was approved. The first meeting on.” A recent complaint—about a teacher who last fall was packed, and membership continues used the religious cartoon series VeggieTales in to grow. class and directed students to pray for President Obama’s soul—was resolved with a phone call A FORCE TO BE RECKONED WITH to the school district. ACLU affiliates have cultivated multiple That said, the ACLU’s highly public role in de- strategies to protect students’ rights. The ACLU fending student rights is powerful and catalytic. of Tennessee, for example, publishes a students’ The ACLU, Kiesel says, “is a force to be reck- rights handbook, now in its fourth edition. “Our oned with. Our ability to help students and their goal is for the students to become their own ad- parents is directly tied to our perceived strength vocates,” says Hedy Weinberg, Executive Direc- and gravitas in the state.” tor of the ACLU of Tennessee. And the ACLU’s solid and principled local Memphis, Tennessee student leader Kemario presence is a source of courage and moral sup-

Davis carefully deployed the handbook before port. In 2013, in Murfreesboro, Tennessee, so- launching a multi-issue protest at his Carver cial studies teacher Allen Nichols and his stu- City High School, educating himself and his fel- dents banded together to fight a school board low students. “We made sure we understood the pronouncement that Nichols remove anti-bul- rules,” he says. lying posters that identified his classroom as a And their self-education paid off. Not only safe space for LGBT students. did they begin to draw attention to conditions Once Nichols involved the ACLU, he says, his at their school—where administrative errors students “could see there were [well-trained] threatened kids’ ability to graduate and the lack professionals who had a record of standing up of air conditioning made for sweltering class- for the First Amendment, and it … gave the stu- rooms—they ultimately took their protest city- dents backbone in a way we never could do in wide, successfully challenging the closure of 20 the classroom.” schools in their community. Davis recently ad- “If it had not been for the ACLU, I don’t think vised the ACLU of Tennessee on a forthcoming the students would have felt that feeling of em- youth activism guide. powerment to go out and advance the cause,” Kiesel from the ACLU of Oklahoma notes Nichols notes. And what better lesson can the that the affiliate is sometimes the school dis- public schools teach? trict’s eyes and ears. “School administrators’ Bill Fitzgerald contributed to this article.

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FROM THE WAR ON DRUGS TO THE WAR ON TERROR, RECKLESS POLICIES HAVE TOO OFTEN SET THE POLICE AGAINST MINORITIES AND THE POOR. Bad Laws BadBad Law Enforcement Laws *) -"#.1) '*""/.$% &$2 3.##.$% tionships around the country. While you can always see iso- of an unarmed black teenager named Mi- lated incidents and think they’re just that—isolated—that chael Brown sparked civil unrest in his would be a big mistake. The killings and the shootings that hometown of Ferguson, Missouri, last Au- we have seen around the country are actually not particu- gust. The weeks that followed brought to a larly new. They’re getting a lot of media attention, but un- national audience shocking stories of ineq- armed people—particularly people of color in poorer com- uity suffered by Ferguson residents at the munities—bearing the brunt of excessive and sometimes hands of local law enforcement. The fundamental broken- fatal force on behalf of overaggressive police departments, ness of the system seemed to be confirmed when a grand often over transgressions or disputes that are quite minor, is Tjury refused to indict the police officer who shot Brown. a problem that we’ve had in this country for a very long time.” Meanwhile, to suppress public demonstrations, police This problem meshes with the complicated racial, social equipped themselves like an occupying force, treating pro- and cultural history of the United States, and was enshrined testors as an insurgency to be stomped out. with the onset of the so-called war on drugs. In 1971 Presi- The casual employment of tear gas, armored vehicles and dent Richard Nixon called drug abuse “public enemy num- open antagonism by law enforcement are outgrowths of a ber one,” and in prepared remarks declared, “In order to system whose overaggression and empathy are, too often, fight and defeat this enemy, it is necessary to wage a new, inversely related. According to Ezekiel Edwards, Director of all-out offensive.” This prompted a shift in the way police the ACLU’s Criminal Law Reform Project: “Ferguson is re- operate, creating new funding streams that financially em- PHOTO BY DENNIS WELSH ally the symptom of an illness that is quite serious and has powered law enforcement, jails and prisons, and focused really permeated many different police-community rela- them in the local public-safety paradigm.

18 AMERICAN CIVIL LIBERTIES UNION | SUMMER 2015 SUMMER 2015 | AMERICAN CIVIL LIBERTIES UNION 19 “[Police] were going to operate more like paramilitary +)4#5 &%%4)''.+) -"#.1.$% is often justi- forces fighting a wartime enemy,” Edwards says, “and less fied by police and politicians because of violence as- like community-oriented, problem-solving, public-health- sociated with the drug war or communities of color. GRENADING A driven police departments looking to figure out how to OSeema Sadanandan, Policy and Advocacy Director for the work with the community and other stakeholders to help ACLU of the Nation’s Capital in Washington, D.C., says the BABY’S CRIB people who have drug addictions and people in poverty reality is much different. For starters, assaults and felony BABY’S CRIB GUILTY seeking improved schools and job opportunities and viable killings of police officers in the United States are down UNTIL hen ness of the raid— alternatives to the black market, and thinking of intelli- sharply over the past two decades, she says. Furthermore, PROVEN gent long-term responses to drug use and sale.” while the pattern of violence communities of color Habersham which even by the Compounding these problems, federal and state face from police is a real problem, “the vast majority County, sheriff’s department’s INNOCENT policymakers passed draconian and often manda- It’s the daily WGeorgia, sheriff’s dep- own admission was of aggressive police encounters—particularly in black tory sentencing laws that severely punished peo- indignity of and brown communities—do not result in someone uties disastrously raid- fraught with gross “STOP-AND-FRISK” IS A ple convicted of violating drug laws, resulting in thousands getting shot and killed,” she says. Rather, “it’s the ed a house in May tactical failures—left POLICING TACTIC in which decades-long and sometimes life-without-parole of police daily indignity of thousands of police encounters that 2014, they claimed to more than emotional sentences. These punitive and ultimately ineffectual law enforcement officers degrades the relationships between communities and have no way of know- scars. One of their Alecia and Bounkham Phonesavanh attend a incarceration efforts exacerbated the fraying of re- encounters that can, without probable police and makes our communities less safe overall.” ing that children were deployed “flashbang” prayer vigil for their toddler son, Bou Bou, who was lationships between police and their communities. degrades the cause, briefly detain an indi- Consequently, it’s not simply a matter of taking tanks present. This despite grenades—designed critically injured by a SWAT team. Meanwhile, many state and local law enforce- relationships away from police. vidual, ask questions, and the plethora of chil- for use by commandos search for weapons. If con- ment agencies, often as part of the performance between Washington, Sadanandan says, is a perfect example had participated in a so people understand dren’s toys strewn in combat zones— traband is discovered, the metrics required when receiving federal funding, of this. “D.C. is largely held up across the country as $50 drug sale. the often-tragic conse- used simple arrest figures to measure the success communities a model of so-called community policing,” she says, about the front yard, landed in a baby’s crib. cops may arrest the detain- To save baby Bou quences of overly of their drug enforcement efforts. The use of such and police. “and oftentimes when you hear about incidents like and a minivan in the It detonated next to ee. The program has been Bou’s life and give aggressive policing. metrics permeated the local culture of policing, what happened in Ferguson or with Eric Garner in driveway with family Bounkham proven to target minority him some measurable Since the ACLU resulting in internal performance goals that likewise fo- New York, it’s justified by citing black-on-black violence.” decals of four children, Phonesavanh, a 1-year- communities disproportion- standard of living, the became involved, cused heavily on high numbers of arrests, as opposed to However, she adds, when you look at the actual policing of a mom and a dad. old boy. Bou Bou, as ately. Since 2002, of the 5 measuring public safety, the number of arrests resulting communities, the majority of policing is focused on the ag- Besides missing such the child is called, had Phonesavanh family Senator Dick Durbin of million stops in New York in successful prosecutions, assessing community satisfac- gressive enforcement of low-level offenses. For example, in obvious clues, the per- his chest ripped open, has incurred over a Illinois has held con- City alone, 90 percent of tion with the police, and the state of community-police D.C., 96 percent of more than 45,000 arrests every year are son the deputies were his body covered in million dollars in med- gressional hearings on those stopped were non- relationships, among others. This incentivized officers to for nonviolent offenses. “Yet when you question aggressive attempting to subdue burns, one of his lungs ical expenses. policing and criminal whites, mostly black or policing of black communities, oftentimes they use the jus- prioritize arrests for low-level offenses, which are easy to was not even at the collapsed, and his face Shockingly, justice. Now that Latino; 88 percent were tification of black-on-black violence,” she says. make and easy to count. house at the time— disfigured. Habersham County Congress is actively completely innocent. This misrepresentation by hyperaggressive law enforce- According to Edwards, the problem intensified in the went to court to fight looking into the prob- ment and its tragic resonance with the wider public has indeed, he didn’t even Doctors still don’t The New York Civil Liberties 1980s and 1990s, as poorly managed and largely unac- having to contribute lem, the ACLU has shaped the way the ACLU approaches the issue and works live there. Instead, police know the extent of Union (NYCLU) has countable “task force” crime units were established to for reform. The ACLU, Sadanandan says, “focuses on the stormed the home of a the damage to the to the family’s paying made it a priority to launched Communities patrol city streets with a particular emphasis on drug law way in which inequity is reproduced by institutions. So sleeping, totally inno- child’s brain. All this off the debt. help lawmakers under- United for Police Reform enforcement. The political response to the terrorist at- we’ve had to change and shift those systems, and that’s why cent family. They found happened because The ACLU has taken stand how police mili- (CPR), a multifaceted effort tacks in 2001 made things worse and provided justifica- we have to use so many different strategies. That’s why we no weapons, no drugs law enforcement up the cause of the tarization can destroy to change the broken poli- tion, however specious and misplaced, for local police de- have to use policy and advocacy and public education and and no suspects. wrongly suspected Phonesavanh family, individuals, families cies that result in programs partments to build or expand SWAT teams and purchase litigation. We’re looking at system change.” Sadly, the feckless- someone in the house elevating their story and communities. such as stop-and-frisk. CPR surplus military hardware to carry out domestic law en- Part of such a change includes shattering the “war on researches discriminatory forcement duties. drugs” rhetoric that has wrongly distorted public percep- police practices, helps edu- Many of these ill-considered policies have resulted not tions of crime and punishment. Police were going to operate more like cate and organize the pub- in increased trust, partnership and respect between law “As a society we have centralized the use of the criminal lic, and works with policy- enforcement and the residents of communities they are justice system as our primary instrument for addressing so- paramilitary forces fighting a wartime enemy makers to end racial profil- sworn to serve, but in increasingly adversarial relation- cial issues,” Sadanandan says. “A kid acts up in school? Call ing and bring police depart- ships, with both sides resenting and fearing the other. the police. You’re having an issue in your local community? and less like community-oriented, problem- ments to account. The continued on page 22 solving, public-health-driven police departments. NYCLU also has filed federal lawsuits aimed at halting stop-and-frisk and other practices that violate privacy rights and the freedom 4 BAD POLICIES THATTHAT LEAD TO OVER-POLICING to assemble. Additionally, the NYCLU 1033 PROGRAM STOP-AND-FRISK INTRUSIVE SURVEILLANCE JUMP-OUT STOPS has created a smartphone The 1033 program allows the Penta- Nine out of 10 people subjected to Police departments sometimes use Some law enforcement agencies use a gon to give surplus military equip- stop-and-frisk are proven to be in- surveillance technology developed for tactic called “jump-out stops,” in which application called Stop and ment to civilian law enforcement nocent of wrongdoing, and no data spy agencies. In Florida, police used police spot someone allegedly loitering Frisk Watch that allows agencies. When police officers carry suggests that stop-and-frisk reduces “stingray” devices that simulate telecom- or jaywalking and use it as a pretense New Yorkers to alert each tools of war, they often adopt combat crime. In fact, cities without such munications towers to collect informa- to demand identification and perform other of law enforcement tactics, escalating situations and alien- policies have seen steeper declines in tion about mobile devices—and they did a search. Communities of color are the abuses and video-record ating the public. violent crime. so without probable-cause warrants. most affected. ongoing incidents.

20 AMERICAN CIVIL LIBERTIES UNION | SUMMER 2015 SUMMER 2015 | AMERICAN CIVIL LIBERTIES UNION 21 continued from page 20 Call the police. Young people are out on the corner smoking ment officers and record encounters between police and the marijuana? Call the police. The criminal justice system is public. These devices help clarify events for internal review 4 FRONTS IN A really a blunt instrument when it comes to dealing with all and legal proceedings. They are beneficial on both sides of these social problems. the lens, providing an uneasy public with a new tool to hold NATIONWIDE EFFORT “This is the legacy of the war on drugs, which itself arose police accountable while giving the police a way of showing from the legacy of criminalizing and marginalizing black when they have used force reasonably. IN COURTROOMS AND TOWN HALLS, THE and brown communities and immigrant communi- Dennis Parker, the Director of the ACLU’s Racial ACLU LEADS A NUMBER OF ADVOCACY ties. It has to do with structures from top to bot- Justice Program, considers police departments’ in- AND REFORM EFFORTS TO HELP REIN IN tom, and it has to do with the values that have been Good policing creasing acceptance of body cameras to be a first step. OVERLY AGGRESSIVE POLICE TACTICS. strengthened through the war on drugs.” “It is at least a reflection that more and more po- HERE ARE SOME EXAMPLES. Those values include punishment as a deterrent, is essential lice departments are recognizing that there is a prob- WASHINGTON, D.C. States Department and justice equals revenge. But when you thought- to strong lem,” he says. “Whether or not that’s going to be the Racial profiling, routine of Justice released a fully explore these issues with victims of crime, and safe stop-and-frisks and scathing report last A New York Police Department officer demonstrates how to operate a body you find most victims aren’t actually looking for re- answer remains to be seen—there are studies that go jump-out stops plague year citing widespread camera, which records the officer’s interactions. venge, Sadanandan says. In fact, the group of people communities. both ways—but it’s at least an acknowledgement that the nation’s capital. In civil rights and civil lib- who are most susceptible to victimization by violent The police there’s something wrong with too many police-civil- response, the ACLU is erties violations by New crime in America is young black men—the same ian interactions.” are not our forcing daylight on the Jersey’s largest police people who are being incarcerated. “So the line be- Along those lines, Parker says, police need to do a POLICE PARTNERS enemy—police police, organizing hear- force. The ACLU has tween victim and so-called offender is very thin and much better job of collecting and examining data, and SUCCESSES IN THE STRUGGLE AGAINST ings so victims of abuse since launched a new gray, and more often than not the groups are made abuse and using it to determine when and where bias exists. by law enforcement coalition, Newark Com- ABUSIVE POLICE PRACTICES of the same people. In our thinking about public brutality are. “They need to make clear that it is a priority that treat- can tell their stories to munities for Account- safety, we need a shift to include people of color and ment has to be fair,” he says. “The use of force has to be the D.C. city council. able Policing, to create REVERSING THE TREND TOWARD exemplified how such cameras could the poor in our metrics about what strategies are fair and justified. And police should be held accountable, ACLU efforts also permanent changes in MILITARIZED LAW ENFORCEMENT have been helpful in understanding making communities safer.” which is perhaps the biggest thing that’s missing now.” include pushing for D.C. Newark policing, and is will take a very long time and will events. Later, when a grand jury declined The ACLU also seeks to ensure that the public doesn’t see There are signs of improvement. Alongside the adoption police to document their on the verge of winning involve policy shifts, new legislation to indict a New York City police officer the police as the enemy. As ACLU Executive Director An- of body cameras are early attempts at improving training and searches so oversight the creation of the na- and cultural changes in police depart- for the choking death of Eric Garner, thony Romero put it, “Good policing is essential to strong data collection. Meanwhile, a number of police departments methods might be tion’s strongest police- ments across the country. Though there video footage captured by a mobile and safe communities. The police are not our enemy—po- across the country are beginning to focus on ways in which implemented. civilian oversight system, is still work to be done, the ACLU and phone revealed not only the tragic lice abuse and brutality are. If we do our best to address state affiliates have been active in each events, but also helped the public better they might mend the frayed bonds between themselves and According charged with holding police abuse, brutality and impunity, we must also double BOSTON area and have achieved understand what was at the communities they are charged with protecting. to a study of 200,000 police officers account- down on our efforts to ensure that we not demonize all po- early successes. stake. In December 2014, Parker says he is hopeful that such efforts will proliferate. police-civilian encoun- able and identifying lice and the essential role they play.” “At the the Obama administration “Improving relations between police and communities of ters from 2007–2010, patterns of misconduct. REFORMING THE NATION’S $ /*) %4.6 '*&2"( "7 /*) 24,% (&4, one color is a necessary step that is ultimately even more impor- SECOND LARGEST POLICE national issued a proposal to spend African-Americans MARICOPA COUNTY, DEPARTMENT area of promise in public safety is the adoption of body tant than technological improvements like body cameras.” level, the $75 million on 50,000 police made up 63 percent of ARIZONA Over the During a six-month inves- cameras, which attach to the uniforms of law enforce- There is a long road ahead, and much work to be done. body cameras. encounters between city course of a two-week tigation of policing prac- ACLU has I SHIFTING THE NATIONAL police and the populace, federal trial, the shaped the tices in Puerto Rico, the CONVERSATION despite constituting ACLU proved that conversa- ACLU discovered system- Not every victory is won at less than one-quarter the Maricopa County atic abuses, including the tion on the the ballot box or in a court- In our thinking about public safety, we need a shift to of the city’s population. Sheriff’s Office, led by unjustified use of lethal militari- room. A large part of any The police justification the notorious Sheriff Joe force against unarmed include people of color and the poor in our metrics about zation of successful movement involves for three-quarters of Arpaio, was unlawfully citizens, severe beatings policing.” education and shaping the what strategies are making communities safer. these encounters was targeting and detain- of handcuffed individuals public’s understanding of an “investigate person.” ing Latinos without and civilians beaten and issue. Overly aggressive ACLU efforts in Boston valid legal justification. left for dead in the streets. After the policing is no different. As former ACLU include pushing for The department is now ACLU’s findings were released, the counsel Kara Dansky explains: “At the police body cameras, implementing sweeping Department of Justice and Puerto Rico national level, the ACLU has shaped the regular data reporting reforms ordered by the entered into a consent decree mandat- SHOT ON CAMERA: JUSTICE FOR LEVAR EDWARD JONES conversation on the militarization of by law enforcement judge, including training ing urgent changes to the common- HE SHOOTING OF LE- asked for his ID. Jones, who is er was !red and later charged authority. And critically, because agencies, and receipts to on constitutional polic- wealth’s police department. The agree- policing. We have made it very clear VAR EDWARD JONES African-American, reached into with felony assault and battery. the incident was recorded, the be provided to citizens ing, body cameras that ment reforms everything from training to that the militarization of policing is not only about MRAPs [Mine-Resistant illustrates how law his vehicle to get it. The trooper The incident touches on many ambiguity of possibly con"ict- after a stop or search. will record interactions organization and mandates an indepen- Ambush Protected vehicles] on Main enforcement of!cers immediately opened !re on of the ACLU’s awareness-raising ing stories was eliminated, and NEWARK In response with the public, and ex- dent monitor to ensure changes are car- Street, although that is important. We can harbor an “en- him. Shot and bleeding on the issues. It took only three sec- a process was initiated to bring to the ACLU of New tensive data collection. A ried out. emy” mentality as a result of also work to ensure that people under- T ground, Jones apologized pro- onds for the trooper to open !re Jersey’s advocacy and court-appointed monitor, SMART DEPLOYMENT OF POLICE BODY the trooper to account. The vid- bad public policy. fusely, asking “What did I do, after asking for Jones’ license, a community board and CAMERAS stand that, for decades, policing has eo produced by such cameras, documentation of mis- On September 4, 2014, Jones sir?” The incident was recorded indicating the trooper seemed conduct by the Newark the ACLU are overseeing Not long after the ACLU issued its been unnecessarily and dangerously and those that af!x to police was at a gas station, outside on a dashboard-mounted cam- to be in a default mode of ex- Police Department, the changes to ensure the white paper on police body cameras, militarized in communities of color. The uniforms, might help adjudicate his car, when a South Caro- era in the police car. pecting violence. Rather than including stop-and-frisk agency doesn’t return to the shooting death of Michael Brown militarization of policing is not an isolated lina state trooper drove up and Jones survived and the troop- serve a community, he enforced other such incidents. abuses, the United racial profiling. by a Ferguson, Missouri, police officer problem; it is a systemic problem.”

22 AMERICAN CIVIL LIBERTIES UNION | SUMMER 2015 SUMMER 2015 | AMERICAN CIVIL LIBERTIES UNION 23 Protect THE Children, Preserve THE Tribe STATES ACROSS THE COUNTRY CONTINUE TO SEIZE INDIAN CHILDREN FROM THEIR HOMES AND COMMUNITIES AT HIGH RATES, DESPITE FEDERAL STATUTES DESIGNED TO PREVENT SUCH REMOVALS.

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INDIAN CHILDREN SUCH AS ANDREANNE AND ISSAC (PICTURED HERE AT THEIR HOME ON THE PINE RIDGE RESERVATION) HAVE BEEN TAKEN FROM THEIR FAMILIES, IN DIRECT VIOLATION OF THE LAW. Andreanne and Issac, children of Rochelle Walking Eagle magine hiring a babysitter who you have legislation to halt the systematic breakdown and devastation of cordance with the rules of ICWA and Andrew Ironshell, were taken from their parents their property and assets if they ex- every reason to trust to watch your tod- tribal life in America. in an effort to stop the unwar- twice following short, perfunctory hearings. They were ercise their right to receive federally dler while you are at work. One day you Yet, despite passage of this law, Indian children represent ap- ranted and lengthy removals of sent to live in foster care for months in violation of the mandated counsel when they cannot return to pick up your child and you’re proximately 13 percent of the total number of children in South their children. Indian Child Welfare Act (ICWA). Sadly, Walking Eagle afford to hire an attorney. Addition- told that she has been taken into custo- Dakota today but comprise nearly 53 percent of all children in Through this case, Oglala passed away in 2014 and will not see the resolution of ally, it is not uncommon for a judge to the case she bravely championed. dy by the police because the babysitter foster care. With approximately 750 seizures a year in that state, Sioux Tribe v. Luann Van Hun- imply that parents can get their kids became inebriated during the day. For- Indian children are 11 times more likely to be taken into foster nik, the plaintiffs sought to back in less time if they waive their tunately, your child is fine and you are care than their white peers, displacing thousands of Indian chil- protect their families and right to counsel and voluntarily agree ready to take her home. But, instead, you dren and destroying the fabric of families and tribes. strengthen their communities to work “informally” with the South learn that the police have turned your Additionally, since January 2010, following hearings that hap- by addressing the continued Dakota DSS. daughter over to Social Services, and the pen within 48 hours of a child being removed from a home and defiance of ICWA, as well as But the reality for many Indian par- caseworker refuses to return her to you. in which no witness testified and no documents were offered the duty required by the Con- ents in South Dakota is that waiving You explain the situation, but it makes during the hearing as evidence, it has been the standard practice stitution to provide fair notice their rights often makes it take longer no difference. for the judges of South Dakota’s Seventh Circuit: and a fair hearing to parents in to get their children back. Plaintiffs Ro- The county prosecutor then files a • To make “findings of fact” that the Department of Social Pennington County, South Da- chelle Walking Eagle and Madonna Pap- petition for temporary custody against you. Two days later, a Services (DSS) is making active efforts to avoid removing kota. Enforcing the law would pan both lost their children due to the judge refuses to allow you to present any evidence or to testify children from their families mean that Indian families actions of others and through no fault on your own behalf, and won’t let you ask the caseworker any • To state that foster care placement is the least restrictive and tribes facing the removal of their own. But by putting themselves questions. You aren’t even given a copy of the petition that was available alternative of their children would be at the mercy of a system with endless filed against you. Based exclusively on that secret petition, the • To say that returning custody to the parents would likely afforded the procedural pro- roadblocks and requirements in an ex- Ijudge grants custody to Social Services and places your child in result in serious emotional or physical harm to the tections guaranteed by ICWA asperating approach to reunification, a foster home for over a month. children—without providing any explanation or evidence and the Constitution. Beyond their children were unnecessarily kept This kind of nightmare scenario is the unfortunate real- during the hearing that supports their findings. that, these protections could in state custody for months. ity for Indians in South Dakota. Social workers and the courts put an end to the traumatic “This case is significant because it Sadly, the seizure of Indian children is not exclusive to South impact that these hearings and will have long-term impacts for tribes place their children into non-Indian foster homes—sometimes Dakota. In some regions of Alaska, for example, Indian children their aftermath have on In- across the country,” says Pevar. “The through hearings that last less than 60 seconds—resulting in comprise a staggering 90 percent of the total number of chil- dian families and children for scope is unprecedented. It’s the first thousands of fragmented families and a widespread diaspora of dren in foster care. years afterward. time a tribe has filed suit seeking Indian children disconnected from their cultures. Represented by ACLU Senior Staff Attorney Stephen Pevar and The outcome could potentially affect hundreds of tribes and to protect its collective rights under ICWA. It’s the first time All of this is happening in spite of the Indian Child Welfare Rapid City attorney Dana Hanna, three individual Indian plaintiffs— thousands of Indian families across the country who are locked parents have filed a class-action lawsuit seeking to protect the Act (ICWA), which was passed in 1978 to ensure the integrity Rochelle Walking Eagle, in a bitter tug-of-war over their children with state courts and rights of all Indian parents. And it’s the first time that tribes of Indian tribes and families. ICWA was created to “protect the Madonna Pappan and Lisa social service agencies that have ignored duties and procedures or parents have filed suit seeking to halt systemic violations of best interests of Indian children and to promote the stability Young—together with required by ICWA. ICWA and the Due Process Clause.” and security of Indian tribes and families by the establishment their tribes, the Oglala of minimum Federal standards for the removal of Indian chil- Sioux and the Rosebud AN END TO RUBBER-STAMPING A PERFECT STORM dren from their families and the placement of such children in Sioux, filed an historic suit State law requires that a hearing be provided to parents with- Rochelle Walking Eagle, a member of the Rosebud Sioux foster or adoptive homes which will reflect the unique values of in federal court against in 48 hours of a child being removed from the home, at which Tribe, had lost her children twice within two years. Each in- Indian culture,” according to Congress. the State of South Dakota. time a state judge will determine whether to return the child. stance followed short, perfunctory hearings in which the judge In response to the growing outrage of the Native community and Their aim: to ensure that The initial 48-hour hearings are the most time-sensitive and asked few questions and barely looked up from the bench to ac- Indian Child Welfare advocates across the country, the ACLU is fair hearings are held in ac- crucial phase in the process for reunifying children and their knowledge her presence in the courtroom. Each time, she and fighting against the unwarranted and unconstitutional parents in a timely fashion. But according to Pevar, attorneys, her children were subjected to months of agonizing separation removals of Indian children. social workers and judges routinely “rubber-stamp” removals. while she worked to complete a long checklist of required class- “The defendants are violating federal law in seven different es and counseling. STAGGERING STATISTICS respects during the 48-hour hearings, by not ordering state offi- Similarly, Madonna Pappan’s two children were taken from Before ICWA was enacted, a study by the Association cials to return Indian children to their homes as quickly as ICWA school by social workers following her husband’s DUI arrest— on American Indian Affairs revealed that 85 percent of requires,” says Pevar. “In addition, the defendants are violating even though she was not present at the time of the incident. Indian children in state custody were being placed in the Constitution by not ensuring that Indian parents in 48-hour After a hearing that lasted less than two minutes, Pappan’s two non-Indian homes or institutions. (The ACLU uses the hearings are given adequate notice of the complaints against small children were kept in foster care for two long months term “Indian” in accordance with the language used by them, an opportunity to present evidence, to cross-examine the while she fought to get them back. Indian tribes and the federal government.) The rate of state’s witnesses, to be represented by an attorney during the Pevar and Hanna learned of the child-removal cases sepa- per capita removals of Indian children from their par- hearing, and to receive a written decision based on the evidence rately. In fact, Hanna was actually in the courtroom waiting ents was so high that Congress was prompted to seek presented in the hearing. All of these safeguards will help ensure for one of his cases to go before the judge when he witnessed that once the state removes Indian children from their homes, Pappan and her husband lose their children. The two attorneys the state will not keep these children separated from their par- joined together in 2011 to begin strategizing a way to seek re- ABOVE: Juanita Scherich, a social worker for the Pine Ridge ents unless absolutely necessary to protect their physical safety, dress for the tribes and their families. As Hanna began locating Indian reservation in South Dakota, works to reunify Indian which is the standard created by ICWA.” individual plaintiffs, he also met with tribal officials from the children with their families following foster care stays. Significantly, the Oglala case also addressed the coercive tac- Rosebud Sioux and Oglala Sioux Tribes to present the idea of Scherich herself was removed from her parents at age 9. tics used by judges to intimidate defendants—many of whom having the tribes sue under the principle of parens patriae—a RIGHT: Rochelle Walking Eagle’s daughter, Andreanne, sup- are poor—into waiving their right to counsel. These tactics in- legal term which means “parent of the nation.” Under this legal ports her as she reads a statement following the announce- clude threatening to foreclose on parents’ homes or file liens on doctrine, the tribes sued on behalf of their tribal members—an ment of the Oglala Sioux Tribe v. Van Hunnik case in South Dakota. ACLU attorney Stephen Pevar looks on. Madonna Pappan with her children, Charlotte and Dakota, at their Rapid City, South Dakota home. Charlotte and Dakota were taken from school by social workers following Pappan’s husband’s DUI arrest. Pappan was not present at the time of the incident. The children were kept in foster care for two months while Pappan fought to get them back—all after a hearing that lasted less than two minutes.

approach that had never been attempted before under ICWA and one which the judge in this case permitted. Because of these numerous violations, the individual plaintiffs also sued on behalf of all other Indian parents in a similar situation both now and in the future. FIGHT FOR THE FUTURE In March 2013, Oglala Sioux Tribe v. Van Hunnik was filed in the United States District Court for the District of South Dakota. That day, Walking Eagle, Pappan, Young, their tribal chairmen, ICWA advocates, and at least a hun- dred tribal members gathered at a Rapid City hotel to an- nounce their historic lawsuit, which claimed that officials in the state were violating federal law in eight respects. Noting systemic failures and rampant abuses within the system, They were not seeking monetary compensation or a rever- the court made it clear that, “Indian children, parents and tribes sal of any previous rulings. They wanted wholesale, systemic deserve better.” change in the way the state conducts its 48-hour hearings that Sadly, Walking Eagle did not see the resolution of the case. result in the removal of Indian children from their families and She passed away in 2014. communities without affording fair procedures. The court has now directed both sides in this case to sub- On March 30, 2015, in a precedent-setting victory, the court mit proposals for fixing these violations, and a remedial order ruled in favor of the plaintiffs on seven claims, and the eighth is expected soon. The ACLU, along with the Oglala Sioux Tribe, claim is pending. The court found, among other things, that the Rosebud Sioux Tribe and all other plaintiffs in the case, will state officials were violating the rights of Indian children and then make certain that state officials fully implement that order. their parents and tribes to: For the plaintiffs in Oglala, the struggle for justice and due • Adequate notice prior to emergency removal hearings process has taken a critical step forward toward achieving the • Testify at those hearings and present evidence goals of ICWA—maintaining the integrity and cultural heritage • Confront and cross-examine the state’s witnesses of America’s Indian tribes, and preserving the rights and protec- • Receive assistance from an attorney in the removal proceedings. tions of Indian parents and children today and into the future. WHY ICWA MATTERS TO TRIBAL PRESERVATION THE INDIAN CHILD children from their said, became necessary affirmed that, “there is for Indian kids show that WELFARE ACT (ICWA) homes based on murky because of cultural and no resource that is more they are better off stay- was passed in 1978 to evidence and placed racial discrimination vital to the continued ing with their families of end the systematic them in non-Indian foster toward Indian people existence and integrity of origin, rather than being removal of Indian chil- and adoptive homes with that resulted in the high Indian tribes than their placed with non-Natives. dren from their families. no regard for family rate of state-sanctioned children.” ICWA is a good law and The formal policies of the bonds or continued seizures of Indian children. “Back then, white social it needs to be enforced.” U.S. government toward tribal existence. To help strengthen tribal service workers abused The ACLU’s Stephen Indian people included In the late 1970s, then communities and to rein- the system and took the Pevar recently spoke to forcibly assimilating their U.S. Senator James force the federal govern- kids into custody,” says former Senator Abourezk children into mainstream Abourezk, the first chair- ment’s obligations to the Abourezk. “They didn’t and mentioned that he American life, with the man of the Senate tribes, ICWA established care what it did to Indian was his hero for creating intended objective that Committee on Indian minimum federal stan- families—and unfortu- ICWA. Abourezk the tribes would eventu- Affairs and chairman of dards that apply to state nately, they’re still doing returned the compli- ally cease to exist. the American Indian child-custody proceed- it. They scream when ment, saying Pevar was These policies continued Policy Review ings involving an Indian someone breaks the law, his hero because, while into the latter half of the Commission, authored child who is a member of but when the state he may have created 20th century, as state ICWA. The enactment of or eligible for member- breaks the law, they look ICWA, Pevar and the courts and social service specific legislation tar- ship in a federally recog- the other way. We know ACLU are actually mak- agencies removed Indian geting Native families, he nized tribe. Congress that long-term outcomes ing it work. The Guide ARTS & CULTURE

PAGES (2015, Nation Books) PAGES PRO: Reclaiming Abortion Rights (2014, Picador) LORDS OF SECRECY By Jaime Hansen IN HER LATEST BOOK, PRO: By Mason Kortz RECLAIMING ABORTION RIGHTS, +(,- *.. prosecuted as spies. The result is an in- Katha Pollitt presents the seemingly radical %#/ (*0, telligence community with an army of notion that women are sexual beings that 1! * (*2- drones and private security forces, wag- deserve to be treated as human in political 2,$, ev- ing wars under secret legal doctrines and social realms—specifically in regards e r y t h i n g with no government or public oversight. to their reproductive freedom. Pollitt looks like a Where Lords of Secrecy truly shines, begins her narrative by targeting the read- nail. When though, is in its historical and socio- er, urging “you” to become a part of the all you have logical analysis of secrecy’s corrosive ef- conversation. She makes it clear that the are secrets, fects on democratic institutions. Horton mortality rate for abortions in America (.67 everything not only opposes secrecy on ideological per 100,000) is significantly less than the mortality rate for Viagra (5 per 100,000) looks like a and practical grounds but also provides and then goes on to correct other com- security crisis—or can be made into one. a robust theoretical argument linking monly held myths from anti-abortion activ- This is the lesson Scott Horton teaches in the rise of secrecy with the decline of ists. You’ll likely find yourself nodding Lords of Secrecy: The National Security Elite public participation in questions of na- along in agreement. and America’s Stealth Foreign Policy. tional security, war and peace. Examples With horrifying examples—like the fact Focusing on the years between the from history, ranging from Athens to that a rapist who impregnates his victim first Iraq war and the present, Horton the Enlightenment to modern Europe, can sue for child custody or visitation in 31 recounts how American intelligence show that public knowledge has been states—Pollitt underscores how our soci- agencies have used secrecy to consoli- the foundation of democracy, and se- ety condones male dominance over date power, embarrass political rivals and crecy the weapon of autocrats. Modern women and their bodies. Pollitt also dis- avoid accountability. Those agencies have sociological research demonstrates how cusses the barriers for women of color and classified information to cut off Congress bureaucracies, left unchecked, naturally poor women to access abortions and encourages legislators to allow all women and the public, precluding any meaning- tend towards excessive and illegitimate the right to choose their reproductive future. classification of information. ful review or public discourse. Pollitt ultimately reframes abortion as an Internally, the culture of secrecy al- Horton’s conclusion: Secrecy is not accepted part of a woman’s reproductive lows the most ambitious agents to rise only harmful to America but is also an- life and forces us to consider how we can through the ranks, while conscientious tithetical to the entire democratic tradi- get the truth into the hands of the anti- whistleblowers are persecuted, and even tion to which we so proudly lay claim. choice advocates.

PAGES run much deeper than what can be Hobbs (who was Peace’s friend and THE SHORT AND TRAGIC solved by any degree. college roommate) uses the events of LIFE OF ROBERT PEACE Peace was raised in East Orange, Peace’s life to remind us how the edu- (2014, Scribner) New Jersey, by a mother who strug- cation, housing and criminal justice By Aisha Springer gled financially. When Peace was a systems apply differently to low- THE RECESSION may have caused child, his father was sent to prison. income people and how poverty people to question the notion of a col- Despite these challenges, Peace has insidious effects on mental lege degree as the ticket to success, excelled in school and attended Yale and emotional well-being. As but another true barrier is often for- University. But the drive to provide for brilliant as Peace was, intel- gotten. In his book, The Short and those in his life followed him through lect was not enough to Tragic Life of Robert Peace, Jeff college and well after graduation. He overcome the influences Hobbs shows that the effects of grow- sold marijuana off and on throughout that ultimately contrib- ing up in a poor, violent neighborhood the years and at age 30, was shot dead. uted to his death.

PB The opinions expressed by the writers of these reviews are theirs alone and do not SUMMER 2015 | AMERICAN CIVIL LIBERTIES UNION 29 necessarily reflect the opinions of the American Civil Liberties Union. Robert Peace CREATIVE LIBERTY THE guide

PAGES Just Mercy (Random House, 2014) THROUGH THE AFRICAN AMERICAN LENS DESPERATE FOR JUSTICE By Dennis Parker By Dorothy Ehrlich MOVIES, TELEVISION AND I *&2 3$"($ B45&$ S/)- unshakable voice for justice TEXTBOOKS could easily lead +)$'"$, the legendary law- and mercy directly through his you to conclude blacks were yer of the Deep South, for clients, whom he treats with wholly extrinsic to American life, more than a decade before I dignity and compassion. He as if the crayon box used to had an opportunity to hear makes a compelling case for draw the nation’s portrait him speak in 1999 at a spe- how “each of us is more than Matlin and dance partner Fabian removed black and brown. the worst thing we’ve ever Sanchez perform during the cial ACLU donor briefing in Dancing with the Stars tour. The National Museum of African Washington, D.C. Stevenson, done,” and how mercy is most American History and Culture’s whom Desmond Tutu called potent when it is least ex- IN HER WORDS: ACTOR forthcoming exhibit, “Through “America’s young Nelson pected. “When you experience Matlin on the set of her television Switched at Birth the African American Lens,” is Mandela,” deeply moved the mercy … you begin to recog- show, . MARLEE MATLIN an important recognition of the participants. He didn’t dwell nize the humanity that resides STATS central role African-Americans on the landmark litigation he in each of us,” he writes. THE ACADEMY AWARD-WINNING ACTOR ON HER personal have played in this country. It was bringing in Alabama or Stevenson’s compelling sto- CAREER,THE IMPORTANCE OF EQUAL RIGHTS—AND HER ACLU features items belonging to recite the data that help us ries illustrate the human cost Actor, writer, AMBASSADORSHIP. freedom fighter Harriet Tubman, weigh issues on the scales of of racism and oppression, producer the same way I became an actress. I was sports and entertainment leg- injustice. Rather, he told sto- which he deftly examines in I got involved with the ACLU Age 49 asked, and when I was asked, I realized I had a passion for the work they do ends, and more. Significantly, ries about the lives of real people. Many were the political, social and historical context of because it’s about equality and justice. Simple as that! the exhibit documents the lives the clients he relentlessly defended in a race such injustice. Married to police offi- cer Kevin Grandalski of everyday people, including to prevent their executions; others were the He also validates the importance of building I began acting when I was 7. During one summer at camp, I was asked at Pullman train car porters, who loving family or community members coura- our own organization. He speaks directly about 4 children the last minute to join some young girls on stage to sign a rendition of “John pulled many black families into the need to strengthen institutions like the geously pursuing the quest for truth and having career Brown’s Body” or something like that. I loved the attention, and the chance the middle class, as well as a to face the agony of its denial. Each story was ACLU and the importance of growing the size highlights to go beyond myself in a character. desk from a Rosenwald etched from the pain of grief and violence, and and scale of staff and programs in order to bring • Academy Award (Best for those who are differently abled. As I’ve always said, the greatest Foundation-funded school, yet somehow we left the briefing inspired with about justice. Attitudes are the greatest barriers Actress) for Children handicap of being deaf does not lie in the ear—it lies in the mind. which provided many Southern hope, and the feeling Stevenson describes as In the end, Just Mercy is a transformative book black students their first access of a Lesser God (1987) being “desperate for justice.” about perseverance and redemption in the fight I worked very hard to ensure that all television broadcasts are closed-captioned, and continued my to meaningful education. • Golden Globe (Best Stevenson’s new book, Just Mercy, takes what for justice. And for those of us engaged in the efforts when programs moved from TVs to computers. But there is still much more that needs to be done, Actress in a Drama) Taken together, the exhibit dem- we had a glimpse of that day and expands it into work that Stevenson heroically champions—to and I am constantly speaking up about it, whether it’s the lack of captions in movie theaters, on airplanes, for Children of a onstrates the vibrancy, persis- a profoundly significant and impressive book that end mass incarceration, to stop the death pen- or in public spaces where announcements are made; whether it’s about a hearing actor hired to play a deaf Lesser God (1987) tence and talent of the black deepens our own desperate yearning for justice. alty, to secure justice for juveniles and to fight role when there are so many able deaf actors; whether it’s about knowing our rights, and making sure oth- community—and returns all the Stevenson allows us to share in his experience against racial oppression—this book should be • 4 Emmy nominations ers know we are entitled to them. colors to the box. as a vulnerable young lawyer who discovers his required reading. • Hollywood Walk of There is still a lack of understanding when it comes to interpreters, particularly in emergency situa- Fame star (2009) tions or hospitals. Deaf people still are unable to call 911 via text in many places. And don’t get me started TELEVISION from her own experiences as der woman as Maura, and • Author of Deaf Child on the lack of equality and access for the millions upon millions who are deaf and hard of hearing outside the child of a transgender par- some have criticized it as yet Crossing, Nobody’s the United States, where there are no laws like the Americans with Disabilities Act. Transparent ent to develop Maura’s charac- another Hollywood portrayal of Perfect (with Doug Cooney), Leading Until we are seen as people and not our “disability” or “handicap,” we cannot stand equally with our peers. By Amanda Goad ter (played by Jeffrey Tambor). privileged people behaving Ladies (with Doug Flashback sequences show how badly, I found many of its I decided to participate in the ACLU’s “Know Your Rights” video about deaf and police interac- AMAZON’S GOLDEN GLOBE- Cooney) and I’ll Maura struggled over decades scenes mocking L.A. self-cen- tion because I am the wife of a police officer and a person who happens to be deaf. I had the benefit of WINNING “DRAMEDY” cen- teredness hilariously spot-on. Scream Later ters on Maura Pfefferman’s com- to understand and make peace understanding both sides of when a deaf person is stopped by the police. It was important to me because Season two promises more • “Marlee Signs” ASL ing out as a transgender woman, with her transgender identity, as I know of so many situations where a deaf person has been left in the dark because they were unaware of answers to Maura’s rhetorical mobile app the procedure when stopped by a law enforcement officer, or what to do when an officer doesn’t respond and the rifts and new bonds that well as the roots of each child’s question, “How did I raise three in a manner a deaf person is accustomed to. process generates between difficulties forming relationships such selfish kids?” and more • Currently appearing in Maura and her three adult chil- and facing the world head-on. glimmers of hope that each Switched at Birth on I would like people to think, talk, appreciate and understand the many years of marginalization that dren, each of whom is also strug- Although the show has Pfefferman will eventually be ABC Family. people who are deaf have had to face. But we aren’t to be pitied or lauded. There is still discrimination, but gling toward self-acceptance. sparked controversy for casting able to hold on to dignity, love all we ask is for an equal opportunity to step up to the plate and show what we’ve got. Amy Landecker and Jeffrey Tambor Series creator Jill Soloway drew Tambor rather than a transgen- and joy.

30 AMERICAN CIVIL LIBERTIES UNION | SUMMER 2015 SUMMER 2015 | AMERICAN CIVIL LIBERTIES UNION 31 THE states

THE ACLU IS THE ONLY CIVIL LIBERTIES ORGANIZATION educate the public about a town common violates the the requests were granted, to free speech.“I think it is IN THE COUNTRY WITH A PRESENCE IN EVERY STATE, the death penalty and rights to freedom of speech with recognition that this very important that we each AS WELL AS THE DISTRICT OF COLUMBIA AND PUERTO encourage its abolition. and assembly,” said ACLU of was a burden all transgender use our voice to stand up Massachusetts Deputy Legal RICO, HANDLING REQUESTS FOR LEGAL ASSISTANCE, Kirk Bloodsworth, a former veterans face. Since then, for what we believe in, even Director Sarah Wunsch. LOBBYING STATE LEGISLATURES AND HOSTING Marine with no prior record, the Navy has followed suit. when others disagree, as PUBLIC FORUMS. HERE ARE HIGHLIGHTS OF SOME was once on death row The Selectmen decided to “This is about much more we work together to try to CASES AND PROJECTS HAPPENING AROUND THE U.S. and later sentenced to issue the permit without any than a change on a piece make positive changes in the two life terms, all for rape police fee and on January 5, of paper,” Jennifer said. world,” Allison said. and murder charges that Leetka, joined by dozens of “This is about the relief of Delaware: RACIAL Grif!n, a small-town Iowa were overturned with DNA supporters, demonstrated knowing that when I apply Texas: KNOW YOUR JUSTICE Every student mom who was arrested evidence. Sabrina Butler was for racial justice. for a job, or a home loan, RIGHTS In addition to de- deserves equal access to a for voter fraud. In 2008, convicted and sentenced to or anything where my fending rights in courtrooms, quality education. But in Grif!n was convicted of a death for her son’s murder veteran status is relevant, I the ACLU has a long his- Delaware, the state’s charter- low-level nonviolent drug until it was revealed that he can do so as myself.” tory of educating people school law and policies have offense. She was told, died of natural causes. The about their rights and led to a situation where correctly at the time, that two have visited Kentucky Ohio: FREE SPEECH what to do when those students of color, low- she could vote once she churches, colleges and civic Last August, the Green rights are denied. The ACLU income students and completed probation. But by clubs with other exonerees Local Board of Education of Texas has taken this work students with disabilities the time her probation was to prompt thought and have limited access to complete in 2013, the policy conversation on the harms T SAN DIEGO/ZUMA WIRE high-performing schools. had changed. of the death penalty. ! © U With requirements that Unfortunately, this include essays written by information was not widely Massachusetts: San Diego: RAPPER BRANDON DUNCAN at a FREE SPEECH Free speech news conference held after “gang conspiracy” charges parents to explain why a disseminated, and after Jennifer, a transgender should mean just that— were dismissed against him. school is a good match for Grif!n proudly went to cast Army veteran. freedom from government their child, annual activity her vote, she was charged interference, free of charge. fees, mandatory parental with voter fraud and New Jersey: The ACLU of Massachusetts CRIMINAL LAW REFORM involvement, high-cost arrested. A jury acquitted TRANSGENDER RIGHTS stepped in when police in RAPPER BRANDON DUNCAN, LIKE SO MANY MUSI- uniforms and a lack of her in just 40 minutes, The Army—and most Westford asked the Board CIANS, draws on his past experience to inspire his music. As transportation support, but she still can’t vote branches of the military—has of Selectmen to require he says, he is “just painting a picture of urban street life.” But disadvantaged children are under Iowa law. Now the had a long-standing policy 11-year-old Margaleet after a series of alleged gang shootings in 2013 and 2014, the being shut out. ACLU is pushing to restore of not changing the names Keith Allison was removed as an educator in Ohio after he “Leetka” Katzenblickstein Grif!n’s voting rights and that appear on discharge expressed his thoughts about the treatment of dairy cattle. San Diego District Attorney’s office decided that Duncan’s lyrics The ACLU’s research has to pay for a police detail strike down the state law documents, resulting in were much more than that. Duncan was charged with “pro- shown that high-performing in order to hold a rally that keeps her and others lasting hardship for removed Keith Allison to colonias, residential areas moting” or “benefiting” from the shootings by talking about schools in the state are against police-involved convicted of lower-level transgender veterans like from his position as an along the border that lack them in his music. As the prosecutor admitted, he wouldn’t be overwhelmingly !lled with shootings of people of felonies from voting. educator working with white students, while color. “Requiring people Jennifer, who served in some of the most basic neces- charged if he sang “love songs.” the Army for 30 years, at-risk students when—on sities, such as potable water, low-income students and Kentucky: CAPITAL to pay several hundred Duncan wasn’t at the scene of the crimes, and prosecutors had and Nicolas, who served in his own computer, during sewers, electricity, paved students with disabilities PUNISHMENT The ACLU dollars to hold a small no evidence linking him to the shootings. He didn’t have a the Army National Guard nonwork hours—he are disproportionately of Kentucky is partnering and peaceful Black Lives roads and safe housing. for nine years. All of their posted on Facebook his criminal record and made it clear that he had no knowledge of represented in low- with death row exonerees to Matter demonstration on personal beliefs about In Bent Tree, Texas, an ACLU the crimes. But the district attorney charged him all the same. performing charter schools other credentials re"ected the treatment of animals organizer gave a series or segregated traditional their legal name change, The prosecution’s theory violated the First Amendment by pun- on dairy farms. The ACLU of “Know Your Rights” public schools. The ACLU of but every time they were ishing Duncan for the content of his speech. The government of Ohio challenged Allison’s presentations, which Delaware is standing up to asked to produce the can punish crime, but it can’t punish speech about crime, even discharge form, they had removal as a violation of eventually led members of challenge this law, arguing by proven criminals about their own crimes, much less an artist to explain the discrepancy, free speech. He is now the community to organize that it is discriminatory and like Duncan. has signi!cantly contributed opening themselves up back at work. to successfully advocate for to a resegregation of to discrimination and This is a big step in the right themselves and demand Duncan faced a potential life sentence, punishment as severe Delaware public schools. harassment. direction, but not all the issues services that are widely as if he had committed the alleged crimes himself. The ACLU of The ACLU of New Jersey have been resolved. The ACLU available in other Texas San Diego has intervened on his behalf. After spending eight Iowa: VOTING RIGHTS !led petitions to change will continue to !ght for communities—such as months in jail, Duncan was freed on bail, and in March, a The ACLU of Iowa has !led a Kelli Jo Griffin (left) receives support from a local nun after both Jennifer’s and Nicolas’s Allison and all teachers who street lights and free trash judge finally dismissed gang conspiracy charges against him. lawsuit on behalf of Kelli Jo learning that she was acquitted of voter fraud. forms, and last November, choose to exercise their right collection.

32 AMERICAN CIVIL LIBERTIES UNION | SUMMER 2015 SUMMER 2015 | AMERICAN CIVIL LIBERTIES UNION 33 MY stand OPINION BY SUSAN N. HERMAN

END DISCRIMINATION AGAINST PREGNANT WORKERS THE ACLU’S PRESIDENT ON HOW COMPANIES ROUTINELY DENY TEMPORARY LIGHT-DUTY ACCOMMODATIONS TO PREGNANT WORKERS —AND THE ORGANIZATION’S FIGHT AGAINST THIS KIND OF DISCRIMINATION.

ORE THAN 35 has once again taken the lead YEARS AFTER in the fight against pregnancy THE ACLU’S discrimination. RUTH BADER ACLU client Julie Desan- MGINSBURG LED THE FIGHT tis-Mayer had worked at UPS And in a major break- 12 states and five cities had to pass the federal Pregnan- for 10 years. When she be- through, Peggy Young, passed laws requiring employ- cy Discrimination Act, some came pregnant, she requested another UPS driver who was ers to provide at least some employers still force pregnant temporary light duty on the denied a temporary accom- degree of accommodation women to choose between advice of her doctor so she modation before the EEOC to pregnant workers. their jobs and a healthy preg- would not have to lift packag- guidance was issued, won an Many more states and nancy. es weighing up to 75 pounds. important victory at the U.S. municipalities are considering The Pregnancy Discrimina- UPS refused and instead Supreme Court in March. The similar laws. tion Act of 1978 required com- forced her onto unpaid leave, Court ruled that employers The momentum is clearly panies to provide pregnant meaning she would have no cannot impose a “significant” going our way. workers the same temporary income or benefits for the re- and unjustified “burden” on Employers, courts and accommodations offered to mainder of her pregnancy. We pregnant workers by denying government agencies, like workers who sustain physi- took her complaint to the U.S. them accommodations while the EEOC, have begun to get cal injuries. But the law has been undermined by the persistence of paternalistic Over the long term, this form of assumptions and outdated discrimination contributes to the stereotypes—including the notion that the only proper stubborn gender pay and wealth gaps. place for a pregnant woman is the message: Firing a work- at home. Too many compa- Equal Employment Opportu- providing accommodations to a large percentage of er or sending her home for nies still force women off the nity Commission (EEOC). several months with no pay non-pregnant workers. The job when they need simple, In 2014, the EEOC issued or health insurance because ACLU wrote an amicus brief temporary accommodations its first enforcement guidance she’s pregnant is not only an on her behalf. like the ability to avoid heavy on pregnancy discrimina- inordinate hardship—one that In addition to working on lifting, sit down, or keep a tion since the passage of the can send low-income families particular cases like these, water bottle nearby. Pregnancy Discrimination into a spiral of poverty—it’s the ACLU is fighting to Pushing women out of the Act, stating that actions like as unfair and unlawful today workplace just when they those taken by UPS aren’t just strengthen existing federal as Congress declared it to be need the income to prepare wrong, they are illegal. and local laws, and to pass in 1978. for a new child can send fam- After this guidance was new laws to make it impos- ilies into financial crisis. Over issued, UPS announced it sible for employers to justify SUSAN N. HERMAN is the the long term, this form of would start treating pregnant their irrational discrimination ACLU’s president and also discrimination contributes to workers the same as those against pregnant women. holds a chair as Centennial the stubborn gender pay and who request light duty due Last year alone, we helped Professor of Law at Brooklyn wealth gaps. To realize the to an injury or disability. We pass pregnant-worker fairness Law School. She teaches courses promise of Ginsburg’s 1978 settled the case on behalf of bills in four states and three in Constitutional Law and legislative success, the ACLU Desantis-Mayer last December. cities. By the end of 2014, Criminal Procedure.

34 AMERICAN CIVIL LIBERTIES UNION | WINTER 2015 How can I leave my mark Q: on civil liberties?

A: Join the ACLU Legacy Challenge.

The Atlantic Philanthropies has issued a challenge to all ACLU supporters: Simply include the ACLU in your will now, and you can qualify us to receive an immediate cash donation matching up to 20% of the value of your future gift. Your commitment will help us fight the fights of today and protect civil liberties tomorrow. Be heard. Step up to the challenge.

For more info, visit ACLU.ORG/JOINTHECHALLENGE or CALL 1-877-867-1025. You can also fill out the enclosed REPLY CARD. ACLU June 12 MY stand OPINION BY STEVE SCHMIDT MOMENT 1967 Don’t Tell.” Or that prior to future is clear: Today’s young the 2012 election, President Republicans will be tomorrow’s Barack Obama was still evolv- establishment. In the GOP, ing on the issue. For years, it as in America as a whole, the was difficult to find a national issue is effectively settled. politician of either party who The Republican Party, the stood for the freedom to Party of Lincoln, was founded marry. Today, our political in 1854 for the explicit cause class is finally catching up of human dignity—the with voters. abolition of slavery. Marriage Many prominent conser- equality is consistent not just vatives have unquestionably with that heritage and those joined the cause of marriage principles, but also with the equality. In early 2013, 75 cause of expanding freedom Republicans (myself includ- as a whole. This commitment ed) filed an amicus brief in is evident on several issues. federal court to help defeat Criminal justice reform, to California’s Proposition 8. name one, is now a conser- The group included former vative cause on Capitol Hill. Governors Jon Huntsman, These battles will never be Meg Whitman, Christine won without bipartisan sup- WHY I’M port, because if the cause for Todd Whitman and Bill Weld, as well as former Republican civil liberties and civil rights National Committee Chair- becomes the purview of one AN ALLY man Ken Mehlman, himself political party, the cause dies. THE REPUBLICAN POLITICAL STRATEGIST SPEAKS a gay man. Former Vice Pres- I am passionate about pol- ABOUT HIS STANCE ON THE FREEDOM TO MARRY ident Dick Cheney supports itics, and I couldn’t imagine AND HIS WORK WITH THE ACLU. equal rights (his daughter, myself in a different career. I also can’t imagine this T ITS BEST, of the law—is one of those Mary Cheney, married her AMERICAN fights. It is also the issue that long-time partner, Heather country without the ACLU. POLITICS RISES brought me, a Republican, to Poe, in 2012), as does former This organization exists for ABOVE ITSELF. join with the ACLU and work Secretary of State Colin the sole purpose of defending After all, we for a larger cause. Powell. In 2012, the Republi- our constitutional principles, Adon’t think of the civil rights I have no illusions about can-controlled New Hamp- and in our defining moments, movement or the fight for where the GOP has been on shire state legislature easily the ACLU fights on the right women’s suffrage as Republi- this issue. But it would be defeated a bill to repeal the side of history. In Supreme can or Democratic issues. At revisionist history to suggest Live-Free-or-Die state’s legal Court cases that ensured our pivotal moments, when that either major party has marriage law. progress prevailed over fear— our basic rights are on the line, been a champion of LGBT Public polling reveals an working on behalf of Oliver LOVING V. VIRGINIA party politics are trumped by rights. Let’s not forget that even starker reality: A majority Brown, Fred Korematsu or FEW CASES WERE MORE APTLY NAMED THAN LOVING if they agreed to leave the state for the next 25 years. more fundamental questions. President Bill Clinton signed of Republicans under the age of Edie Windsor—the ACLU re- V. VIRGINIA, which pitted an interracial couple—17-year- The Lovings did leave Virginia. But when they returned What are our core American the Defense of Marriage Act 44 favor marriage equality. The minds us what it means to be values? How will we define old Mildred Jeter, who was black, and her childhood and instituted “Don’t Ask, party is not monolithic, and its American. I’m proud to join to visit !ve years later, they were arrested for traveling ourselves? What is right, and this fight, and I have no doubt sweetheart, 23-year-old white construction worker Rich- together—and Mildred Loving fought back. She wrote what is wrong? ard Loving—against Virginia’s “miscegenation” laws I can’t imagine this country without that together we will prevail. to Attorney General Robert F. Kennedy, who referred her The battle for equal mar- banning marriage between blacks and whites. to the ACLU. The ACLU represented the Lovings in their riage rights—for each and the ACLU. This organization exi!s STEVE SCHMIDT is a political After marrying in Washington, D.C., and returning every American to love whom for the sole purpose of defending our campaign strategist. In 2013, he to their home state in 1958, the Lovings were charged case all the way to the U.S. Supreme Court. partnered with the ACLU in the On June 12, 1967, the justices ruled unanimously that we choose, how we choose con!itutional principles. with unlawful cohabitation and were jailed. The judge and under equal protection fight for the freedom to marry. sentenced them to a year in prison, to be suspended state bans on interracial marriage were unconstitutional.

36 AMERICAN CIVIL LIBERTIES UNION | WINTER 2015 WINTER 2015 | AMERICAN CIVIL LIBERTIES UNION 37 LEAVE YOUR MARK.

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