Spring 2004 ACLU News

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Spring 2004 ACLU News AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CAL I FORNIA 4 2 0 0 BECAUSE FREEDOM CAN’T PROTECT ITSELF SPRING VOLUME LXIV ISSUE 2 ACWHAT’S INSIDE LUnews PAGE 5 PAGE 6 PAGE 8 PAGE 10 PAGE 12 Youth March for Who’s Watching You? Same-Sex Couples: For Still Segregated? Brown Touch Screen Voting: Women’s Lives Surveillance in the Better or Worse, With v. Board of Education 50 Democracy Digitized or Ashcroft Era Marriage or Without Years Later Derailed? ACLU CHALLENGES NO-FLY LIST: CITIZENS TARGETED AS TERRORISTS by Stella Richardson, Media Relations Director member of the military, a retired Presbyterian minister, and a social activist were among seven U.S. citizens who joined the A ACLU’s first nationwide, class-action challenge to the government’s secret “No-Fly” list. The suit was filed in federal court April 6 in Seattle, Washington. The No-Fly list is compiled by the federal Trans- that I am on this list.” It was a feeling shared by all of the portation Security Administration (TSA) and plaintiffs. distributed to all airlines with instructions to stop or The effort to challenge the No-Fly list started in the fall of MARYCLAIRE BROOKS MARYCLAIRE conduct extra searches of people suspected of being threats 2002, when the ACLU of Northern California (ACLU-NC) U.S. Air Force Master Sergeant Michelle Green, who discovered to aviation. sent a Freedom of Information Act (FOIA) request to the TSA she was on a No-Fly list when she was flying on duty for the U.S. At the news conference announcing the suit, Michelle and the Federal Bureau of Investigation (FBI), asking basic government, speaking at an ACLU news conference. Green, Master Sergeant in the U.S. Air Force, told a packed questions about the list. The request was on behalf of two room of reporters, “As someone who has served her coun- anti-war activists who were told they were on a “No-Fly” list try in the United States Air Force for nearly 16 years and when they attempted to fly from San Francisco to Boston to who obeys the laws of the land, I was shocked to discover visit family. CONTINUED ON PAGE 7 CALIFORNIA LEADS THE WAY FOR SAME-SEX MARRIAGE By Shannon Minter, Legal Director of the National Center for Lesbian Rights, and Tamara Lange, ACLU-NC Staff Attorney n February 12, 2004, San Francisco Mayor Gavin their lives to one another as legally wedded spouses. CA Newsom altered the course of legal history by direct- Del Martin and Phyllis Lyon, the first same-sex couple O ing the San Francisco County Clerk to stop denying married in the United States, are a perfect example of the PAID on-Profit on-Profit N marriage licenses to same-sex couples. Over the next four commitment, devotion, and legal vulnerability of thousands U.S. Postage Organization Permit No. 4424 San Francisco, weeks, more than 4,000 same-sex couples—many surrounded of couples previously denied the right to marry. They first by their children and extended family members—pledged met in 1950, when they both worked for a trade publication CONTINUED ON PAGE 8 NATIONAL ACLU MEMBERSHIP CONFERENCE JULY 6-8, 2004, IN SAN FRANCISCO FEATURING SPEAKERS INCLUDING: n SEYMOUR HERSH, investigative journalist for The New Yorker, who broke the Abu Ghraib detainee abuse story n GAVIN NEWSOM, Mayor of San Francisco n RICHARD CLARKE, former National Security Advisor and author of Against All Enemies n HOWARD DEAN, former governor of Vermont, debatng Governor BILL OWENS of Colorado n COLEEN ROWLEY, FBI whistleblower n EVE ENSLER, author of The Vagina Monologues Plan to be there. Freedom depends on you. For information and registration, go to www.aclunc.org, or call (212) 549-2590 WWW.ACLUNC.ORGWELCOME TO THE ACLU NEWS. READ MORE AT WWW.ACLUNC.ORG NATIONAL ACLU Supreme Court in March. The ACLU noted in a friend-of-the-court brief that Con- MEMBERSHIP CONFERENCE DEVOTED TO EACH OTHER – AND THE ACLU SUPREME COURT UPHOLDS gress added the phrase “under God” in 1953, at the height JULY 6-8, 2004 IN SAN FRANCISCO by Stan Yogi, Planned Giving Director the Briggs Initiative, which would have barred gays and of the anti-communist McCarthy Era. In signing the bill, Longtime ACLU lesbians from teaching in California schools. They found then-President Eisenhower said that the phrase “under God” DON’T MISS OUT—REGISTER NOW! Monterey Chapter ac- that the ACLU-NC’s Monterey chapter opposed the ini- was added so that schoolchildren would “daily proclaim…the CONTRACEPTION COVERAGE LAW dedication of our nation and our people to the Almighty.” tivists Mickey Welsh tiative, and they joined the fray. The experience taught the We need your help to make the case loud and clear to both current and Kathy Stoner never couple an important political lesson: “Go to people when by Stella Richardson In its 2002 ruling, the and future administrations that Americans will not sit by and dreamed they would be they have an issue and help them. Don’t sit back and wait “ A PROFESSION THAT WE Ninth Circuit Court of Ap- have their rights trampled. Don’t miss this opportunity to make able to legally marry. for them to come to you.” They have both been key ACLU n a huge victory for working women and for reproductive An organization representing Catholic Charities, as well as peals found that “a profession a difference! ARE A NATION ‘UNDER But when San Francisco leaders ever since. freedom, the California Supreme Court upheld a state law Catholic hospitals and schools, said it would consider an ap- that we are a nation ‘under CONFERENCE FEATURES began offering marriage Stoner has remained active with the ACLU because “it’s I requiring employers that provide prescription drug ben- peal to the U.S. Supreme Court. The ACLU Foundation of GOD’ IS IDENTICAL, God’ is identical, for Estab- The conference kicks off with ACLU president Nadine Stros- licenses to same-sex a broad organization that’s proactive.” Welsh enjoys serving efits to include contraceptive coverage. The Court, by a 6-1 Southern California and ACLU of San Diego and Imperial lishment Clause purposes, sen, local leaders from the Bay Area and surprise guests. Hear couples, they couldn’t as an ACLU volunteer attorney, knowing the organization’s vote, rejected a claim by Catholic Charities that its religious Counties are co-counsel in the case. FOR ESTABLISHMENT to a profession that we are a about the latest developments in the U.S. Supreme Court from pass up the opportunity clout stands behind her. freedom outweighed its employees’ right to contraceptive cov- nation ‘under Jesus,’ a nation erage under the law. CLAUSE PURPOSES, TO ‘under Vishnu,’ a nation ‘un- ACLU legal director Steve Shapiro. Connect with old ACLU Mickey Welsh (left) and Kathy to solemnize their 30- In addition to their tireless activism, the couple con- “The court’s decision ensures that working women, any- OTHER CHURCH-STATE ISSUES der Zeus,’ or a nation ‘under friends and make new ones over drinks and hors d’oevres. Stoner. year partnership. Attor- tributes annually. They’ve also included the ACLU in A PROFESSION THAT WE Listen to a keynote address by ACLU executive director An- neys in a private practice their estate plans to continue giving beyond their life- where in California, can make their own birth control deci- IN THE COURTS: no god,’ because none of these thony Romero. Attend the Dinner and Gala Tribute to the emphasizing employment law, estate planning, and family times. sions, and that employers cannot impose religious views about ARE A NATION ‘UNDER professions can be neutral First Amendment: A Celebration of Freedom of Expression, law, they understand the importance of safeguarding their “Whether or not a couple is married or in a partnership,” family planning on employees who may not agree with them,” with respect to religion.” The STATE AID FOR RELIGIOUS SCHOOLS JESUS,’ A NATION featuring world-renowned artists, writers, and performers. relationship. Stoner says, “it’s important to think carefully about the legal said Margaret Crosby, an attorney at the ACLU of Northern appeals court added that the Welsh and Stoner met in 1974 while students at Mon- consequences of your relationship and to plan for contin- California (ACLU-NC). In another victory, the California Court of Appeal ruled that coercive effect of this policy SPEAKERS INCLUDE: ‘UNDER VISHNU,’ A terey College of Law. In 1978, they wanted to help defeat gencies like the death of a partner.” n The California Women’s Contraceptive Equity Act requires bond financing of buildings and equipment for pervasively re- is “particularly pronounced n Seymour Hersh, investigative journalist for The New Yorker, employers that offer health insurance with prescription drug ligious schools that discriminate in hiring and restrict admis- NATION ‘UNDER ZEUS,’ in the school setting given who broke the Abu Ghraib detainee abuse story benefits to include coverage for prescription contraceptives. sions along religious lines violates the California Constitution. the age and impressionability n Richard Clarke, former National Security Advisor and au- Before the law passed in 2000, The California Statewide Commu- OR A NATION ‘UNDER NO of schoolchildren.” n Racial Profiling in America. Discuss implications of this ACTION CENTER: thor of Against All Enemies about half of California’s health nity Development Authority had GOD.’ ” Joining the ACLU in its n Howard Dean, former governor of Vermont controversial law enforcement technique. Open throughout the conference, the activist hub is equipped with: plans had excluded women’s filed a petition asking the court friend-of-the-court brief are n Freedom’s Foundation: The First Amendment.
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