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SUPPORT THE NYCLU JOIN AND BECOME A CARD-CARRYING MEMBER Basic individual membership is only $20 per year, joint membership NEW YORK is $35. NYCLU membership automatically extends to the national CIVIL LIBERTIES UNION American Civil Liberties Union and to your local chapter. Membership is not tax-deductible and supports our legal, legislative, lobbying, educational and community organizing efforts. ANNUAL MAKE A TAX-DEDUCTIBLE GIFT Because the NYCLU Foundation is a non-profit 501(c)(3) organization, REPORT donations are fully tax-deductible. The NYCLU Foundation supports litigation, advocacy and public education but does not fund legislative lobbying, which cannot be supported by tax-deductible funds. BECOME AN NYCLU ACTIVIST 2013 NYCLU activists organize coalitions, lobby elected officials, protest civil liberties violations and participate in web-based action campaigns THE DESILVER SOCIETY Named for Albert DeSilver, one of the founders of the ACLU, the DeSilver Society supports the organization through bequests, retirement plans, beneficiary designations or other legacy gifts. This special group of supporters helps secure civil liberties for future generations. THE AMICUS CLUB Lawyers and legal professionals are invited to join our Amicus Club with a donation equal to the value of one to four billable hours. Club events offer members the opportunity to network, stay informed of legal developments in the field of civil liberties and earn CLE credits. THE EASTMAN SOCIETY Named for the ACLU’s co-founder, Crystal Eastman, the Eastman Society honors and recognizes those patrons who make an annual gift of $5,000 or more. Society members receive a variety of benefits. Go to www.nyclu.org to sign up and stand up for civil liberties. For details and additional options on giving, contact: Development Department New York Civil Liberties Union 125 Broad Street, 19th Floor, New York, NY 10004 212-607-3300 [email protected] MISSION CONTENTS DEAR FRIENDS The New York Civil Liberties Union 2 MARRIAGE FAIRNESS The year 2013 was a whirlwind of change that will affect the lives of (NYCLU) is dedicated to defending civil millions of people. From the streets, to the courtrooms, to the Legislature, liberties and civil rights. 4 STOP-AND-FRISK REFORM we mobilized our resources throughout the state to advance freedom and equality. We achieved historic victories. In these pages, we share these Founded in 1951 as the New York affiliate 6 REPRODUCTIVE RIGHTS AND GENDER EQUALITY stories with you—our dedicated supporters. of the American Civil Liberties Union, 8 TRANSGENDER RIGHTS we are a not-for-profit nonpartisan These are not one-off victories. They are the culmination of many years organization with eight chapters and 10 STUDENTS RIGHTS of work by the NYCLU and our partners to shift public opinion, influence regional offices and nearly 50,000 public policy, and advance social justice. This year, the NYCLU played a members across the state. 12 FIRST AMENDMENT key role in putting the brakes on the NYPD’s out-of-control stop-and-frisk program. This report details our victories that limit the reach and harm of Our mission is to defend and promote 13 IMMIGRANTS RIGHTS this unconstitutional program. the fundamental principles and values embodied in the Bill of Rights, the 14 CRIMINAL JUSTICE REFORM We are proud of our historic victory in the Supreme Court for marriage U.S. Constitution, and the New York equality. The defeat of the discriminatory Defense of Marriage Act was Constitution. 16 MORE VICTORIES a giant leap forward for LGBT rights and particularly exciting in New York, where the case began with our client Edie Windsor. Because of 17 NYCLU REPORTS Edie’s victory, thousands of couples can now marry and enjoy the federal 18 YOUTH PROGRAMS protection they deserve. ANNUAL REPORT CREDITS 20 SUPPORTERS With these victories, we are emboldened to face the work ahead. In the Writer: Toni Smith-Thompson coming year, we will push New York State to overhaul its public defense Editors: Jennifer Carnig and Helen Zelon 23 FINANCIALS system. We will continue to promote policies and practices that advance Design: Marc Loresto equal and adequate educational opportunities for every student. In Photo Credits: 2,3,19: Donna Aceto 24 NYCLU STAFF AND BOARD OF DIRECTORS addition, we will fight to preserve and expand the reproductive rights of all New Yorkers. If there is one thing we’ve learned over our 60+ years, it is that the NYCLU has the staying power to tackle any challenge. The NYCLU is positioned to leverage the momentum of our recent successes to achieve greater gains. I am so proud of what we have accomplished. We thrive—and excel— because of your generous support. Thank you for your commitment to civil liberties and for your support of the NYCLU. Peace, Donna Lieberman, Executive Director June 26, 2013 marked one of the most triumphant civil rights moments in U.S. history: The U.S. Supreme Court struck down The Defense of Marriage Act (DOMA) because it discriminates against DOMA married lesbian and gay couples and their families. DEFEATED The NYCLU played a major role in this historic victory. Edie and Thea: A Love Story Case Details Edie and Thea met in 1962 at Portofino, a • New York City resident Edith “Edie” Windsor sued the federal government for failing to Greenwich Village restaurant. The pair made recognize her marriage to her partner of more than 40 years, Thea Spyer. When Spyer an instant connection and danced until the died in 2009, she left all of her property to Windsor, including the apartment that they restaurant closed for the night. In 1967, shared. But because DOMA prevented the federal government from recognizing same-sex Thea proposed with a diamond circle pin marriages, Windsor was forced to pay $363,053 in estate taxes, which she would not have rather than a ring because circle pins were owed had Thea been Theo. popular in those days and Edie did not want • The NYCLU served as co-counsel to Windsor along with the ACLU and the law firm of to face questions from co-workers about a Paul, Weiss, Rifkind, Wharton & Garrison LLP. presumptive husband-to-be. Edie wore the same brooch on the day the Supreme Court • Edie filed her lawsuit against the U.S. government on November 9, 2010, at the age of 81. decision was handed down. • The section of DOMA that was struck down was “Section 3,” which prevented the federal government from recognizing any marriages between gay or lesbian couples for the “This is a great day for equality and The couple moved into an apartment near purpose of federal laws or programs, even if those couples were legally married in their the beginning of the end of official Washington Square in Manhattan, where home state. discrimination against people who are Edie still lives, and bought a house together lesbian and gay,” in Southampton, Long Island. Edie rose to the highest technical position within IBM, - Donna Lieberman, executive director of “Because of today’s Supreme Court ruling, every child born today will and Thea, a psychologist, saw patients in the New York Civil Liberties Union be able to grow up in a world without DOMA – a world where the federal their apartment. In the years following the government won’t discriminate against their marriages no matter who Stonewall riots they both marched and they are. I know Thea would have been so happy and proud to see how far “Edie and Thea were there for each other demonstrated for equal rights. we have come in our fight to ensure that all gay and lesbian couples are in sickness and in health like any other treated with the dignity and respect that they deserve.” married couple. It’s only right for the In 1977, Thea was diagnosed with multiple federal government to recognize their sclerosis. As Thea’s health deteriorated, – Edie Windsor, plaintiff, U.S. v. Windsor marriage and the life they built together.” Edie became her full-time caregiver. Then - James Esseks, director of the ACLU in 2007, Thea’s doctors told her she had one Lesbian Gay Bisexual & Transgender year left to live. After hearing this prognosis, Project and co-counsel the couple decided to get married. With Thea What the Repeal of DOMA Means in a wheelchair, they traveled to Toronto • A federal estate tax refund of $363,053 to Edie Windsor. Plus interest! • Benefits! There are more than 1,000 federal marriage benefits that the federal because Canada has fair marriage laws. “This is truly a day for the history books, government now grants to married same-sex couples, such as: After a 44-year engagement, the couple one that will be marked by future gener- finally married. Edie was 77 and Thea • Marital tax status, including the marital exemption from federal estate taxes; ations as a giant step forward along our was 75. When Thea died in 2009, she left • Spousal immigration rights for couples in which one partner is not a citizen; nation’s continuing path towards equality. everything to Edie, including their homes. • Health insurance and pension protections; DOMA was the last law on the books that In the midst of her grief, Edie realized that • Social security benefits; mandated discrimination against gay the federal government considered her and • Support and benefits for military spouses; people by the federal government simply Thea strangers, not family, and assessed • Marital rights to creative and intellectual property; and because they are gay. The days of ‘skim an estate tax that no married opposite sex • Stronger protections for families headed by same-sex couples. milk’ or second-class marriages for gay couple would face. So she sued.
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