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NYCLU News Spring/Summer 2004

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NYCLU News Spring/Summer 2004 NYCL UNe ws Spring / Summer 2004 w w w. n y cl u. o r g ■ P u b lished by the New York Ci v il Liberties Union ■ Volume LI, N o. 2 2 3 4-5 6 7 8 > Director’s Column > No Fly Woes for the Wrong Man > Board of Directors > Ch a l lenge to Federal Abo r tion Ban > Young “Old Timer” Activist > Pro t e c t i ng Protest at the > Notes from the Board > NY Prison Visitors Rejected As 2004 Election > Launch of Indigent Defense > Students Rights Victory Re p u b l ican National Convention Scanners Foul Up Campaign > Bi ll of Rights Defense Pro cl a m at i o n NYCLU Files Suit on Behalf of Lesbian and Gay Couples’ Rights to Marry n April 7, 2004, the NYCLU joined the defining issue in this new phase races and religious faiths. And while over time the courts have corrected the dis- of the gay rights movement by filing suit on behalf of eleven same-sex criminatory and unjust restrictions of the marriage law, it is society’s failure to Ocouples seeking to exercise their right to marry under New York law. make marriage available to lesbian and gay couples who live their lives together This lawsuit, in which we appear as co-counsel with the ACLU, charges that that led the plaintiffs in this case to the Supreme Court of Albany County. the New York State Constitution requires recognition of marriages entered into In a news conference at the ACLU offices, the plaintiffs offered moving per- by lesbian and gay couples; and that to deny this right is to violate the state con- sonal testimony of the indignity and contempt they suffered as partners to “non- stitution’s guarantee of equal treatment under the law. legal” marriages: denial of access to a partner’s hospital room in a medical emer- “Marriage” the legal complaint begins, “is the universally recognized social gency; refusal of spousal medical benefits under an employer’s health insurance structure for two people who have committed to build a life together.” In rec- policy; challenges to parental rights of children one has raised. ognizing in the law “the reality of life as a committed couple,” the complaint con- The NYCLU has also been active in advocating for recognition of same-sex tinues, “the legal institution of marriage creates vitally important protections, ma r riage in the legislative arena. In Februa r y, Christian Smith-Socaris, the NY C L U ’ s legislative associate in Albany, presented testimony at a forum on gay rights and obligations.” ma r riage sponsored by State Senator Tom Duane. Senator Duane is the sponsor of The legal papers document the history of discrimination in which marriage rights were denied to African-Americans held in slavery, to persons of different > Continue on page 6 NYCLU Says No To Salvation Army Discrimination If you had told me that one day I’d be standing here with the New Counties in Long Island to complete and sign a Work With Minors “York Civil Liberties Union, I would not have believed you.” (WWM) form. The form pointedly asks employees to identify their This was self-described, conservative Marga r et Geissman speaking at a church affiliation, catalog their church attendance for the past decade and cr owded press conference on Februa r y 24 where the New York Civil Liberti e s authorize their religious leaders to reveal private communications to The Union announced a fed- Salvation Army. In addition, the employees have to pledge to adhere to eral religious discrimina- religious principles of The Salvation Army which is an Evangelical tion suit against The Christian Church whose mission is to “preach the Gospel of Jesus Christ.” Salvation Army . Geissman, the former Human Resources Manager for Social Services for The suit on behalf of Ch i l d r en, and Anne Lown, a 27-year veteran with the agency who ros e 18 current and forme r th r ough the ranks to become the associate director of the social servi c e s Salvation Army employ- > Continue on page 6 ees calls for the court to stop The Salvation Army 125 Broad Street Non-Profit Org. New York,NY 10004 U.S. Postage from imposing religious www.nyclu.org PA I D restrictions on employ- New York,NY Permit No. 2723 ees in its publicly ■ A light moment with Margaret Geissman, former Salvation financed social service Army employee (left) and Donna Lieberman. p rograms which aid over 2300 hundred chil- dren, families, and disabled adults a day in the New York City area. Public funding for The Salvation Army programs totals more than $89 million a year. The suit charges that in September 2003, The Salvation Army began requiring its 850 employees in New York City and Nassau and Suffolk DIR ECTOR’S by Donna Lieberman,Executive Director COLUM N The NYCLU ONLINE — Speaking Truth to Power n the week leading up to the once and for all. We are working now to reconstitute a find out about upcoming events in your part of the historic Februa r y 4th vote strong coalition effort to put an end to the absurdly state. And, perhaps most importantly, you will soon be I by the New York City harsh penalties that have resulted in the incarceration able to take action. As we continue to improve and Council calling upon govern- of huge numbers of mostly black and brown New upgrade our Web site, the “take action” section of the ment officials to uphold civil Yorkers for nonviolent drug offenses. site will feature a series of legislative alerts giving you ◆ rights and civil liberties in the war on terrorism, I got a We must prevent a bundle of repressive and background information and analysis of bills pending taste of how powerful NYCLU members and supporte r s ineffective counterterrorism measures from becoming in the state legislature, and you’ll be able to send a free could be when acting in concert. And it was delicious! law, including a measure creating a “good faith” excep- fax to your elected representatives on the spot. Our Bill of Rights Defense Campaign needed to pull out tion to the Fourth Amendment’s Exclusionary Rule and You can also join our email list on the Web site’s all the stops to make sure the Council’s leadership held another that undermines the Constitutional protection homepage, and I hope you will do so right away. Once fi r m to its commitment to pass the Resolution. For the against double jeopardy. you’ve given us your email address, we’ll be able to ◆ first time, we were able to take full advantage of the We must resist the passage of the pending “Act notify you when there has been a major development in c r edible power of the Internet to rapidly mobilize grass- to amend the penal law in relation to unborn victims of in Albany, and provide you with a link to a newly post- roots support. We sent email “action alerts” to support- violence,” the anti-choice movement’s latest attempt to ed legislative alert. When we harness the grassroots ers of the New York City Bill of Rights Defense weaken women’s reproductive rights in our state. power of the NYCLU, even the lawmakers in Albany ◆ Campaign asking each of them to send a free fax to the We must give our active support to the same- will have to take notice. Council President. Within a matter of days, several thou- sex marriage bill introduced by Senator Thomas Duane Our Web site is also going to serve as a hub of sand faxes were generated, and Council President Giffo r d and Assembly Member Richard Gottfried and make i n f o rmation and activity before, during, and after the Miller clearly got the message. our state a place where lesbians and gay men enjoy true Republican National Convention at the end of My goal now is to bring the NYCLU’s consider- legal equality. August. Groups from all over the country will be able grassroots power to bear on one of the most recal- If you haven’t done so recently, please take a coming to New York City to weigh in on the Bush citrant institutions known to humankind: the New minute to visit us at www.nyclu.org. The redesigned A d m i n i s t r a t i o n ’s re c o rd, and we know there will be a York State Legislature. Our state legislature is, as you Web site is much easier to navigate and offers some new huge groundswell of political protest activities. Our all know, a very hard nut to crack. The turnover rate amenities. For the first time, it’s fully searchable. You main job, as always, will be to do what we can to pro- is only about one percent each election year, so winning can also now join and make contributions online, and tect freedom of speech and association. We are a seat in Albany is practically tantamount to a lifetime > Continue on page 6 appointment. As last year’s defeat of the big and well- publicized “Drop the Rock” campaign demonstrated, NOTES FROM our state lawmakers are almost (but not totally) THE BOARD immune to pressure. The challenge is huge, and the ATr ibute to Jer e miah Gutman stakes are high. But with the help of our members — and our new redesigned Web site — I am convinced by Claudia Angelos,President of the NYCLU Board of Directors that we can make a breakthrough.
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