ACLU OF MICHIGAN 2006 GENERAL ELECTION VOTERS’ GUIDE PAGE 11

The American Civil Liberties Union of Michigan 60 W. Hancock Detroit, MI 48201-1343 (313) 578-6800 www.aclumich.org

FALL 2006

Warrantless Spying Program Illegal ACLU WINS

PHONE COMPANIES LANDMARK LAWSUIT BROKE THE LAW, DETROIT -- In an American Civil Liberties Union case, “In order for me to provide analysis and updates for a federal court ruled that the Bush administration’s pro- the American public and officials who are concerned ACLU URGES PUBLIC gram to monitor the phone calls and e-mails of Americans about Afghanistan, I need to be able to have confidential without warrants is unconstitutional and must be stopped. communications,” Professor Rubin said. “My experience SERVICE COMMISSION This is the first ruling by a federal court to strike down the in Afghanistan convinces me that illegal programs such as controversial National Security Agency surveillance pro- warrantless NSA spying and the detentions at TO INVESTIGATE gram. Guantánamo actually undermine national security.” “The importance of this case cannot be overesti- The White House has stonewalled congressional Responding to reports that phone companies are mated,” said Kary L. Moss, Executive Director of the attempts to investigate the administration’s circumvention turning over private details about Americans’ telephone ACLU of Michigan. “Law enforcement agencies have an of FISA. President Bush personally blocked an investiga- calls to the National Security Agency, the American Civil arsenal of tools at their disposal to enable them to fight ter- tion by the Justice Department regarding the NSA’s war- rorism. What they cannot do, as the court said, is to act rantless wiretapping program. Although Congress lacks a Liberties Union of Michigan filed a complaint with the outside of the law. Judge Taylor recognized that ‘there are full understanding of the facts, several bills have been Michigan Public Service Commission against no hereditary kings in America.’ ” introduced that would reward the government’s illegal telecommunications giants AT&T and Verizon. The ruling by U.S. District Court Judge Anna Diggs actions by changing the law to legitimize the programs. Taylor agreed with the ACLU that the NSA program vio- The case, ACLU v. NSA, was filed in U.S. District Court “These companies have abused their public positions by lates Americans’ rights to free speech and privacy under for the Eastern District of Michigan. Attorneys in the case violating the privacy rights of the average citizen who the First and Fourth Amendments of the Constitution, are Beeson, Jameel Jaffer and Melissa Goodman of the has done nothing more than sign up for phone service," and runs counter to the Foreign Intelligence Surveillance national ACLU, and Moss and Michael Steinberg of the said Michael J. Steinberg, Legal Director of the ACLU of Act (FISA) passed by Congress. Judge Taylor also ACLU of Michigan. Michigan. “We are calling on the Public Service rejected the government’s argument that the case could For breaking news about this case please visit Commission to investigate so that the people of not proceed because of state secrets, saying that facts www.aclumich.org. about NSA wiretapping have already been conceded by Michigan can learn the truth. Telephone companies the government. should not be allowed to become surrogate spying “By holding that even the President is not above the agencies." law, the court has done its duty under our Constitution to serve as a check on executive power,” said ACLU In May, USA Today reported that the NSA has obtained Associate Legal Director Ann Beeson, who argued the stored customer records from the leading phone case before Judge Taylor. “Throwing out the companies. Those records, which are usually referred to Constitution will not make Americans any safer.” as CPNI, may actually contain far more detail about the In her ruling, Judge Taylor dismissed the govern- customer than the number they dialed or from which ment’s argument that the president “has been granted the they received a call. inherent power to violate not only the laws of the Congress but the First and Fourth Amendments of the The ACLU contends that the seven doctors, lawyers and Constitution, itself.” psychologists who have provided affidavits are Judge Taylor will consider a request from the govern- especially vulnerable and are concerned that the ment for a stay pending the government’s appeal to the Sixth Circuit Court of Appeals. The ACLU opposed the breaches of the phone companies’ privacy policies may motion, but agreed to a short temporary stay until the impact their confidential communications with clients court can rule on the government’s request. and patients. Beginning in 2001, President Bush secretly authorized the National Security Agency to conduct electronic sur- “What the phone companies have done is openly veillance of people within the United States, including broadcast the numbers of my patients who are often U.S. citizens, without a warrant. The ongoing surveil- times calling me in emergency situations, essentially lance program has been in direct violation of FISA, compromising my ethical obligation to them,” said Dr. which requires the executive branch to obtain a warrant Micki Levin, a clinical psychologist in Bloomfield Hills. before engaging in electronic surveillance of Americans. “My patients have an expectation and legal right to FISA also allows the government to conduct wiretapping without a warrant so long as a warrant is obtained within privacy whenever they see me or speak to me.” 48 hours. More than 20 ACLU affiliates nationwide have called on The ACLU brought the lawsuit on behalf of promi- their state Public Service Commission, state Attorneys nent journalists, scholars, attorneys and national non- profit organizations who say that the NSA program is General or other state officials demanding disrupting their ability to communicate effectively with investigations into whether local telecommunications sources and clients. companies allowed the NSA to illegally spy on their Judge Taylor noted that impact in the ruling, citing Kary L. Moss addresses reporters at a press conference on the customers. The national ACLU has also filed a formal scholars such as New York University professor Barnett day of oral arguments. complaint with the Federal Communications Rubin, who recently returned from Afghanistan where Commission. he was conducting interviews for a policy report for the Council on Foreign Relations. PAST AND PRESENT: ACLU STANDS UP AND STANDS STRONG

In eight years the world has changed in so many ways, and at a pace so accelerated, that at times I feel myself gripping the arms of my chair as I think about it.

As citizens of the world, residing nation, except when he alone decides most important nail we have stuck in here in the United States, alternately he isn’t obligated to do so. the coffin of the Administration’s shivering and sweltering in the state of Of course after 9/11 everything assault on civil liberties. Michigan, be it Kalamazoo, Detroit, changed, and yet, in a larger sense, Or consider our fine LGBT pro- Caro, Mt. Pleasant or Marquette, we nothing changed as far as the ACLU is gram. Jay Kaplan, the long deserving are told to fear global warming, a law- concerned. The battles we fight are recipient of the State Bar of Michigan’s less federal executive branch, the always the same battles. Roger Unsung Hero Award, has been the apparent economic free fall of our Baldwin, in his own optimistic, yet real- face and muscle for the fight to insure JIM RODBARD state, and hysteria about terrorists istic understanding of this country said that everyone in Michigan realizes PRESIDENT under every stone and in every that “. . . [t]he struggle for civil liberties full rights and full lives regardless of Wal-Mart. is never won. It’s a struggle that’s day sexual orientation and gender identity. turn the clock back on equal opportu- Instead of the Pax Americana prom- by day, every day. And it begins every Mark Fancher is settling in to his nity by eliminating affirmative action ised by the neo-conservative propo- morning.” ACLU position as the only lawyer in for women and minorities. nents of the Project for the New For the last eight years, I have been Michigan whose professional work is And the ACLU continues to “get American Century, we are living a member of the ACLU of Michigan. dedicated to racial and ethnic justice. up every morning” and work in the through a “Pax Orwelliana,” with little When I joined the Southwestern And the ACLU of Michigan is the only legislature and courts to protect end in sight. Affirmative action is dis- Michigan Branch Board, we were con- organization of its kind in Michigan to reproductive freedom, and as we battle crimination and protection of LGBT cerned with free speech rights for com- dedicate its resources to this full time, for free speech rights at the very workers from adverse employment and munity dissidents when addressing a permanent staff position. Mark is mak- steps of City Hall so that even a housing decisions based solely on sex- city commission, whether a state cham- ing a difference in one of the areas of newspaper carrier can deliver the ual orientation and gender identity is pion high school cheerleading team greatest importance to the ACLU: the unvarnished truth. We stand up and discrimination against straight could wear a t-shirt with the statement fight against institutional racism, elim- say the law must be followed when a “Can’t Touch This” across their chest, ination of discrimination and harass- circuit judge ignores the order of the 2 “. . . [T]HE STRUGGLE or whether “In God We Trust” posters ment on the basis of race and ethnic U.S. Supreme Court in our case could be placed in local public schools. background, and protection of our granting indigent criminal defendants’ FOR CIVIL LIBERTIES IS The ACLU of Michigan was grappling most vulnerable communities. The appellate counsel to seek review of with the trial of the U-M affirmative ACLU’s missions in the courts, in our 6 NEVER WON. IT’S A their sentences after pleading guilty, as 0 action cases, drug testing of welfare schools, and in connection with law 0 we said they deserved eight years ago 2 STRUGGLE THAT’S DAY recipients, and whether an indigent enforcement will continue to be a when we first took the case. We say L

L criminal defendant was entitled to major focus of our efforts. NO to the disingenuous MCRI, by

A BY DAY, EVERY DAY.

F appellate counsel to seek review of his Eight years ago, the ACLU was at providing critical leadership to the AND IT BEGINS EVERY sentence after pleading guilty. the forefront of the fight against racial One United Michigan coalition. MORNING.” Today, although the ACLU is still profiling and “driving while black or The ACLU of Michigan remains dealing with similar issues, it is still in Hispanic” harassment by law enforce- front and center in the fight to preserve –Roger Baldwin many ways the main game in town. ment. Race continues to play a major the Bill of Rights and enforce our Take for instance, the recent first-of-its- factor in the disproportionate represen- important federal and state laws that kind ruling in the ACLU v. NSA case tation of African-Americans in our ensure the vitality of our democracy America. The President is obligated to that struck down the controversial state prisons. And still there is the cyn- and our most fundamental freedoms. faithfully execute and follow the National Security Agency surveillance ically named Michigan Civil Rights Constitution and the laws of this program. It is so far the biggest and Initiative, which is the latest attempt to

ACLU WELCOMES NEW COMMUNICATIONS DIRECTOR

The ACLU of Michigan is proud to welcome Rana Elmir of Staff Dearborn as our newest addition to the team. Elmir, a graduate Kary L. Moss ...... Executive Director of Wayne State University’s Journalism School and the Michael J. Steinberg ...... Legal Director Rana Elmir ...... Communications Director Journalism Institute for Minorities, has worked as the Media T Desirnaí Hicks...... Development Director Coordinator for LIFE for Relief and Development and Director of Mark Fancher...... Staff Attorney Racial Justice Project Programs and Outreach at the American Arab Anti- Jay Kaplan ...... Staff Attorney Discrimination Committee. She speaks fluent Arabic and is the LGBT Project Shelli Weisberg ...... Legislative Director winner of a number of awards including the Chips Quinn Mary Bejian ...... Field Director Khaled Beydoun ...... Affirmative Action Scholars Program, Wayne State Media and Ethics Scholarship, Coordinator Helen Thomas Spirit of Diversity Inaugural Scholarship and the Rosa Parks Scholarship. Brenda Bove ...... Paralegal Neila Johnson ...... Assistant to She was a member of the North American Media Justice Delegation to Tunis, Tunisia in 2004 Executive Director and is on the Executive Board of Arab American Women Advocating for Resources and Paul Jeden ...... Development Assistant Empowerment (AWARE) and the Detroit Media Empowerment Project. Marie Burke...... Bookkeeper Officers “It is a true honor to join the ACLU team,” said Elmir. “I am eager to work for an organiza- Jim Rodbard ...... President Joseph S. Tuchinsky ...... Treasurer tion and with colleagues that hold our constitution to such high esteem and truly believe in Heather Bendure ...... Secretary the notion of life, liberty and the pursuit of happiness for all.” Mark Granzotto ...... General Counsel Jacquelin Washington. . Executive VP ACLU Fund

Sign up Today at www.aclumich.org to get Civil Liberties Newsletter Rana Elmir, Editor Michigan Action Alerts Published by the American Civil Liberties Union / This free, easy-to-use online service allows you to send a ACLU Fund of Michigan fax or e-mail to your state legislators. 60 W. Hancock Help make the ACLU of Michigan a Detroit, Michigan 48201-1343 powerful voice in Lansing! www.aclumich.org Take Action Today! (313) 578-6800 a borders. covenant toU.S. actionwithinitsown Roosevelt tolimitthereachof and invokedthewordsofEleanor mitment tothatofThomasJefferson’s George W. Bush’shumanrightscom- the headofdelegationcompared m masquerade astruthinthegovern- excuses andmisinformationthatwould U.S. ratifiedin1992. Political Rights(ICCPR), whichthe International CovenantonCiviland past due,detailingcompliancewiththe they issuedinOctober2005,sevenyears ment toanswerquestionsaboutareport were intendedtoallowtheU.S. govern- profiling. detention, humanrightsandracial defend egregiouspoliciesonterror, U States governmentappearedbeforethe t U.S. non-governmentalorganizations, U.N. HumanRights Committee sessions inGeneva. (Front row) From left to right (backrow) proud to bepartofanACLU delegation thisJuly, along with50other a exports thetorture ofcountless accused through extraordinary rendition, A Moss, Ann Beeson, Jamil Dakwar, Chandra Bhatnagar Moss, Chandra Ann Beeson,JamilDakwar, o ent’s report,Istillsankinmyseatas N nd whenmore andmore children are thrown awayinto ourprisons,Iwas Geneva. For thefirsttime,United “special needs” exceptiontothe NSA spying,theysaid,waslawfulas Although Iwaswellawareofthe The hearings,heldonJuly17-18, MORE: UNCOMMISSION BLASTSU.S. TORTURE, RENDITION,RACIAL PROFILINGAND Human RightsCommissionto t a time whenAmericans are wiretapped withoutwarrant, theU.S. Nsombi Lambright, Laleh IspahaniandLenora Lapidusat the Father Roy Bourgeois, Weber, Gary Kary not” thattheywouldbetortured,” gin waswhetherit“morethan likely ofori- pected terroriststotheircountry notion thatstandardsforreturningsus- at theU.S. report. expressed “ con forfreedom,libertyandhope. o Commission heldthegovernmenttoits issue.Membersofthe tion onevery precision, theyquestionedthedelega- ers answeredback.With thoughtful had furtherquestions. Department ofDefensewebsiteifthey delegates referredtheHRC tothe America becauseitisillegal. racial profilingdoesnotexistin impactand racially discriminatory does nothave,U.S. delegatessaid,a with armedconflict.Thedeathpenalty i are outsidethescopeofICCPR and d Fourth Amendment.Similarly, torture, nstead governedbythelawsdealing wn standardsasaninternationalbea- etention, andmaterialwitnessissues Committee membersbristledatthe Sir NigelRobleyoftheUK, To myamazement,thecommission- Finally, afterhoursofremarks,the astonishment anddismay” why theU.S. hasnotratifiedthe ment wasaproportionalpenalty. asked whetherlifetimedisenfranchise- U voters areexcludedfromvotinginthe address. K asked whatstepstheU.S. wastakingto compared to3percentofwhitesand rience searchesduringtrafficstopsas 10 percentofAfricanAmericansexpe- noted that11 percentofHispanicsand trained inhumanrightsstandards. deployed totheborderswouldbe whether NationalGuardmembers the militarizationatU Argentina, askedforinformationabout address them. and whatstepstheU.S. wastakingto for womenofabstinenceonlyprograms asked aboutthehealthconsequences duct againstLGBTpersons.Healso International regardingpolicemiscon- respond toarecentreportbyAmnesty dered personsandpressedtheU asked aboutviolenceagainsttransgen- excellent workoftheNGO’s. ICCPR. Healsopaidtributetothe that U that theU anddemonstrated self-congratulatory” o d tural racism” andwon- inthecountry there mightbeaproblemwith“struc- about racialprofiling,thathethought thatdespitetheU.S. remarks observed Rape Act. taken toimplementtheEliminationof tioning byaskingwhatstepswerebeing Mauritius continuedthelineofques- prosecutions. RajsoomerLallahof yet omittedtheoutcomeof of rapinginmateshadtakenplace, prosecutions ofprisonguardsaccused the delegationfornotingmany t saying thata49percentchanceof comforting. orture asabenchmarkwasnotvery bserved thattheU.S. reportwas“verybserved ered whethertheU.S. couldrespond. .S., with600,000aloneinFlorida.He Several committeemembersasked W Hipolito SolariYrigoyen, from Michael O’Flaherty Rajsoomer Lallah,fromMauritius, Maurice AhanhanzoofBenin E lizabeth Palm ofSwedenchastised alter K .S. lawwasbetterthanthe .S. delegationseemedtothink alin alsonotedthat4million alin, fromSwitzerland, .S. bordersand , from Ireland, ©2006 DarrinBell /Dist.byWPWG, Inc.Used with permission .S. to to lifewithoutparoleisflagrantlyfalse. a the U.S. claimthatonlyjuvenileswho c without parolehadneverbeforebeen t Wieruszewski, fromPoland, observed juvenile lifewithoutparole.Roman ontheissueof and citedreservations Convention ontheRightsofChild catch. respond becausetheyhada“flightto tion declinedtotakemoretime waiting evenlongerastheU.S. delega- questions andunfortunatelywe’llbe careers toheartheanswersthese he said,an“extraordinary” number. whoarewithouthomeswhichwas, try a very ownBillofRights. very lated ininternationaltreatiesandour bestidealsasarticu- plies withthevery tirelessly toensurethatAmericacom- Switzerland andtoallofyouwhowork tion ofallthosewhotraveledto intelligence, perseverance,anddedica Commission, Ifeelemboldenedbythe ment maynotheedthewordsof NGO delegation.Althoughthegovern- LGBT community. Katrina, andviolenceagainstthe used intheaftermathofHurricane tion of“ immigration, racialprofiling,thedefini- detention andtortureofnoncitizens, National SecurityAdministration, on law-abidingAmericansbythe incarcerated forlife,warrantlessspying laws thatallowjuvenileoffenderstobe the committeeblastedU released itsreport.Inpageafterpage, EXECUTIVE DIRECTOR KARY L.MOSS, ESQ. hat 50percentofthosesentencedtolife onvicted ofanycrimeandtherefore re “hardenedcriminals” aresentenced record of840,000peopleinthiscoun- A T Some ofushadwaitedourentire I was soproudtobeamemberofthe wo weekslaterthecommittee lfredo Hoyos,fromP ” terrorism, ” evacuation plans anama, noted .S. onstate - 3 FALL 2006 CIVIL LIBERTIES IN THE COURTS

The ACLU of Michigan has a long and rich history of protecting and promoting civil liberties in the courts and through advocacy efforts.

Below is a brief summary of recent Student Rights ative editorials about him and issued an select cases in the news that are not dis- executive order forbidding city hall DETROIT PUBLIC SCHOOLS CHANGES cussed elsewhere in this newsletter. employees from reading the paper dur- MASS SEARCH POLICY AS PART OF For a more complete listing please visit ing working hours. Following Judge SETTLEMENT WITH ACLU www.aclumich.org. Roberts’ ruling, the City agreed to set- In 2004 the ACLU sued the Detroit tle the case for $150,000. Hansen v. Public Schools over randomly conduct- Safe and Free Williamson; Cooperating Attorneys: ing police sweeps during which they Gregory T. Gibbs and Jeanmarie HARASSMENT OF ARAB-AMERICANS AT searched all students at a school Miller. THE BORDER in non-emergency situations. At MICHAEL J. STEINBERG Since November 2002, Dr. Elie Mumford High School, after students VICTORY IN POLITICAL CANDIDATE SIGN LEGAL DIRECTOR Ramzi Khoury, a 68-year-old where cleared, they were placed in a CASES American citizen, and his wife, “holding area” for up to two hours In January, a federal judge struck signs into English. The city claimed that Farideh, have been detained and rather than being permitted to go to down a Troy sign ordinance making it the proposal was aimed at helping fire harassed seven times when returning to class. Under the negotiated settlement a crime to either display a political sign crews identify buildings in emergen- this country from vacations abroad. reached this summer, DPS agreed that in one’s own yard more than 30 days cies. But the ACLU explained that the The Khourys and the ACLU of it will no longer search clothing, before an election or more than two City could not constitutionally prevent Michigan joined a national class action backpacks, cars or other items unless political yard signs at a time. resident businesses from communicat- filed in Chicago challenging the they have reasonable suspicion that an Unfortunately, other municipalities ing as they wished and that the build- repeated harassment of individuals individual has contraband and they such as Clawson and Paw Paw have ings’ street address is more than a who have been cleared of terrorist ties. will not prolong searches any longer refused to amend similar unconstitu- sufficient way to locate buildings that Rahman, et al. v. Chertoff, et al.; than necessary. Wells v. City of Detroit; tional ordinances limiting political are on fire. Michigan ACLU Cooperating Cooperating Attorney: Amos speech. Clawson has agreed to suspend Attorney: Noel J. Saleh. Williams. enforcement of its ordinance, but litiga- Sex Discrimination tion may be necessary in Paw Paw. COED CHEERLEADING Racial Justice Fehribach v. City of Troy; Cooperating STRIPPING INMATES OF CIVIL RIGHTS PROTECTION 4 “BIKING WHILE BLACK” CASE SETTLES Attorneys: David Radtke and James In 2000, Michigan took the drastic After a federal appeals court cited a Rodbard. step of amending its civil rights law so “consistent disregard for basic Fourth 6 PROTECTING FREEDOM OF SPEECH IN that prisoners no longer were protected 0 Amendment principles by the FLAG CASE 0 from discrimination based on sex, race,

2 Eastpointe Police,” and ordered the As part of a protest against the Iraq religion or disability. In August, the L case to a jury trial, Eastpointe settled an L War in Marshall, Michigan, Thomas ACLU filed a friend-of-the-court brief A ACLU lawsuit on behalf of African- F Little carried an American flag upside in a sex discrimination case on behalf American teenagers for $160,000. The down. The police responded by of a class of women prisoners who are court held that the alleged pat-down The Michigan High School Athletic arresting him for “mutilating” an victims of sexual abuse and harass- searches, hand-cuffs, seizing of the Association has instituted a rule American flag. The ACLU wrote a let- ment. The brief argues that Michigan bicycles and detention in the back seat beginning this school year that would ter to City of Marshall officials explain- has deprived prisoners of equal of a police car were unreasonable and ban all competitive coed cheerleading. ing that the U.S. Supreme Court has protection by singling them out and unconstitutional. Bennett v. City of The ACLU wrote a letter to the repeatedly held that such expression is depriving them of remedies for discrim- Eastpointe; Cooperating Attorneys: J. MHSAA on behalf of 600 members of speech protected by the First ination under state law. Mason v. Mark Finnegan and Saura Sahu. the newly-formed Coalition for Amendment and the charges were Granholm; Cooperating Attorney: EGREGIOUS PUBLIC STRIP AND CAVITY Competitive Cheerleading and then immediately dropped. Cooperating Bryan Anderson. SEARCHES BY SOUTHWEST DETROIT met with the MHSAA leadership. Attorneys: Gary Peterson and James POLICE OFFICERS The ACLU’s position is that if the Rodbard. Protecting Privacy Rights MHSAA is not going to sponsor coed The ACLU is investigating HONK IF YOU DON’T SUPPORT BUSH’S LOSS IN SUPREME COURT “KNOCK AND cheerleading, it should not deny boys numerous allegations that two white POLICIES ANNOUNCE” CASE and girls the opportunity to compete police officers, over a significant For three years, peace activists have In a 5-4 decision with ominous together in non-MHSAA competi- period of time, were strip searching and protested the Iraq War for one hour a implications, the U.S. Supreme Court tions. Cooperating Attorney: Mark cavity searching numerous African week in Ferndale at the corner of ruled that evidence that the police Finnegan with assistance from Law Americans in the street, who the offi- Woodward and Nine Mile. When the seizes from a house without first knock- Intern Rachel Simmons. cers suspected of possessing drugs. police asked them to stop holding ing and announcing is admissible at Religious Freedom PROTECTING STUDENT RIGHTS AT signs encouraging people to honk for trial – even though the police violated LINCOLN HIGH SCHOOL peace, two people held signs that read the Constitution. Most observers agree PUBLIC SCHOOL INVITES CHURCH TO Tom Vonck, a junior at Lincoln “Police Say Don’t Honk for Peace.” that after the case was first argued the ASSEMBLY High School in Ypsilanti and a member Nonetheless, the police charged both Court voted 6-3 in favor of the On Good Friday, the Shiloh of a group called Students Against with the crime of disturbing the peace. Michigan ACLU’s position. However, Tabernacle Church was invited to War, was threatened with discipline then Justice Alito replaced Justice Muskegon’s Steel Middle School to and censorship after wearing a political O’Connor and Justice Kennedy later perform at a mandatory student assem- t-shirt, political buttons, and distribut- shifted positions. Hudson v. Michigan; bly a series of skits promoting religion. ing political literature critical of the war Cooperating Attorney: Professor Muskegeon Heights High School has in Iraq. The high school was also plan- David Moran. invited the church to perform similar ning to conduct a mass search of every WORK TO ELIMINATE WARRANTLESS skits for their students. The ACLU student’s backpack the last week of BREATHALYZERS CONTINUES has filed freedom of information school to make sure that students did In 2003 the Michigan ACLU suc- act requests with both schools and is not bring shaving cream to school. cessfully sued Bay City on behalf of a considering its response. After two telephone calls and letters 20-year-old rollerblader who, even from the ACLU, the principal agreed The ACLU, with the National Lawyers RELIGIOUS FREEDOM RESTORED FOR though she was not drinking, was to honor the rights of students to Guild, wrote to city officials asking that PRISONERS threatened with a civil infraction under express themselves and be free from the charges be dismissed on free speech After more than five years of litiga- a local ordinance if she did not submit unreasonable searches. grounds and that they stop threatening tion, the ACLU won its challenge to the to a breath test. Now the ACLU has to arrest individuals engaged in pro- Michigan Department of Correction’s challenged a state law that is identical Freedom of Expression tected expression. policy prohibiting members of the to the Bay City ordinance, suing the Melanic Islamic Palace of the Rising VICTORY ON BEHALF OF NEWSPAPER THE RIGHT TO COMMUNICATE IN State of Michigan, Thomas Township, Sun to receive religious literature. In COURIER LANGUAGES OTHER THAN ENGLISH Saginaw County, Central Michigan one of the first cases of its kind in the In June, U.S. District Court Judge The ACLU, joined by the American University, Mt. Pleasant and Isabella country, a federal judge ruled that the Victoria Roberts ruled that Mayor Don Arab Anti-Discrimination Committee County. All parties except the state and prison’s blanket ban on religious liter- Williamson of Flint violated Tom (ADC) and Latin Americans for Social Thomas Township until the judge ature violated the Religious Land Use Hansen’s constitutional rights by hav- and Economic Development makes a final decision in the case. and Institutionalized Persons Act. ing him arrested for delivering the Flint (LASED), wrote a letter to Sterling Platte, et al. v. Thomas Township, et al. Johnson v. Martin; Cooperating Journal to subscribers in City Hall. The Heights urging the city to reject plans Cooperating Attorneys: Marshall Attorneys: Daniel Manville and mayor had previously organized a boy- that would require businesses in Widick, William Street and David Susanna Peters. cott of the Flint Journal because of neg- Sterling Heights to translate all of their Moran. (continued on page 9) o T U and Justice;MichiganPeaceworks; Women ProgressiveActivistsofAnnArbor; InterfaithCouncilforPeaceMichigan; GrandRapidsCommunity MediaCenter; Islamic Relations,MichiganChapter (CAIR);FreethoughtAssociationofWestern American-Arab Anti-DiscriminationCommittee(ADC); CouncilonAmerican to ing atanytimeonourwebsite,www.aclumich.org. and takepartinthequestionanswerperiod.Thewebcast isavailableforview- totunein the AnnArbortownhall,allowingsupportersfromacross thecountry in thelawsuit.TheA sel inA world’s leadingexpertontheNationalSecurityAgency presidential abuseofpower. ings ontheNationalSecurityAgency’swarrantlesswiretappingprogramand the sameplays,theyareaddingnewones.” Nixon playbookinthebasementofWhiteHouse,andnotonlyaretheyrunning and libertiesofAmericans. “During theNixonyearswewrotebookonwhatnottodoprotectrights JOHN W POWER”– TWO TOWN HALLMEETINGSWITH “SPYING, SECRECY ANDPRESIDENTIAL the crowdontheirfeet,asyoungand N W M m songs fromthecivilrightsandlabor a tained hundredsofA O Metro Detroit Branch and our website. b a w we arepleasedtospotlightthegreat the state. colleges anduniversitiesthroughout budding studentchaptersatseveral and Washtenaw County. We alsohave Midland, Lansing,OaklandCounty Kalamazoo, Traverse City, Flint, the MetroDetroitarea,GrandRapids, The volunteerbranchesarelocatedin tives ofthenationalandstateACLU. and supporttheprogramsinitia- n itor localgovernmentalbodies,recruit r education, organizearoundlocalcivil ights andcivillibertiesconcerns,mon- nd supporterswiththeirrenditionsof ranch eventsinyourareapleasevisit ew members,screenlegalcomplaints ork ofafewvolunteerbranches.For akland CountyBranch f niversity ofMichiganLawSchool. ew York ew wonderTrina Hamlinhad ovements ataneventinRoyalOak full listingofbranchcontactsand atroba andCelesteHeadley ay. MichiganmusicaltreasuresMatt AT THEGRASS ROOTS underwrite theseevents.Thanksareduealsotoourcommunityco-sponsors: underwrite T Our deepestappreciationgoestoCooleyLawSchool,who generouslyhelped At T I n liberty andjustice across thestate. he hree fantasticmusiciansenter- he ACLU ofMichigan’s ninevolunteer branches are critical to theprotection every editionofournewsletter,every the AnnArbortownhall,JohnDeanwasjoinedbyJames Bamford,the CLU vNSA,andNazihHassan,Y branches providecommunity . DEAN – John W. Dean,formerlegalcounseltoPresidentRichardNixon CLU ofMichiganworkedwithournationalofficetowebcast C LU It seemsBushandCheneyfoundacopyofanold members psilanti, Michiganresidentandplaintiff o ing thecommunityaboutdangers The branchisalsohardatworkeducat- Live,” aweeklydowntownfestival. information tablesat“FridayNite mer eveningsbysettingupACLU most ofTraverse City’sgorgeoussum- Wexford) M Kalkaska, Leelanau,Manistee, Crawford, Emmet,GrandTraverse, (Antrim, Benzie,Charlevoix, Northwest Branch to theACLU ofMichigan MI 48201. Pleasemakecheckspayable Michigan at60W. HancockDetroit, your $15.00 checktotheACLU of available for$15.00. You maysend p teamed uptopresentthisinspirational B a o and peopleofcolorwillberolledback u ing surethatNorthernMichiganders U V along withtheLeagueofW A action ballotinitiative.Thelocal ld alikelistenedto“MusicThatMade nderstand thatprogressforwomen rogram. DVD’s oftheconcertare f ranch andOaklandCountybranch oters, theAmericanAssociationof CLU hasbeentheleadorganization, niversity Women, andothersinmak- issaukee, Otsego,Roscommon, Difference.” TheMetroDetroit The NorthwestBranchmadethe Proposal 2,theanti-affirmative , Ann Beeson,leadcoun ular townhallmeet- Arbor fortwospectac- Rapids andAnn Law SchoolinGrand Thomas M.Cooley joined theACLU and White Housecounsel, W. Dean,former Administration, John the NationalSecurity stop illegalspyingby the A the oralargumentsin 11TH, ON JUNE10THAND CLU’s lawsuitto just daysbefore o men - National OfficeinNewY experiences ofhisclients,whofearseekinglegalhelp.StevenWatt fromtheACLU ontheArabandMuslimcommunities, effect ofgovernmentsurveillance Mohammed Abdrabboh,aDearbornattorneyandactivist,discussedthechilling Second Chances,atwww.aclumich.org orobtainacopybycalling313-578-6817. United States.You canreadtheACLU ofMichigan’sreport onjuvenilelifers, by internationaltreatiesandallcountrieswiththeexceptionofSomalia sentencingofjuvenilestolife withoutparole,apracticethathasbeenbanned tory international humanrightslawtoshapethediscussionaroundcivilliberties. state ofU Church inJunetohearnationalandlocalhumanrightsattorneyscommentonthe NATIONAL DAY OFACTION ONHUMANRIGHTS opportunity the proposalandurgethemtovoteNOonthisdrasticattempt torollbackequal women andminoritiesatthestatelocallevelsifpassed thisNovember. 2, theballotinitiativethatwouldimmediatelybanaffirmative actionprogramsfor GET ONTHEPHONEFOR CIVILRIGHTS! the BeaconofFreedom,” visitthenationalACLU websiteatwww.aclu.org. a Church, andtheCouncilonAmerican-IslamicRelationsfortheirsupport.To read American-Arab Anti-DiscriminationCommittee,theBirminghamU opportunity arose.ThanksalsototheOaklandCountyBranchofA legal internswhodidn’thesitatetobecomeeventplannersfortheACLU whenthis thanks gotoJessieRossmanandRachelSimmons,twoofourwonderfulsummer pliance withtheInternationalCovenantonCivilandPolitical Rights.Special of humanrightsandtheACLU’sU.S. reporttotheUnitedregarding com- Nations and takentocountrieswheretheyareindefinitelyinterrogatedtortured. tice of“ litigating againsttorturebyU.S. forcesatGuantanamoBay, andthehorrificprac- November! commitment withlong-term results. CallnowandremembertovoteNOon2in If youcareaboutequalopportunity Lansing; MetroDetroit;Oakland County (Mt. Pleasant,Midland,Saginaw, Bay City);Flint;GrandRapids;Kalamazoo, Coordinator [email protected] or313-578-6818. up tovolunteernow!Signbycallingore-mailing AffirmativeAction e Festival inAugust.Thebranchgath- t (Clinton, Eaton,Ingham,Jackson) Lansing Area Branch N Branch urgesallMichiganderstovote v Civil RightsInitiativeisapprovedby i p posed Constitutionalamendment, J holding aneducationalforumin s advantage oftheCityJackson’s to opposeProposal2.Thebranchtook ing atargetedefforttoorganizewomen Pollockmember Mary hasbeenlead- time branchboardandstate the LansingandJacksonareas.Long- force foreducationaboutProposal2in Lansing Branchhasbeenadriving L weekend attheireye-catchingbooth. new membersduringtheFolkFestival warrantless wiretappingandsignedup f er stageduringtheLansingFolk tatement opposingProposal2by ackson onthedangersofpro- red signaturesofthoseopposedto oters inNovember. TheNorthwest ushed byout-of-statemillionaires. copy of the Executive Summary oftheACLU’s reporttotheU.N.,copy oftheExecutiveSummary “Dimming ike ourfriendsintheNorth, O Ann ArborattorneyDeborahLabellefocusedontheharshpracticeofmanda- More than80peoplepackedintothesocialhallatBirminghamU Supporters areneededtostaffphonebankseducateA Join volunteersacrossthestateincontactingA This eventwaspartofanationaldayactiontoraiseawarenessU.S. abuses Twenty tofiftyvolunteersare needed ineachbrancharea:CentralMichigan the deceptively-namedMichigan The LansingAreaBranchtookcen- on 2. extraordinary rendition,”extraordinary bywhichpeoplearekidnapped bythemilitary .S. compliancewithinternationalhumanrightstreatiesandtheuseof . Phone bankingwilltakeplaceinlateOctobermostareas, sosign ork flewintotalkabouthisexperiencesinvestigatingand , call ustovolunteernow ; Traverse andWashtenaw City; County. work oftheACLU. all theydotospreadthewordabout chapters andcommunitybranchesfor equality. Thankyoutoourstudent cussion ofLGBTrightsandmarriage an educationseriesthatincludesadis- campus againthisyearbysponsoring is makingtheirpresenceknownon Cooley LawSchoolchapterinLansing of makingtheirvoicesheard.The about Proposal2andtheimportance term, talkingwithdozensofstudents and KeepOn,Cooley! Welcome Back,Wayne State, t an ACLU informationandvoterregis- back inaction.Thechaptersponsored State University studentchapteris FIELD DIRECTOR MARY BEJIAN ration tableatthebeginningof A fter abriefhiatus,ourWayne CLU membersaboutProposal CLU membersabout . This isashort-term nitarian nitarian CLU, 5 FALL 2006 A WOLF IN SHEEP’S CLOTHING: CALIFORNIA PROPOSAL TO BE STRIPPED, STOPPED AND SENT BACK WEST

n Tuesday, November 7th, Michigan voters will determine whether OMichigan’s commitment to gender and racial equality will continue to progress or roll backward.

The so-called “Michigan Civil Rights In addition to unfoundedly framing tinues to spiral down economically, Initiative,” which will appear on the the MCRI as an initiative that will and ranks among the county’s most ballot as Proposal 2, threatens to cate- exclusively abolish “racial prefer- segregated states, simply cannot sus- gorically eliminate all education, ences,” Ward Connerly and the propo- tain an initiative that will exacerbate employment, contracting, outreach nents of the MCRI misleadingly both. Moreover I think some examples and public health programs that take neglect the many demographic groups of what happened in California are into consideration race, gender, color, that will be negatively impacted. One important to include here. ethnicity or national origin. Both United Michigan, the coalition to Among the programs that may be California and Washington State were defeat the MCRI, has effectively affected are “English-as-a-second lan- unable to unclothe Ward Connerly and brought the Michigan woman’s story guage programs (ESL),” which face his aims in due time, but it did not take to the forefront, acknowledging that potential proscription, which is a signif- KHALED BEYDOUN long for Michigan to reveal the naked women have been the primary benefici- icant concern for the Arab, Asian, and AFFIRMATIVE ACTION COORDINATOR truth about the MCRI. aries of affirmative action and gender- Latina/o communities in Michigan. At this point, it is quite clear that the conscious programs since their Under-representation in the technolog- income, African-American and Latino, MCRI threatens much more than just inception. ical, science, and engineering fields, for were exploited by MCRI circulators. affirmative action in higher education. A common myth deployed by pro- example, has limited not only African This demonstrates just how racially The radical and vaguely worded ponents of the MCRI is that this initia- Americans, but also women of all races charged the MCRI campaign is, thus, California import endangers programs tive is only about “racial preferences” and ethnicities, as well as Native begging the question: If the MCRI spanning government contracts to However, University of Michigan Americans, thus providing shared and its backers contend that Michigan much relied-upon public health institu- Professor Sue Kaufmann has now avenues to fight against the MCRI. is ready for both a gender-blind and tions. Affirmative action in education issued several reports that reveal that Undeniably part and parcel of the color-blind society, then why a cam- would be only one of its many victims. the passage of Proposition 209, the MCRI’s strategy is to set Michigan paign premised on racial exploitation? With November 7th just around the MCRI’s predecessor in California, back even further, and intensify racial Recent polls, the energy on the corner, the campaign has effectively levied a destructive impact on women tension with divisive rhetoric and mis- ground and the success of the cam- revealed the potential programmatic in education, employment, contracting leading campaign strategies. This was paign demonstrate that Michigan resi- and institutional victims, but also the and other areas of life. Her studies illus- revealed immediately, when MCRI dents can skillfully call out a wolf in range of Michigan citizens who will be trate the multi-dimensional effect circulators invaded poor and minority sheep’s clothing and with November 6 severely handicapped with the passing Proposition 209 has had on minorities communities and intentionally 7th just around the corner, it won’t be of the initiative. Michigan voters are and other communities of color in defrauded them by falsely claiming that long before Ward Connerly and his becoming aware of this as illustrated by California; demonstrating how out- “the MCRI will extend civil rights, and

6 California copycat proposal are

0 the most recent poll conducted by Free reach programs benefiting underrepre- protect affirmative action.” After stripped, stopped and sent back West. 0 Press-Local 4, which tallied 48 percent sented demographics, including several hearings across the State, the 2

L of likely voters opposing the MCRI, women, minorities, and men (in fields Michigan Civil Rights Commission L

A and 43 percent supporting it. such as nursing, for instance) have found ample evidence that hundreds F been eliminated. Michigan, which con- of prospective voters, generally low-

ACLU MOBILIZES COMMUNITY THROUGH DON’T LET MICHIGAN EDUCATIONAL WORKSHOP GIVE UP ON GIRLS The ACLU of Michigan and One United Michigan hosted a “WE WON’T HIRE A pursue my technical interests. I’m still not an architect. But leadership workshop that drew WOMAN unless as a web programmer, I build beautiful things (or try to) on representatives from over 20 we’re certain she the Internet. organizations, entitled won’t get mar- ried.” After the Where did I go right, after so much went “Mobilizing our Base Against interviewer told wrong? the Proposed Affirmative me that, maybe I It wasn’t me – the world changed. Discrimination was out- Action Amendment: United should have been lawed, and affirmative action became a moral ethic that Against Ward Connerly,” on flattered that I seeped into our culture beyond the actual legal cases that June 20, 2006. didn’t get hired. were filed. It was no longer considered good business to have I wasn’t apply- a workforce where women and minorities had no access to Attendees of the workshop ing to be a rocket good jobs. learned the 10 most common scientist. I just I did some volunteering, and my first break came when I myths about affirmative action wanted to work in was recruited onto the all-male staff of a school for organiz- interior design – and participated in community ers – partly because they needed to show some diversity. one of the few pro- focused break-out sessions Once co-workers learned not to hand me their typing, things fessions that I, as a that discuss the affects of the worked out fine. NANCY BRIGHAM woman, even MCRI on the African American, At the time, the UAW P.R. Department had one woman BOARD MEMBER ACLU OF MICHIGAN dared apply for in staffer. When she announced her retirement, a mad dash Arab American, Asian METRO DETROIT BRANCH the1960s. began to find a woman. Normally they would have done the American, Native American Actually, I usual fishing through networks of known professionals and and Latino communities. wanted to be an architect. I’d wanted to be an architect as union activists, but those networks were mostly male. So they long as I could remember. As a little girl, I collected note- The event featured national and cast a wider net. This may not have been a court order, but books and notebooks of floor plans and played at designing affirmative action it was. I got a chance to make up for lost local presenters including the homes of my fantasies. I got accepted at Brown time, and they gained from the new perspective I con- ACLU Executive Director Kary University – despite the quota system that allowed only one tributed. Now there are as many women as men in the depart- Moss; Professor Kimberle woman for every three men. I majored in math, so I could ment. Crenshaw, UCLA & Columbia learn the engineering principles behind the buildings I loved. So does this mean we no longer need affirmative action? But what I learned in college was to drop my dreams, not Law Schools; Professor Luke Not if you look at my new profession, computer program- pursue them. In fact, there were no women architects – or Harris, Vassar College & the ming. Women and African-Americans are still scarce – and precious few. I was advised to switch my major. When I grad- African American Policy in the case of women, getting scarcer. Just this week, I got an uated, I learned to type so I could get a low-level office job – email from a woman who was told in a job interview that they Forum, and staff from the ACLU while the guys who graduated with, what we called “gentle- wouldn’t hire any women. She filed a protest with the EEOC. of Michigan and One United men’s C’s,” got career jobs paying three times as much. I What will happen if Michigan passes the misnamed Michigan. worked in a female “pink-collar ghetto” at a publishing house, Michigan Civil Rights Initiative on November 7? It would where those of us who knew the job had to train a man hired To become active in the ACLU of turn back the clock on civil rights and ban all forms of affir- straight out of school to be our boss. mative action. Michigan’s effort to stop Ward I began to question my own abilities, and turned to cook- Although I never realized my dreams to become an archi- Connerly and the anti- ing as my creative outlet. I dated architects. tect, young women today have the tools to break through the affirmative action initiative Fast-forward 35 years: Today, I still love to cook. But I “no girls allowed” barriers. If we outlaw those tools, the please e-mail also do computer programming. I’m now a retired profes- dreams and hopes of another generation of young women are sional from the U.A.W. Public Relations department, and my [email protected]. at risk. And with the challenges Michigan faces in today’s good pension allowed me to finally go back to school to world, we can’t afford to lose them. THE GIFT THAT COUNTS TWICE!

f you are looking for a way to double the impact of your gift to the ACLU of IMichigan, we invite you to take advantage of a unique opportunity that will allow you to generate a cash donation today by including us in your will or estate plan.

It is called the Legacy of Liberty Challenge ends on December 31, • Contact an Estate Planning Challenge and it is an easy way to help 2006...just a mere three months away! Specialist at the National Office us defend against the constant govern- Regardless of the size of your estate, Our gift and estate planning special- ment assault on our privacy and per- or even if you don’t have a will or trust, ists are available to personally guide sonal freedoms, both today and ACLU-MI is here to help you take the you through your estate planning and tomorrow. (See accompanying story Challenge. Here are two simple ways to charitable giving options. They can on Tom Clinton, a long time member get you started: answer all your questions about the who recently accepted the Challenge.) Legacy of Liberty Challenge and pro- • Visit the National Office’s vide you with any information you The Legacy of Liberty Estate Planning website at DESÍRNAÍ HICKS may need to get started on your estate Challenge works like this: www.legacy.aclu.org. DEVELOPMENT DIRECTOR plan. You can reach them toll-free at You write a bequest provision in It features tools to help you explore, 877.867.1025. program. This endowment account is your will or trust. learn, and take action. You can find carefully monitored by experts who You tell us about it. articles such as: Finding the Right How your bequest can help meet quarterly to review its growth. An immediate cash donation (up to Estate Plan for You, Frequently Asked the ACLU of Michigan $10,000) equal to 10 percent of your Questions About Wills, and How to Where we stand now The money we raise from bequests future bequest’s value will be made in Avoid Probate. You can also learn is all earmarked for a special endow- So far, through the Legacy of your name by our Legacy of Liberty more about bequests, beneficiary des- ment we created a number of years Liberty Challenge, the ACLU of Challenge benefactor. ignations, and gift annuities, as well as ago. That endowment now exceeds Michigan has raised over $45,000 in With the Legacy of Liberty try free planning tools like our Gift over $1.3 million. Each year, we allo- matching funds, but with support from Challenge, you are taking action that Annuity Calculator and Estate cate a percentage of income from the our supporters we hope to double, and makes a difference right now and, Organizer. endowment to support our program- if possible, triple this amount! So, more importantly, your legacy gift will matic work. We hope to grow this please don’t hesitate...visit the National provide the support to defend the civil endowment which can become, over office’s estate planning website at 7 liberties of future generations of all the years, an even greater source of www.legacy.aclu.org or contact one of Americans. However, the time to act is consistent and stable support for our our estate planning specialists at now because the Legacy of Liberty 877.867.1025. It’s just that simple! 6 0 0 2 L L A F ATTORNEY AND ARTIST HELPS ACLU ARTISTS MEET LEGACY CHALLENGE CONTRIBUTE TO AFTER THE LOSS OF HIS FATHER AND WITH HIS 50TH BIRTHDAY FAST INAUGURAL LADY APPROACHING, ACLU member LIBERTY PROJECT Thomas Clinton realized that he, like 60 percent of Americans, did not have a will. hen you think of the Statue For a year, the attorney and Wof Liberty, what comes to artist worked on an estate plan to mind? Justice? Freedom? ensure that the organizations he Hypocrisy? Pain? Joy? cared about could count on a steady flow of funds in the future. This is the question that nearly 60 He whittled down a list of more artists from Michigan and beyond are than a dozen organizations that he attempting to answer as they create had contributed to in the past to original works of art for the ACLU of Michigan’s (ACLU-MI) inaugural just three, with the ACLU set to Lady Liberty Project, entitled Lady Liberty: Unmasked, Uncensored, receive approximately $300,000. Unleashed, Undaunted. Artwork from this project will be included in By taking the Legacy of Liberty the silent auction at our Annual Dinner on Saturday, November 18, 2006 Challenge Clinton is now a proud at the Hyatt Regency Dearborn. member of the ACLU DeSilver Society. THOMAS CLINTON Challenges to our civil liberties in the post 9/11 era have moved the “I have sat on the boards of ACLU-MI to invoke the Statue of Liberty as a source of inspiration and a many organizations and I know symbol of undaunted vigilance during our upcoming fall fundraising that one of the challenges is the availability of secured funding sources in the season. In light of this effort, we have invited artists of all mediums to future,” Clinton said. “Leaving large amounts of money through estate planning is the best way to allow organizations to work within strategic long-term plans as offer their own artistic interpretation of Lady Liberty by creating original opposed to spending a significant amount of time worrying about the next light works of art. Participating artists have the option to paint artistic bill.” masks of the Statue of Liberty, that were sculpted and produced by Prop The Grand Rapids resident became a member of the ACLU during the 1988 Art Studios in Detroit, or to create an open-ended interpretation of this presidential election when George Bush criticized Michael Dukakis for being a storied icon in the medium of their choice. “card-carrying member” of the ACLU. Clinton jumped at the chance to become a member. After all, “if he viewed it as such an insult, I wanted to be one too,” he The culturally and artistically diverse collection of cutting-edge said. However, he contends that it wasn’t until the most recent George Bush was paintings, photos, sculptures, and mixed-media pieces were kindly elected that he became actively involved in the ACLU. donated by the artists to support the cause of civil liberties. “One of the huge concerns of the founding fathers was the potential for abuse Participating artists include Samuel Hodge, Patricia Izzo, Hugo of power,” he said. “I view that as the greatest threat to our country and I view the Navarro, and Mike Sivak. ACLU being on the frontlines and protecting our civil liberties from these abuses.” Clinton works part-time as the corporate attorney at Magna Donnelly You will have an exclusive chance to bid on these unique pieces as they Corporation and spends the rest of his time as a print maker. are auctioned at this year’s Annual Dinner. Remember, as you purchase To join Clinton and hundreds of other members who have named the ACLU these items, not only will you add priceless art to your collection, you in their will please visit www.legacy.aclu.org. The Legacy Challenge ends at the end will be benefiting programs that ensure the civil liberties of all of the calendar year. Americans. As the Annual Dinner approaches log onto www.aclumich.org to catch a sneak preview of the Lady Liberty Project. — Paul Jeden, Development Assistant 8 FALL 2006 step backwards. t I that opponentsofgaymarriagehave bought thesameillogicalargument level ofconstitutionalscrutiny the righttomarry. Usingthelowest was constitutionaltodenygaypeople gressive onLGBTissues,ruledthatit Washington, statesthoughttobepro- This yearcourtsinNewYork and partnership benefits. t vote bysecuringastatecourtdecision s marriage, theACLU ofMichigan M else.Although privacy aseveryone t between consentingadultsareentitled held thatevenLGBTrelationships marriage. TheSupremeCourthas union. Massachusettsallowssame-sex domestic partnerlawissimilartoacivil now allowcivilunions;California’s The statesofVermont andConnecticut recognition ofsame-sexrelationships. lessons fromoursetbacks. a However, wemustnotbediscouraged hat willnotallowittoaffectdomestic o uccessfully limitedtheimpactofthat nd rememberourtriumphsandlearn ake forward inourquest to recognize LGBT rights,we are pushedanother ichigan voterspassedabanongay CONTINUE TO BEMADE DESPITE SETBACKS PROGRESS WILL n across thestate regarding theimportance ofhavingthesedocumentsinplace. The tion, presentations willbegiven atLGBT community centers andservice agencies neys whowillprovide theseplanningservices for free oratareduced price. Inaddi- The c documents suchaswills,power ofattorney, anddesignationofpatientadvocates. Campaign t The A T In recentyearswehaveseengreater the sameconstitutionalrightsof here hasbeenabacklash,however. the current political climate, itsometimesseemsthatfor every step we ampaign, incollaboration withtheStonewall BarAssociation, identifiesattor- CLU ofMichigan’s LGBT Project isproud to announce the“Protect Your Families” A o CL enc T our U O age e OF MICHIG “PROTECT ALLFAMILIES” , they veryone intheLGBT community to prepare estate planning gender identitycan’tevengetacom- laws toincludesexualorientationand Michigan civilrightsandhatecrimes domestic partnerbenefits. attempt togetthemstopproviding suing MichiganStateUniversity inan the AmericanFamily Associationis c same-sex couplesisprohibitedbythe a regarding domesticpartnerbenefits, h y ried gaycouplesformorethantwo f have votersdecidingwhethertoban was upheld.AndMassachusettsmay tutional banonsame-sexrelationships partner benefitsandGeorgia’sconsti- marriage, civilunionsanddomestic tutional amendmentbanningsame-sex sion strikingdownNebraska’sconsti- Appeals reversedafederalcourtdeci- same right.InNebraska,theCourtof to marry, youneedtodenycouplesthat t been raisingformorethanadecade— hat toencourageheterosexualcouples uture marriages,despitehavingmar- onstitutional amendment.Inaddition, rguing thatanyformofrecognition ears. as appealedthefavorabledecision While legislationthatwouldamend In Michigan,ourAttorneyGeneral AN BEGINSQUEST c or det F Musk Bay City,Saginawand Kalamazoo, Lansing, Flint, Grand Rapids, Ann Arbor,Metro-Detroit, LGBT communities in across thestate visiting campaign willcriss-cross (313) 578-6812. marry andhavechildren. marry rights encouragesheterosexualsto infringing ontheLGBTcommunity’s marriage otherthanthatsomehow gay peoplethefundamentalrightto with anybetterargumentfordenying nents havenotbeenabletocomeup a No singlestrategyalonecanachieveit p nation ofefforts—litigation,legislation, decades toredressandresolve. a overnight. Infact,therewasabacklash o Education didnotprovideequal equality wasgoingtobeaneasyone. bleak, noonesaidthatthestrugglefor out ofcommittee. treat LGBTpatients,areeasilypassed allow doctorsandhospitalstorefuse with gayparentsandbillsthatwould agencies torefuseplacechildren t mittee hearinginMichigan’slegisla- ure, billsthatwouldallowadoption an helpplease call or more information t ll. Ten yearshavepassedandoppo- olitical organization,andeducation. pportunity forAfrican-Americans all levelsofgovernmentthattook A The decisioninBrownvBoardof Although allofthismaysound civil rightsmovementisacombi- egon amongothers. ails onhow you the war. and afterallourworkwewillhavewon but weareslowlywinningthisbattle tainly havemuchtodoonallfronts, harmed bythisinequality our childrenandhowtheyareall lives, ourrelationships,families, a must remember, wehavethebetter m fits, recognitionandprotectionoflegal t today supporttherightofgaycouples lize thefarrighttovote. relationship recognitionandtomobi- has beenmadeintheareaofLGBT n ments areadesperateattemptbyoppo- ney atitsinceptionin200 the LGBTProject’sstaffattor- K LGBT community. discrimination againstthe his tirelesseffortsincombating Stonewall BarAssociationfor K Annual MeetinginYpsilanti. during theStateBar’s2006 Luncheon onSept.14, 2006 the StateBarInaugural Award Hero inSeptemberat Kaplan receivedtheUnsung of others. commitment forthebenefit standards ofpracticeand exhibiting “the highest State BarofMichiganfor Kaplan washonoredbythe Project StaffAttorney, JayD. announce thatLGBTLegal Union ofMichiganisproudto The AmericanCivilLiberties LGBT PROJECT STAFF ATTORNEY JAY KAPLAN community inMichigan. legal armoftheLGBT Project isrecognizedasthe ACLU ofMichigan’sLGBT H R A H R A o rguments, wehavethestoriesofour ents to try tostoptheprogressthat ents totry arriage. Thatisprogress.Andwe aplan joinedtheACLU as aplan wasnominatedbythe marry andtoreceivethesamebene- marry C C e e o o T These socalledmarriageamend- oday, morethanhalfofAmericans c c n n L L e e o o U U i i r r

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- THE ACLU OF MICHIGAN TO PLUG THE SCHOOL-TO-PRISON PIPELINE

odd” is becoming more depressed with each passing day. He has lots “Tof time to reflect – and then reflect again on the events that led to a 180 day suspension from the Eastpointe, Michigan High School where he was enrolled as a student. In practical terms, a 180 day suspen- called offenses that, in his school by education specialists. They will also sion means that he is ineligible to return district, can be the basis for ever- participate in a special symposium on to school for a full calendar year. accumulating disciplinary points. the topic that will be for the purpose of Because his mother lacks the resources The ACLU of Michigan is challeng- identifying issues and possible strate- to arrange for alternative schooling, he ing Todd’s suspension, but the sad fact gies. has lots of time to remember that his is that there are numerous children of The school to prison problem in problems began when a white student color just like him who are suspended Michigan can be traced in part to the called him and his sister “nigger” as or expelled on a daily basis for no rea- state’s law governing suspensions and many as ten times, and then, along with son, or for very minor offenses. Many expulsions, which is particularly sus- MARK P. FANCHER four white friends, beat the two siblings of them sink into a hopeless state of ceptible to arbitrary application, and in RACIAL JUSTICE PROJECT mercilessly before security guards mind – particularly when there is an some cases abuse. While education is STAFF ATTORNEY intervened. Todd was not only sus- extended period of suspension. They compulsory, neither the U.S., nor the pended for 30 become vulnerable Michigan constitutions provide that for hearings and other procedural safe- days because of to the temptation to there is a fundamental right to educa- guards. For example, a student’s “hear- the incident, he engage in anti-social tion. Consequently, an Attorney ing” might involve only the completion of a written complaint form. was assigned a ...THE SAD FACT IS THAT or criminal con- General’s opinion declared that school significant num- duct, or to other- districts are under no obligation to With disproportionate frequency, ber of discipli- THERE ARE NUMEROUS wise place provide alternative general education children of color are cast into this dis- ciplinary maelstrom. This is often the nary “points.” CHILDREN OF COLOR themselves in situa- programs for students who have been In the after- tions that make suspended or expelled. This all but consequence of clashing cultures. In math, teachers JUST LIKE HIM WHO ARE them prone to guarantees idleness and hopelessness. Todd’s case, at least one teacher described him as “defiant” during an began to pile on SUSPENDED OR police surveillance One factor that has contributed to more points or arrest. Because the skyrocketing number of suspen- episode of alleged insubordination. because of their EXPELLED ON A DAILY this phenomenon is sions and expulsions is the “zero toler- That teacher eventually acknowledged, upon reflection, that Todd had done accusations that BASIS FOR NO REASON, so common, it has ance” legislation that was passed by 9 on various occa- come to be known Michigan’s legislature. Although each nothing during the incident that could OR FOR VERY MINOR be characterized as defiant. That sions Todd was as “the-school-to- state is required by federal law to have 6

teacher likely brought with him a pre- 0 insubordinate. OFFENSES. prison pipeline.” such legislation, Michigan’s law 0 Accumulated The Racial extends its reach well beyond conduct existing impression of Todd. Teachers 2 who lack knowledge or understanding L points led to Justice Project of specified by the federal statute. For L of other cultures may not only act on A Todd’s auto- the ACLU of example, the federal law requires that F matic 180 day Michigan will be schools have zero tolerance for pre-existing stereotypes about young suspension – a sanction typically making the school to prison pipeline a “firearms.” Michigan’s law expanded people of color, but they may also mis- reserved for students who bring top priority in the coming months. the scope to include “weapons” of any interpret a student’s harmless weapons to school or engage in other Plans are underway to invite some of kind and various types of other con- demeanor or gestures and accuse the extreme conduct. Todd doesn’t under- the most distinguished legal theorists duct. child of being disrespectful or threaten- stand. Aside from having been the vic- and practitioners, as well as other For those students facing extended ing. A resulting suspension may well tim of a hate crime, the only things he accomplished professionals to become suspensions or expulsions, the channel that child into a pipeline to has been accused of are: failing to pick members of a special Racial Justice acknowledgment by the courts of the prison. The ACLU of Michigan is out up a piece of paper, refusing to dress Working Group. Members of the need for due process has not been to interrupt that child’s journey. for physical education, and similar so- group will review findings and analyses accompanied by uniform requirements

CIVIL LIBERTIES IN THE COURT (continued from page 4) order to address this injustice, the Michigan legislature amended the reg- ACLU LOOKING FOR A Right to Counsel istry so that Romeo and Juliet offend- ers do not have to register if they were FEW GOOD VOLUNTEERS VICTORY IN CASE GUARANTEEING POOR convicted after October 1, 2004. DEFENDANTS RIGHT TO COUNSEL However, there are still dozens of Do you live within driving distance of Although the Michigan ACLU won Romeo and Juliet youth convicted the ACLU office in Detroit? Have a few a case in the U.S. Supreme Court last before that date who are suffering. year about the right of poor criminal The ACLU recently filed a brief in the hours a month to help out? defendants to an appointed attorney for U.S. Court of Appeals arguing that The ACLU of Michigan needs help their first appeal, certain judges, such as it violated the equal protection and stuffing envelopes and responding to Kent County Circuit Court Judge due process rights of these youths to Dennis Kolenda, have refused to abide treat them differently than those con- legal complaints. Envelope-stuffing by the decision. While the Court of victed after 2004. Doe v. Sturdivant. projects occur two to three times per Appeals initially refused to hear Cooperating attorney: Miriam month, a few hours each time. People the ACLU’s “writ of superintending Aukerman. control,” it agreed to hear the individ- with legible handwriting (we hand- address many of the envelopes), ual case of an ACLU client and ordered Voting Rights the judge to appoint appellate counsel. patience, and a wish to help the ACLU People v. James. Cooperating PHOTO ID LAW UNCONSTITUTIONAL increase its membership ranks are Attorneys: Terrence Flanagan, David The Michigan Supreme Court has encouraged to volunteer. Legal intake Moran, Mark Granzotto and James agreed to hear a case about whether a volunteers respond to written and Czarnecki. new law requiring voters to show photo Neila Johnson and Volunteer Brandon Hynes. ID is constitutional. The law is set to go phoned complaints and must have a Due Process into effect in 2007. The ACLU joined basic understanding of constitutional law, possess patience, good the Detroit NAACP and numerous communication skills and a sense of humor. Legal intake volunteers ROMEO AND JULIET SEX OFFENDERS other civil rights groups in a friend-of- SHOULD NOT BE INCLUDED ON REGISTRY are needed on a weekly basis; it is acceptable to volunteer less often the-court brief urging the court to strike than this. In Michigan, like most states, teen down the new photo ID requirement. lovers who engage in forms of consen- There is no evidence of significant voter Volunteer projects take place Monday through Friday only between the sual sex can be convicted as sex offend- fraud in the state and the requirement ers if one or both of the teens are not yet hours of 9am and 5pm. To indicate your interest, please contact Neila would impose an unconstitutional hur- Johnson at [email protected] or 313-578-6822. 16 years old. However, in Michigan, dle for the approximately half million unlike most states, convicted “Romeo Michiganders, many of whom are peo- —Neila T. Johnson and Juliet” teens are also placed on the ple of color, without photo ID. In Re Assistant to the Executive Director internet-based sex offender registry for Request for Advisory Opinion Regarding 25 years – thus destroying job, housing Constitutionality of 2005 PA 71. and educational opportunities. In 10 FALL 2006 ABORTION ULTRA-SOUND REQUIREMENTFOR Reproductive Choice state-sanctioned discrimination. the legislationbecauseitwouldresultin hearing, weurgedlegislatorstoreject gay andlesbianfamilies.AttheHouse bills istoallowdiscriminationagainst believes theunderlyingintentof convictions orpolicies.TheACLU-MI the agency’swrittenreligiousormoral refuse toperformadutythatviolates ing fundstochildwelfareagencieswho state andlocalgovernmentsfromdeny- 5909) –Thispackagewouldprohibit FOSTER CARE REFUSAL CLAUSESFOR ADOPTIONAND Gay andLesbianRights into law both chambersandwilllikelybesigned objections, theappropriationbillpassed lation offreespeech.Despiteourstrong The A recipient foundinviolationoftherules. restricts futuregrantpaymentstoa desecration. play ofasexact,ordepictionflag human wasteonreligioussymbols,adis ect oractivitythatincludesadisplayof the grantwillnotbeusedtofundaproj- the proposedgrantrecipientagreesthat MCACA shallnotawardagrantunless constrained byrulesstatingthat“The Arts andCulturalAffairs(MCA tered bytheMichiganCouncilfor violate freespeech.Grantsadminis- tively codifiesgrant-makingrulesthat 1089) –Thisappropriationsbilleffec- CENSORSHIP INFUNDINGTHEARTS lenged inMichigan. this point,thelawhasnotbeenchal- form webelieveisunconstitutional.At tions. Intheend,billspassedina the unconstitutionalbufferzonerestric- s Although wesecuredsomeconces- because itviolatesfreespeech. ACLU-MI opposedthelegislation for disorderlyconductatfunerals.The 2006, thislegislationprovidedpenalties 2 FUNERAL PROTESTS Free Speech w erties, pleasevisitourwebsiteat t ACLU ofMichigan’slobbyingactivi- efforts. For ofthe afullsummary lows isasamplingofourlobbying fewer willbesignedintolaw. Whatfol- will seeactivitybefore legislation but,inreality, onlyafraction docket includesjustover230piecesof ACLU The ofMichigan’sactive and legalabortion. W constitutionally protectedrighttosafe to womenattemptingexercise their that itwouldcreatesignificant barriers ously opposedthebillon grounds Obstetricians andGynecologists, vigor- Section oftheAmericanCollege of Jewish Women andtheMichigan Michigan, theNationalCouncilof Planned Parenthood Advocatesof Michigan, theMichiganNOW, partnership withMARALPro-Choice prior totheabortion.ACLU-MI, in and receiveastillimageofthefetus opportunity toviewtheactiveimage receive anultrasound,withaclear that awomanseekinganabortion of 2005)–Thisbilloriginallymandated and theSenate contributed 1355. December 2006.Duringthesession theMichiganHouseintroduced 2299bills T ies onthosebillsaffectingcorecivillib- ions, thelegislaturerefusedtoremove 006) –Arguablytheissuedejourfor ww.aclumich.org. THE LEGISLATIVE YEAR-ENDREVIEW he Michiganlegislative session started January1,2005andwillendin CLU-MI opposedthebillasavio- . (House Bill4446,nowPA 77 ” Thisappropriationbill (House Bills5908and (PA 148 -152 of sine die e succeededin and still C A) are (SB - Michigan’s laws mandatingthatchil- duce legislation thatwouldabolish House andSenatemembers tointro session. TheA our mostimportantadvocacy issuethis dren tolifewithoutparoleis perhaps laws thatallowthesentencing ofchil- Senate Bills941-944) –Changingthe PAROLE JUVENILE LIFEWITHOUTPOSSIBILITY OF Rights ofChildren requirements andresults. grams aresubjecttospecific tion torequirethatsinglegenderpro- We willadvocateforseparatelegisla- into lawsansaccountabilitymeasures. vilified. TheGovernorsignedthebill hot potatoandanyoneagainstitwas gender educationbecameapolitical summer break.Inthemeantime,single apart onthelastdayofsessionbefore initial agreementonanamendmentfell practices.Our free ofdiscriminatory regular scrutinytoinsurethattheyare gle genderprogramwouldbesubjectto sought toamendthebillsothatanysin- ACLU Women’s RightsProject,we Amendment. tion guaranteesoftheFourteenth segregation, violatestheequalprotec- tutions ofhighereducation,likerace segregation inpublicschoolsandinsti because oflong-standingpolicythatsex The A rooms andprogramsbasedonsex. segregation ofpublicschools,class- Code toremoveaclearprohibition lation amendedtheMichiganSchool 1296, nowPA 303of2006)–Thelegis- SCHOOLS ANDCLAS SINGLE GENDERPUBLICEDUC Educ a fullvote. Senate buthavenotbeentakenupfor law. Thebillsreceivedahearinginthe employment practiceunderMichigan employee insuranceplanisanunlawful tion fromanother exclusion ofprescriptioncontracep Rights Act,findingthatanemployer’s pretation oftheElliott-LarsenCivil Rights Commissionaskingforaninter- organizations totheMichiganCivil A f coverage forbirthcontrol.Theimpetus scription coveragefromexcluding p prohibit companiesthatofferacom- 432 and433)–Thislegislationwould CONTRACEPTIVE EQUITY from theGovernor D will seeactionintheSenatebefore woman. ThebillspassedtheHouseand financial supportfromapregnant one tothreatendivorceorcessationof abortion andmakeitillegalforsome- n coercion. Thelegislationwouldcrimi- whether thepatientmightbeavictimof consent law, doctorsmustdetermine tion. Under thismisuseoftheinformed screening” onpatientsseekinganabor- f r seen inMichigan,thebillswould “creative” anti-choiceschemewe’ve Bills 5879–5883)Perhaps themost (Senate Bills1177 –1181 andHouse COERCIVE ABORTIONPREVENTIONACT mandated ultrasoundrequirement. getting thebillamendedtoremove orm a “coercionintimidation and or thehearingwasarequestby equire medicalpractitionerstoper- alize coercingawomanintohavingan rehensive healthcareplanwithpre CLU-MI and28statenational ecember With thehelpofNational ation CLU-MI opposedthebill (House Bills5812-5815 and . Ifpassed,weexpectaveto CLU-MI workedwith wise comprehensive . SROOMS (Senate Bills (Senate Bill - - - - ATION j recommendations foraresponseto of rehabilitationorreleaseandincludes to lifeinMichiganprisonswithnohope growing numberofjuvenilessentenced Second Chances,callsattentiontothe n tenced tolifeinprisonwithabsolutely dren convictedofcertaincrimesbesen- LIFESTYLE DISCRIMINA Privacy MICHIGAN SEXOFFENDERREGISTRY Due Process IMMIGRANTS WILLFULL DRIVER’S LICENSES Immigration privacy. Michigan thatwouldprotectemployee Institute tointroducelegislationin worked withtheNationalWorkrights refused tosubmitatobaccotest,we were firedfromtheirjobswhenthey Michigan caseaboutfourwomenwho Following thehighlypublicized ees outsideoftheworkenvironment. ing theprivacyofapplicantsoremploy- would prohibitemployersfrominvad- “employee protectionprivacyact”that 38 It alreadyisacrime toharbororconceal whom anarrest warranthasbeenissued. absconders, escapees,and those for who harbororconcealparole violators, individuals. Thebillsareaimed atthose willfully concealingorharboring certain 242 of2006)–providesforpenalties for these billsthisfall. immigration, wecanexpectactionon May. With thenationalattentionon House ofRepresentativesattheend ing thelegislation.HB6085passed sive immigrants’rightscoalitionoppos- tion statusrevealedtoemployers. immigrants nottohavetheirimmigra- andjeopardizingtherightsof services, vote, hamperingaccesstobenefitsand interfering withaU the legislationaremany is aU box” indicatingwhethertheindividual driver’s licenseincludea“ tion wouldrequirethattheMichigan the Federal REAL IDAct,thislegisla- driver’s licenserestrictionsthatarein 4769 and4869)–Inaddition toadding f leading toanever-growinglistofex-post behaviors haveincreasedimmensely Public concernsoversexualcrimesand deplorable practice. to advocateandeducateaboutthis cational, justiceandfaithcommunities sive coalitionfromthelegal,social,edu- the registr light thedetrimentalconsequencesof workers andlistedindividuals,high testimony fromjudges,attorneys,social public hearingswewereabletopresent M lature toappointacommitteereview Chance (CSC),weconvincedthelegis roots groupCitizensforaSecond public policy. Incoalitionwiththegrass- creating publicmisperceptionsandpoor virtually uncheckedsinceitsinception, Sex OffenderRegistr main focusofmostthebillsison bills appearinginourlegislature.The ACLU-MI’s positiononanynumberof committee toassistindeterminingthe State Boardconvenedaspecialpolicy uvenile crime.We havebuiltanexten- acto punishments.TheACLU-MI o possibilityofparole.Ourreport, ichigan’s sexoffenderlaws.Atthree 1) –TheA The ALCU-MIispartofanexpan- .S. citizen.Theargumentsagainst y. y. Y HARBORINGILLEGAL (Senate Bill1 CLU-MI supportedthe .S. citizen’srightto (House Bills6085, y , whichhasgone 146, now PA , including (Senate Bill TION citizenship – - - LEGISLATIVE DIRECTOR SHELLI WEISBERG INTELLIGENT DESIGN committee. munities. Thebilldidnotpassoutof faith, civilrightsandeducationcom mony fromvariousmembersofthe presented aunifiedvoicewithtesti violations. Duringthehearings,we opposed basedonFirstAmendment owned buildings,whichtheACLU-MI Commandments ingovernment- of governmenttoposttheTen The legislationencouragedlocalunits COMMANDMENTS PUBLIC DISPLAY OFTHETEN Religious Freedom M entities. s m f imum termofimprisonmenttotrigger an escapeeandthisbillincreasesthemax- opposition fromtheA lum ofpublicschools.Therewasstrong intelligent designinthesciencecurricu- – Thisbillwouldincludetheteachingof attack. remain watchfulforanothersneak uation requirementslegislation,butwe language wasremovedfromthegrad email networksspreadtheword.The tion. Theplotwasfoiled,however, as requirements forhighschoolgradua- 5606, whichprescribedcurriculum thesamelanguageinHB tried tobury in committee.However, thelegislature liberties faction.Thebillwasdefeated impatientcivil munity andavery entific community, theeducationcom- M s requirements forrecipientsofseveral l 5 i because itwaspresumedtobeaimedat faith communityopposedthislegislation FBI. AlongwiththeACLU, manyinthe fingerprint databasemaintainedbythe gerprints wouldgointothenational been votedonintheSenate. were passedbytheHouse,buthavenot Thebills ident oftheUnited States.” U requires thattheindividualbe“a Resident. Thestatutecurrently U.S. citizenorLawfulPermanent tion, therecipientwouldhavetobea higher education. llegal immigrantswhoareoftengiven egislation wouldchangeeligibility ingerprint andrecordretentionrequire- helter throughsocialjusticeandreligious cholarships providedthroughvarious 0-30 Thistenpackagepieceof 301-5310) – nited Statescitizenorpermanentres- ents sothatacopyoftheperson’sfin- ICHIGAN CITIZENSFIRST ichigan programsforaccessto (House Bill4433)– Under thislegisla- (House Bill5251) CLU-MI, thesci (House Bills - - - - teering withorcontributingtoacandidatewhowillfightprotecttheserights. of America,andourmembersarethebestambassadorsthesevalues. process, equalopportunity, andtherightsofallpeople.Ourvaluesare BillofRights.Americansbelieveincivilliberties,due doms guaranteedbythe heritage. be activeleadersinthefighttoprotectfreedomandourstate’srichconstitutional form thenewlegislaturewilltake.Itisvitalthatwehaveelectedofficialswho Guide. THE ACLU OFMICHIGAN 2006GENERALELECTION VOTERS’ GUIDE Mark S.Meadows 69th District Alma Wheeler Smith 54th Dis Rebekah Warren 53rd District Lee Gonzales 49th District F 42nd District Paul Condino 35th District Brenda J.Clack 34th District Tim Melton 29th District Andy Meisner 27th District St 12th Dis Gabe Leland 10th District Geor 8th District Vir 7th District Bert Johnson 5th Dis Bettie CookSc 3r STATE HOUSE Gretchen Whitmer 23r Liz Brater 18th District Gilda Z.Jac 14th Dis I 3rd District Martha G.Sc 2nd District H 1st District ST ACLU ofMichigan rma Clark-Col r ansen Clarke e d Dis ank Ac Let yourcandidatesknowhowyoufeelaboutcivillibertiesandconsidervolun- We believethatAmericansshareacommonbeliefintheimportanceoffree- T T 10. ATE SENATE gil Smith ve Tobocman d District 9. 8. 7. 6. 5. 4. 3 2 1 he 16,000 membersoftheACLU ofMichigancanmakeamajorimpactinthe eAL fMcia spodt offerour2006GeneralElectionVoters’ ACLU he ofMichiganisproudto ge CushingberryJr. . . . of communicationstoandfromAmericanswithoutprobablecause? Do yousupporttheNationalSecurityAgency’swarrantlesswiretappingprograminwhichfederalgovernmentisconductingsecretelectronicsurveillance Do yousupportamendingtheMichiganConstitutiontoeliminateaffirmativeactionprograms? trated databasesofpersonalinformation? Do yousupportlegislationthatrestrictsgovernmentagenciesfromsharingcitizen-identifyinginformationwithprivatesectorcompaniestocreatelarge,concen- Do yousupportamendingMichigan’sCivilRightslawstoincludesexualorientationandgenderidentity/expression? Do yousupportallowingMichiganresidentstohaveaccessgovernmentdocumentsintheirnativelanguage? Do yousupporttherightofpublicemployerstooffersame-sexdomesticpartnershipbenefits? or moralobjections? D D D Do yousupportreformsthatabolishlifesentenceswithoutthepossibilityofparoleforchildrenwhocommittedcrimeswhentheywereunderage17? trict trict o you support allowing medical facilities, such as hospitals, pharmacies and insurance companies, to refuse services ormedicationbasedonreligious,ethical o yousupportallowingmedicalfacilities,suchashospitals,pharmaciesandinsurancecompanies,torefuseservices o yousupportawoman’srighttochoosehaveanabortionwithminimalgovernmentalrestriction? o yousupporttheteachingof“intelligentdesign” inpublicschoolscienceclasses? trict trict trict c avitti obs ott ott eman 1Q 3Q 5Q 7Q 9Q10 Q9 Q8 Q7 Q6 Q5 Q4 Q3 Q2 Q10 Q1 Q9 Q8 Q7 Q6 Q5 Q4 Q3 Q2 Q1 YNNYY YNNYYYYYNN YNNYYYYYNN YNNYYYYYNN YNNYYYYYNN YNNYYYYYNN YNNYYYYYNN YNNYY YNN YNNYYYYYNN YNNYYYYYNN YNNYYYYYNN YNNYYY Y Y YNNYYYYYNN YNNYYYYYNN YNNYYYYYNN YNNYYYYYNN Y Y Y NR NR NR NR N Y NYYYYYNN NYYYYY NYYYYYNN N N YYYYYNN Y YYYYNN Y Michigan canandwillhaveanimpactonthiselection. A ACLU positionandNRmeans“no response”. indicatesagreementwith asked toindicatesupportoropposition.BOLDTYPE or townshipclerk. be outoftownonElectionDay, youmayrequestanabsenteeballotfromyourcity and bringafriendwithyoutothepolls.Ifare60yearsofageorolderwill Michigan. Belowaretheanswersofcandidateswhoresponded. s anon-partisanorganizationwithengaged,activemembers,theACLU of A The questionnairesenttocandidatesconsistedoftenquestions;were usinarswr aldt L candidatesrunningforelectedofficein Questionnaires weremailedtoALL bove all,don’tforgettovoteonNovember7, 2006between7AMand8PM, N N Y NN YYNN YYNN Y Y NN NN N N Democrat Democrat Democrat Democrat Democr Democrat Democrat Democrat Democr Democr Democrat Democr Democr Democrat Democr PARTY Democrat Democrat Democr D Democr D P ARTY emocr emocrat at at at at at at at at at 11 FALL 2006 SEE AND BE SEEN WITH A ANNUAL DINNER PREMIUM TABLE

INDIVIDUAL TICKETS HEATS UP NOVEMBER $150 per person HONORARY HOST Jazz-up your autumn by joining us at the ACLU of Michigan’s Annual Dinner $750 for you and a guest at the Hyatt Regency Dearborn on Saturday, November 18, 2006. This Listed as honorary host on year’s theme, Lady Liberty: Unmasked, Uncensored, Unleashed, invitation and in program book Undaunted, calls upon us all to celebrate those who steadfastly defend Invitation to VIP reception our civil liberties in an era of increasing government scrutiny into our with honorees daily lives. Highlights of this year’s dinner include an expanded silent BILL OF RIGHTS DEFENDER: auction; an address by Caroline Fredrickson, the Director of the $3,000 for premium seats for ACLU’s Legislative Office in Washington, D.C.; and a performance you and 7 guests by a steaming-hot New Orleans jazz band. Previous package plus: The evening will begin with a silent auction, which will include Full page ad in program book unique items such as packages devoted to Bob Dylan (including an Valet parking passes autographed guitar), Janis Joplin (including exclusive photos), and CONSTITUTIONAL SCHOLAR Eleanor Roosevelt. The auction will also showcase original artwork $5,000 for premium seats for you and depicting the Statue of Liberty (please see the article on page 7 for 7 guests further details). Previous package plus: Our main program will feature a short speech by Fredrickson, who oversees all Program book ad federal lobbying efforts. Fredrickson will discuss the challenges and opportunities for the ACLU in in prime location today’s political climate and gives an insider’s view into beltway politics. (inside front, center, inside back or back cover) Our honorees this year include the Dykema Law Firm, who will be recognized for its outstanding work on numerous Complete DVD set of ACLU cases; and the Steering Committee of One United Michigan, a coalition of diverse organizations and leaders from “The ACLU Freedom Files” across the state who have organized to defeat ballot Proposal 2, or the so-called Michigan Civil Rights Initiative. Win or Rosa Parks Keepsake lose, this award is in recognition of their hard work and tremendous contributions. Complimentary hotel room As the dinner winds down, the evening will heat up. Following the program, a New Orleans jazz band, featuring New Orleans tenor and clarinetist Charlie Gabriel, will bring the sounds of the French Quarter north as you have the For more information about premium table sponsorship, please contact opportunity to dance the night away. Paul Jeden at (313) 578-6801. For We invite you to join us as we celebrate the honorees’ accomplishments and another year of dedicated service to information about program book civil rights and liberties in America. advertising, please contact Neila — Paul Jeden, Development Assistant Johnson at (313) 578-6820.

DYKEMA ONE UNITED MICHIGAN LAW FIRM STEERING COMMITTEE

Bryan J. Anderson Tina Abbott, Secretary/Treasurer, Julie Matuzak, Political Coordinator, B. Kingsley Buhl Michigan State AFL-CIO AFT Michigan Margaret A. Costello Ismael Ahmed, Director, ACCESS. Pat McCarty, UAW Clay A. Guise Wendell Anthony, President, NAACP- Linda Parker, Director, Michigan Elliott S. Hall Detroit Department of Civil Rights Sarah E. Heineman Maxine Berman, Office of Governor Dan Piepszowski, New Detroit J. Michael Honeycutt* Granholm Doug Rothwell, Detroit Renaissance Richard J. Landau Richard Blouse, Detroit Regional Al Short, Michigan Education Joanne R. Lax Chamber Association Debra M. McCulloch Ellen Buchman, Leadership Larry Smith, United Auto Workers K.J. Miller Conference, Ex Officio Shirley Stancato, President, New Roger K. Timm Debbie Dingell, General Motors Detroit Heidi A. Naasko Janna K. Garrison, President, Detroit Trisha Stein, Campaign Director, Ex Bradley L. Smith Federation of Teachers Officio Katrina H. Staub David Hecker, President, AFT Kim Trent William M. Thacker Michigan Sebastian Wade, Detroit Chamber of Mark E. Warmbier Paul Hillegonds, DTE Energy Commerce Arlene E. Weber Llenda Jackson-Leslie, National David Waymire, Communications Women’s Political Caucus Director, Ex Officio *No longer with Dykema, but provided pro bono services Monica Kostielney, President, Heaster Wheeler, NAACP-Detroit to the ACLU of Michigan. Michigan Catholic Conference Yvonne M. White, President, Michigan Maryann Lee, Executive Director, State Conference of NAACP Michigan State Conference of NAACP Cynthia Wilbanks Paul Long, Vice President, Public Policy, Michigan Catholic Conference Anne Masterson, Detroit Renaissance

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CIVIL LIBERTIES NEWSLETTER 60 W. Hancock Detroit, MI 48201-1342 n Vote No o posal 2 Pro etails) e 6 for d (see pag