Which federal court ruled this week that the federal Defense of Marriage Act (DOMA) is unconstitutional?
True or false: Kansas public schools invited creationism advocates to teach students the "truth about dinosaurs," also known as "God's Gospel Lizards."
The corrections department of which state responded to an ACLU lawsuit challenging the inhumane conditions in a state prison run by for-profit contractors?
In order to defend the massive NSA surveillance program, the government revealed that criminal defendants had no opportunity to challenge the constitutionality of which law?
How many of the women's health clinics that provide abortions would have remained open in the Texas had the anti-abortion bill (the one Texas State Senator Wendy Davis filibustered for an impressive 13 hours) passed?
DOMA Unconstitutional! And Prop 8 Goes Down, Too!
The United States Supreme Court ruled this Wednesday that section 3 of DOMA violates the Constitution. This decision, in the ACLU's lawsuit on behalf of Edie Windsor, marks a watershed moment in the movement for LGBT equality. It's a monumental victory for Edie Windsor, for married same-sex couples, and for the bedrock American value of equality.
Creationism Follies: The 2012-2013 Edition
This past April, when an image of a fourth-grade science quiz on dinosaurs went viral, many people did not believe it was real. The incredible quiz asked students to affirm that the earth is not billions of years old, that dinosaurs and people lived at the same time, and that fossils were caused by a global flood. The quiz ended by asking, "Next time someone says that the earth is billions or millions of years old, what can you say?" The correct answer: "Were you there?" In fact,the quiz was authentic and had been administered by a private Christian school in South Carolina.
While the quiz is plainly contradicted by universally accepted scientific research, religious schools are well within their First Amendment rights to indoctrinate students in this manner. But a look back at the recently concluded school year provides a stark reminder that it's not only private schools promoting religious beliefs and bad science to students: Creationism abounds in public schools as well.
The First Step to Fix a Broken Prison? Set the Record Straight
On Thursday, Mississippi Department of Corrections issued its first written response to our lawsuit challenging intolerable conditions at the East Mississippi Correctional Facility in the form of a press release. Although the press release states that "it is the agency's policy to let the facts play out in court," it proceeds to lay out facts – "facts" that require correction.
Government Engages In Shell Game to Avoid Review of Warrantless Wiretapping
Less than a year ago, the government convinced the Supreme Court to dismiss the ACLU's constitutional challengeto the FISA Amendments Act (FAA)—the controversial warrantless wiretapping statute that is the legal basis for the PRISM program—because our clients couldn't prove that they had been monitored under it. The government repeatedly assured the court that criminal defendants who were prosecuted based on evidence obtained under the FAA would be informed of such and would then be able to challenge the statute. Based in part on this assurance, the Supreme Court in February of this year dismissed the case, Clapper v. Amnesty, in a 5–4 vote.
But now that the case is closed, we are learning that the government's assurances that it would notify criminal defendants of its reliance on surveillance under the FAA were not what they seemed.
What Happens in Texas Doesn't Stay in Texas
On Tuesday, the Texas State Senate was poised to give final approval to a sweeping anti-abortion bill that would have blocked most of Texas from access to safe and legal abortion care. Even though they knew this bill was unwanted, some politicians continued to push for a vote to quietly sneak the bill under the midnight deadline. The bill could have resulted in the closure of all but five women's health clinics that provide abortions in the state. After hours of legislative dramatics led by a 13-hour filibuster by State Sen. Wendy Davis, the bill was defeated in the very early hours of the morning. Hundreds of protesters filled the capitol to watch the filibuster and debate, and 170,000 viewers watched the session online.
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News & CommentaryDec 2024
Civil Liberties
National Security
Where Defense Secretary Nominee Pete Hegseth Stands on Civil LibertiesWhere Defense Secretary Nominee Pete Hegseth Stands on Civil Liberties
The ACLU has more than 100 years’ experience holding power accountable. As President-elect Donald Trump rolls out his cabinet picks, we analyze how his nominee for secretary of defense will impact civil liberties. -
News & CommentaryDec 2024
Civil Liberties
We Need to Know More About State Supreme Court CasesWe Need to Know More About State Supreme Court Cases
State Supreme Courts interpret laws that impact some of the most intimate parts of our lives. Communities have a right to know what’s on the docket. -
Press ReleaseDec 2024
Civil Liberties
New ACLU Report Reveals Most State Supreme Courts Fail to Meet Key Transparency MeasuresNew ACLU Report Reveals Most State Supreme Courts Fail to Meet Key Transparency Measures
NEW YORK — Nearly half of all state supreme courts across the country fail to regularly post new cases they are considering, with only six meeting four key transparency measures already implemented by the U.S. Supreme Court, according to a new report published today by the American Civil Liberties Union. The report identifies significant steps that state supreme courts should take to inform the public about their cases, which have only grown in importance as the federal judiciary has become more hostile to protecting core rights and advocates have turned to state protections and state court litigation in response. Based on an analysis of the practices and policies of the highest courts in each state, including D.C., the report “Scorecard for State Supreme Court Transparency: How Does Your State Stack Up?” ranks each state supreme court in five tiers based on compliance with four key transparency measures. These measures include posting new cases online in a timely manner, providing timely information about legal issues presented by cases, making dockets accessible and free for the public, and making merits briefing accessible and free for the public. “State courts regularly hear — and are the final word on — cases affecting abortion rights, voting rights, criminal justice reform, and more. Yet, in many instances, the highest state courts do not provide meaningful public access to information about cases affecting the rights and liberties of millions of people. We urge state supreme courts to bring more transparency to the critical work they do,” said Julie Murray, co-director of the ACLU’s State Supreme Court Initiative. “In the face of a federal judiciary increasingly unwilling to protect core rights and an incoming administration that threatens to exacerbate that problem, state courts are an important defense for our liberty. They should be leaders in transparency, too,” said Bridget Lavender, Skadden Fellow with the Initiative. The report emphasizes that state courts “play an outsized role” in many parts of the law, but their ability to “guard our liberties depends in significant part on whether those courts adopt transparent processes.” It further highlights that state supreme courts have led the way on enormously consequential decisions in recent years. In particular, some state supreme courts have recognized the right of same sex couples to marry, and did so long before federal courts. They have also declared the death penalty unconstitutional under state law despite contrary federal law, protected access to reproductive health care as a right even as that right was being stripped away at the federal level, and provided more robust protection to people subject to unreasonable searches and seizures. The report urges state supreme courts to take action to improve their transparency practices, taking notes from the courts that have already implemented these measures. It notes that regularly posting new cases and the issues they represent, and providing timely access to dockets and merits briefing allows the public, the press, and the legal community to track cases as they unfold, identify cases with statewide consequences, and understand what’s at stake. -
Press ReleaseNov 2024
National Security
+2 Issues
ACLU Urges House to Kill Bill that Could Give Trump Admin Power to Crush Dissent and Go After Political EnemiesACLU Urges House to Kill Bill that Could Give Trump Admin Power to Crush Dissent and Go After Political Enemies
WASHINGTON — The American Civil Liberties Union strongly urges the House of Representatives to vote NO on H.R. 9495, the Stop Terror-Financing and Tax Penalties on American Hostages Act, which would grant Donald Trump and his handpicked secretary of the Treasury power to investigate and effectively shut down any tax-exempt organization — including news outlets, universities, and civil society groups — by stripping them of tax-exempt status based on an unilateral accusation of wrongdoing. “Passing this bill would hand the incoming Trump administration a dangerous new tool it could use to stifle free speech, target political opponents, and punish disfavored groups,” said Kia Hamadanchy, senior policy counsel at ACLU. “The freedom to dissent without fear of government retribution is a vital part of any well-functioning democracy, which is why Congress must block H.R. 9495 before it’s too late.” While there is a 90-day “cure” period in which a designated nonprofit can mount a defense, it is a mere illusion of due process. The government may deny organizations its reasons and evidence against them, leaving the nonprofit unable to rebut allegations. This means that a nonprofit could be left entirely in the dark about what conduct the government believes qualifies as "support," making it virtually impossible to clear its name. Last month, the ACLU and a diverse array of over 130 other tax-exempt organizations — including human rights, reproductive health, and immigrants’ rights groups — wrote to Congress urging them to vote no. The letter also explains that the groups do not oppose the provisions in H.R. 9495 that relate to preventing the IRS from imposing fines and penalties on hostages while they are held abroad. Indeed, these provisions have already passed the Senate on their own, and if the House of Representatives were to pass a version of this bill that did not include the text of H.R. 6408, it could be sent immediately to President Biden for his signature.