Blog of Rights

ACLU of Kentucky Celebrates Victory in Vicco

By Amber G. Duke, Communications Manager, ACLU of Kentucky at 10:19am

A small town in eastern Kentucky is making some big news. Vicco, Kentucky adopted a fairness ordinance, meaning one that prohibits discrimination in employment, housing, and public accommodations based upon a person’s actual or perceived sexual orientation or gender identity. Why is this a big deal?  Vicco is now the FIRST town in Kentucky’s Appalachians to pass Fairness protections. Vicco is the FIRST Kentucky city in 10 years to approve an LGBT Fairness law. Vicco is also the FIRST rural Kentucky community to pass LGBT Fairness protections.

A School Voucher by Any Other Name

By Heather L. Weaver, ACLU Program on Freedom of Religion and Belief at 11:25am

Thirty million. That’s the amount of tax dollars that could be diverted annually from New Hampshire’s coffers to private schools by the year 2022 if the state is allowed to implement its new Education Tax Credit Program. Under the tax credit program, in exchange for donations to “scholarship organizations,” New Hampshire businesses will receive tax credits equal to 85 percent of the amount they donate. The scholarship organizations, in turn, will use the funds to award scholarships to private school students, including those attending religious schools. In short, rather than paying their taxes to the state, businesses will instead be able to direct money owed to the state toward religious education.

The First Contraceptive Rule Case to Reach an Appeals Court on the Merits

By Brigitte Amiri, ACLU Reproductive Freedom Project at 4:31pm

Yesterday the ACLU filed a friend-of-the-court brief in the first challenge to the federal contraceptive rule to reach an appeals court on the merits.  The federal contraceptive rule requires health plans to cover contraception without a co-pay, and despite the plethora of lawsuits, the rule is clearly constitutional.     

The Sweeping License to Discriminate Hidden in the NDAA

By Dena Sher, ACLU Washington Legislative Office & Ian S. Thompson, ACLU Washington Legislative Office at 1:58pm

With Congress having recently approved this year’s NDAA, we think it is important to draw attention to a provision (Section 533(a)(1)), which, though hidden away, is unprecedented, sweeping, and could invite dangerous claims of a right to discriminate against not just lesbian, gay, and bisexual service members, but also women, religious minorities, and in the provision of health care.

It Doesn’t Matter How Many Lawsuits Are Filed, the Contraception Rule Is Constitutional

By Brigitte Amiri, ACLU Reproductive Freedom Project at 4:20pm

Sheer repetition of an incorrect argument does not make that argument correct.  This holds true for the lawsuits challenging the federal contraception rule, which ensures that millions of women will have access to contraception without a co-pay.  Those who are trying to eliminate the rule in the courts have now filed almost 45 lawsuits.  They can file 100 lawsuits, but it won’t change the legal analysis.  As we’ve said before, the contraception rule is constitutional.  For the last five decades, courts have held that rules designed to eradicate discrimination – like the contraception rule – cannot be trumped by a business owner’s religious beliefs.

Businesses Do Not Have a License to Discriminate

By Joshua Block, LGBT Project at 4:24pm

Yesterday, the ACLU and the ACLU of New Mexico filed an amicus brief in Elane Photography, LLC v. Willock, an important antidiscrimination case pending before the New Mexico Supreme Court. Elane Photography is a wedding photography studio that advertises its services to the general public but refuses to take pictures for wedding or commitment ceremonies involving same-sex couples. New Mexico is one of 21 states (plus the District of Columbia) that prohibit businesses who hold themselves out to the general public from discriminating against customers based on their sexual orientation. But Elane Photography argues that the law cannot be applied to its services because – unlike the services provided by a restaurant or retail store – photography is a form of expression and forcing Elane Photography to provide services on an equal basis would therefore unconstitutionally “compel speech.”

First Circuit Court Should Defend Victims Of Human Trafficking

By Carol Rose, Executive Director, ACLU of Massachusetts at 4:30pm

Today's utterance by Chief Judge Sandra Lynch, of the First Circuit Court of Appeals, gives me hope that the court will do justice for the victims of human trafficking who will be impacted by how the First Circuit rules in a case argued before it this morning.

“It was all in their hands, and they just let her go.” -- Remembering Savita Halappanavar

By Eunice Hyon Min Rho, ACLU at 5:36pm

On October 21, Savita Halappanavar, a 31-year-old dentist who was 17 weeks pregnant, sought treatment...

More Challenges to the Contraception Rule, More Misguided Arguments

By Brigitte Amiri, ACLU Reproductive Freedom Project at 9:45am

There are now close to 40 challenges to the federal birth control rule, which ensures that employees have insurance coverage for contraception.  Why so many lawsuits, you ask?  The answer is not entirely clear, but one thing is certain: each case repeats the same misguided argument that an employer’s religious beliefs can be used as a license to discriminate against its female employees.  As we have explained in greater detail their legal claims are unsupported by a long history of cases.  We’ve filed friend-of-the-court briefs in several contraception suits discussing those cases, all of which rejected other attempts to use religious beliefs as a basis for discrimination.  In the last week alone, we’ve filed three briefs: one in a case in Michigan with the ACLU of Michigan, and two others with the ACLU of Illinois.

Another Challenge to the Federal Contraception Rule, Another Friend-of-the-Court Brief

By Brigitte Amiri, ACLU Reproductive Freedom Project & Sarah Lipton-Lubet, ACLU Washington Legislative Office at 2:26pm

There are now over 35 lawsuits challenging a federal rule that requires employers to provide insurance coverage for contraception without a co-pay.