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Nov 13th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Joel Engardio, ACLU at 1:38pm

9/11 Families Ask for True Justice

A new ACLU video features family members of 9/11 victims calling for federal trials of terrorism suspects.

Please note that by playing this clip You Tube and Google will place a long-term cookie on your computer. Please see You Tube's privacy statement on their website and Google's privacy statement on theirs to learn more. To view the ACLU's privacy statement, click here.

The families were interviewed before the Obama administration announced today that certain Guantanamo detainees will be transferred to the U.S. for trial in federal court. The administration also said other detainees will be tried in the illegitimate military commissions.

“It is of utmost importance to me that those who were responsible for the attacks of 9/11 face a court,” says Adele Welty in the video. Her son was a New York firefighter killed at the World Trade Center.

“It’s very important to me that we get the right people,” says John Leinung, whose stepson was killed while working in the Twin Towers. “That the right people are punished or held to account for what happened on 9/11.”

Pat Perry, whose son was a police offer killed on 9/11, says she would rather see the Guantánamo detainees who have been held without charge “appear in open court where we can all sift out what we feel is really the truth and the judges can make a decision based on our Constitution.”

These 9/11 family members all say they agree that holding detainees without charge in Guantánamo is a betrayal of American values and they look forward to true justice being served in federal court.  

“My son gave his life to save those trapped in the Twin Towers,” Welty says, “and it does not honor him that we violate our Constitution in retaliation for what happened on September 11.”

Tags: Close Gitmo

Nov 9th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Joel Engardio, ACLU at 5:57pm

Supreme Court Briefing 2009–10 Term

ACLU lawyers met with the press who cover the Supreme Court in Washington D.C. recently to provide an overview of important cases during the 2009-10 term of the high court.

Watch ACLU Legal Director Steven R. Shapiro discuss United States v. Stevens, a case with broad First Amendment concerns.

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Peter Eliasberg, managing attorney with the ACLU of Southern California, discusses Salazar v. Buono, a case in which the government is challenging a lower court ruling that a congressional statute transferring a small parcel of land under a cross in the Mojave Desert National Preserve to a private owner failed to resolve a violation of the Establishment Clause.

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Nov 3rd, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Joel Engardio, ACLU at 10:31am

Justice Denied: Voices from Guantánamo

Most Americans have only seen Guantánamo detainees as one-dimensional caricatures. But a new ACLU video features original footage in which the men talk about their lives — before, after and during their detention by the U.S.

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The five men featured in the video were all held at Guantánamo for years, without charge and without any meaningful opportunity to challenge their detention. In the video, the men explain how they are attempting to put their lives back together since their release.

"I experienced sadness in a state that I have never had, cruelty in a depth that I'd never seen in my life," Omar Deghayes tells the camera. He had graduated from law school in England and was studying the legal system in Afghanistan when he was captured and sent to Guantánamo for nearly six years. “"You will not leave a similar person anymore. You will leave as broken, physically broken, psychologically broken."

Ruhal Ahmed and Shafiq Rasul grew up together in England. They went to Pakistan for a friend's wedding and took a short trip to neighboring Afghanistan where they were captured. It would be two and a half years before they would return home.

“Guantánamo Bay was hell for us,” Shafiq says. But Ruhal explains that their friendship helped them survive the brutal experience: “Anything that happened to me I could relate to somebody that was very close to me. Being friends from a young age — who else would you want in that kind of situation?”

Back home in England, Shafiq and Ruhal say the American leaders who allowed the injustices of Guantánamo should be held accountable. But they do not hold a grudge against the American people.

“The drinks we drink, Coca Cola — it's American. We still drink it,” Ruhal says. “We still go to the movies. So we don't hate Americans as American people.”

Omar says he feels the same way, but he wants Americans to know exactly what happened at Guantánamo: "I want the people themselves, the people in America, the good people — which I met many of — to realize what ugly things were done to others in their names."

The ACLU is committed to combating any system of detention that violates fundamental principles of American justice, and is committed to seeking accountability for the torture and abuse of detainees committed in America’s name.  The new video, "Justice Denied: Voices from Guantánamo," puts a human face on the failed detention and interrogation policies of the Bush administration’s “War on Terror.”

We hope you’ll see for yourself.

Tags: Close Gitmo

Aug 14th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Joel Engardio, ACLU at 11:39am

Good News for Gay Christians

(Originally published in On Faith at washingtonpost.com.)

There's an online group of 13,000 gays who profess their belief in Christ. The Gay Christian Network is a bit of a miracle, given how hostile some religions are to gays.

While fundamental ministers decry the "homosexual agenda" and gay activists deplore "ex-gay treatment," the members of GCN must live the tug-of-war over their sexual identity and faith. That's why gay Christians will benefit from a recent report by the American Psychological Association that says efforts to change someone's sexual orientation don't work.

This isn't news to the many GCN members who are survivors of the programs that failed to turn them straight. But it might be comforting to a number of teens in the online network who fear being sent to a "reparative therapy" camp by their parents. A new generation of gay Christians could be spared pointless misery now that the word's largest association of psychologists has definitively declared ex-gay therapy is quackery.

With that cleared up, why then are there 13,000 gays at GCN - some traumatized by the ex-gay movement and others afraid of being subjected to it - who still want to be gay Christians? Because they believe God has room for gays who want to worship him. The conversations at GCN, online and at in-person conventions, don't ignore the scriptures that admonish same-sex attractions. Leviticus and Corinthians are discussed and debated. Weight is given to the fact Jesus himself never spoke directly about gays. The dogma matters to them because these gays care what the Bible says. They just want to be able to practice their faith without denying who they are.

How gay Christians navigate this divide varies. Many at GCN embrace healthy, loving and monogamous same-sex relationships as the ideal. Others wonder whether celibacy is the best course for a gay Christian. And a few wish they weren't gay. That's where the American Psychological Association's report is especially helpful. Beyond demonstrating how reparative therapy is ineffective, counter-productive and harmful, the APA offers some added solace for the person of deep faith wrestling with their sexual identity. The APA makes it clear that an ethical therapist should inform gay clients that being gay is not a mental illness, gay relationships can be fulfilling and there is no treatment that will make a gay person straight.

For those who want to stay in a religion that doesn't allow sexually active gays, the APA instructs therapists to "explore possible life paths that address the reality of their sexual orientation, reduce the stigma associated with homosexuality, respect the client's religious beliefs, and consider possibilities for a religiously and spiritually meaningful and rewarding life." In other words, rather than an all-or-nothing approach, therapists can work with clients to live within the rules of their faith through celibacy, find new interpretations of their existing faith or explore other faiths that accept gays more fully.

The APA's focus on the ethical treatment of gays with strong faith is noteworthy because it provides options for Christians struggling with their sexuality. It tells them they are not sick or broken and that they do not have to abandon God because they are gay. Perhaps most important, the APA guidelines make it harder for the deeply religious parents of gay kids to find a licensed therapist willing to provide harmful reparative therapy.

For the Gay Christian Network, that's 13,000 answered prayers.

To read more about the report and to download a copy, click here. For more about the Gay Christian Network, check them out online: www.gaychristian.net

Jun 16th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Joel Engardio, ACLU at 5:45pm

Blocking Faith, Freezing Charity

The Sunday collection plate is as American as religion itself. Americans are religious and generous when it comes to charitable giving. They often go together. There’s Catholic Charities and Mormons famously tithe a percentage of their income. Muslims are also big givers. One of the “five pillars” of Islam is zakat, which is a form of tithing. It is the religious duty of Muslims to help others by giving to charity. But Muslims in the U.S. are having a difficult time freely practicing this vital part of their faith. This short video, “Blocking Faith, Freezing Charity” explains why:

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Anti-terrorism laws that purport to keep funds from being illegally funneled to terrorist groups actually target wholly innocent Muslim donors. While these policies are important to keep Americans safe, they are broadly applied and innocent people are prosecuted with little evidence. The result is that legitimate Muslim charities, like a women’s shelter in New York City featured in the video, are hurt because people are scared to donate. U.S. Muslims fear a knock on the door from the FBI when they write a check to a legal American charity registered with the IRS. While the charities themselves suffer, individual Muslims give up a fundamental religious tenet because of the fear. The result is a blow to all Americans who value religious freedom and the importance of charitable giving.

Jun 4th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Joel Engardio, ACLU at 10:15am

USA Today: Beyond 'Gay Marriage'

Today's USA Today includes a personal essay by the ACLU's Joel Engardio. Marriage equality is in the courts, the legislature, and the media more than ever before, but "Beyond 'gay marriage'" reminds us:

At its heart, though, it’s often just about two people trying to get the world — indeed, even their families — to recognize and understand their love.

Read the essay here.

Jun 2nd, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Joel Engardio, ACLU at 9:10pm

Jimmy Carter on Accountability for Torture

Former President Jimmy Carter recently stated that he respects but disagrees with President Obama's decision to block the release of photographs that depict U.S. use of torture and other harsh interrogation methods under the Bush administration. The ACLU is with President Carter when he talks about the hope to be "much more open about the revelations of what we've done in the past." And when it comes to who knew about and authorized torture policies like waterboarding, Carter calls for a "complete examination" of what happened along with "the identification of any perpetrators of crimes against our own laws."

We couldn't agree more.

Watch President Carter's remarks here, followed by a reaction from Anthony Romero, executive director of the ACLU.

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Support the ACLU’s call for accountability today: Sign a petition to Attorney General Eric Holder asking him to appoint an independent prosecutor to investigate torture.

Tags: national security project

May 26th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Joel Engardio, ACLU at 4:24pm

Prop. 8 Ruling a Blow to All Minorities

(Originally posted on the Washington Posts’s On Faith blog.)

Religious supporters of Proposition 8, the voter initiative that banned same-sex marriages in California, might feel good now that the state's Supreme Court has ruled that the measure can stand. But will those religious groups that are celebrating Prop. 8 today regret it later when they consider the precedent that's been set?

Prop. 8 has made it a lot easier in California for a simple majority of voters to strip away the rights of an unpopular minority. What happens when it's your time to be the unpopular minority?

History is unkind and too often repeats itself. Members of the Mormon Church, who were major supporters of Prop. 8, have ancestors who experienced some of the worst religious discrimination ever faced in the United States. In the mid-19th century they were driven by mobs from Illinois to Missouri and across the Wild West to Utah. It was wrong then to persecute Mormons for what they believed, just as it would be wrong now to try to force Mormons to accept members or marriages in their church they deem unworthy. There is freedom of religion in America for good reason. But that and other freedoms have been watered down in California, thanks to Prop. 8. The court now has less power to fulfill the purpose for which it was created: keep the tyranny of the majority from trampling the rights of the minority. Anyone can be a minority if enough people don't like the way you live, worship or think.

My mother is one of Jehovah's Witnesses, an unpopular religion that was persecuted in the U.S. and abroad. They faced mob violence in 40 states when refusing to salute the flag during World War II. In Germany, they were put in the concentration camps for refusing to give the Nazi salute. Like Mormons, Jehovah's Witnesses vehemently oppose same-sex marriage on moral and Biblical grounds. Gays are not allowed to be Witnesses unless they live celibate and single lives. Members who insist on being in a same-sex relationship are shunned by the congregation. But none of the million Jehovah's Witnesses in the U.S. supported Prop. 8 because the religion mandates staying out of politics and culture wars.

Jehovah's Witnesses proselytize door-to-door advocating a religious point of view just as Mormons do. But the choice to accept or not ends at the front door for the Witnesses. They don't amend the constitution to force everyone to live their way. State laws are not needed to legitimize their moral views. Witnesses don't see the state as an enforcer of a moral code. That's the Bible's job, they say. If you want to be in God's Kingdom, simply live the code yourself — it's not the Witnesses' mission to enact laws to stop gays from marrying.

When Jehovah's Witnesses were persecuted they fought for their First Amendment rights at the U.S. Supreme Court a record 62 times, winning 50 cases. With each win, rights were expanded for everyone. The Witnesses know it's in their best interest that the rights apply to all, even for groups they disagree with. Now in California the opposite is happening.

Some religious organizations are celebrating a restriction of rights for a minority they disagree with — making themselves the future target of an equally discriminatory people's amendment. Because Prop. 8 diminished the court's protective role, there will be nothing they can do other than realize they should have been more careful about what they wished for.

May 15th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Joel Engardio, ACLU at 4:42pm

Our Gay Christian Neighbors

(Originally posted on the Washington Posts's On Faith blog.)

Near San Francisco's gay center, past the hill where Castro becomes Divisadero Street, a portable sidewalk sign points to City Church. That's where evangelical Christians gather every Sunday for worship in a converted theater. They are true believers: Jesus saves, Satan is real, sex is for the married and marriage is for the straight.

I didn't think a market for such beliefs existed in San Francisco, but hundreds of people and a full balcony proved me wrong. There were back-to-back services the day I attended. The congregants looked no different than the employees I saw on a visit to Google's Bay Area campus. These evangelicals wore Skechers, watched hulu, twittered and composted. They were high-tech professionals in their 20s and 30s who were mostly pro-life and partook of the body of Christ each Sunday. Many even voted Democrat because, abortion aside, it was the party they said that focused most on what mattered to Jesus — the poor, sick and environment. Same-sex marriage wasn't a factor because Barack Obama was against it.

I visited City Church because I wanted to see who in San Francisco might have voted for Proposition 8, which banned gay and lesbian couples from marrying in California. Nearly a quarter of San Francisco voters favored the ban, and that surprised me. Sure, the Bay Area overwhelmingly supported gays marrying, but in Silicon Valley — home to Google, YouTube, iPhone and a number of churches like City Church — 44 percent of voters didn't.

Alabama has the highest percentage of evangelicals, but by sheer size California has the greatest number: Two million, according to the Christian research firm Barna Group. The votes over marriage in California last year totaled 13 million and gays lost by 52 to 48 percent. That means any fraction of evangelicals changing their mind in the next, close election could make a difference.

I wondered if anyone had ever talked to evangelical voters about what it's like to be gay and why having the legal protections of marriage is important for all families. Engaging people who take the Bible very seriously might sound futile but I learned members of GCN — the Gay Christian Network — are already helping evangelicals think twice about what Jesus would do when it comes to the freedom to marry. Anyone who cares about winning marriage equality needs to support what GCN is trying to do, even if your approach is solely from a secular civil rights point of view.

As a gay man, I'm downright heathenish next to the GCN member I'm friends with. I have wondered why he is so devoted to a belief system that I think oppresses gays. But I also realize it's important to acknowledge that fervent believers in Christ exist in the gay community. There's no reason to be uncomfortable with that fact. Gay evangelicals are in a position to affect social change in a way gay rights lawyers and activists can't. I know angry gays who left their parents' religion in disgust and want nothing to do with God. I know joyfully spiritual gays who join theology-lite churches made just for them. I know secular gays whose religion is body image and product consumption. But who has the credibility and access to talk to America's 20 million evangelicals about what it's like to be gay?

The gay Christians of GCN are uniquely qualified because they are otherwise religious traditionalists. They rarely attend the liberal and gay-positive places of worship like Unitarian Universalism or the Metropolitan Community Churches that gay rights groups typically align with. Those denominations are too dogma-free for the GCN crowd, which enjoys the teachings of conventional doctrine. So they often stay with the church they grew up in or join younger, hipper versions like City Church that hew closely to the Bible. There are more than 12,000 GCN members — mostly in their teens, 20s and 30s — with an active online community. They celebrate the evangelical creed and leave the admonitions against gay sex in Leviticus, Romans and Corinthians as something to wrestle with.

A handful of states allow gays to marry but 30 have constitutional bans. This tough reality underscores the need to have conversations to change minds. Those bans won't go away until the public repeals them. When people know and understand someone who is gay they are less likely to discriminate. The GCN-produced video "Through My Eyes" takes this concept deep into evangelical territory. Billed as a video made by Christians for Christians, it features the stories of gay youth who don't reject everything their parents and pastor stand for. They come out and affirm their faith. The video won't change church doctrine or any inconvenient Bible passages, but it will create small, sympathetic pockets of congregants who will see these gay youth as real people and otherwise good Christians. Young GCN members are using the video to come out to their evangelical parents and some of those parents are quietly giving copies of the video to their church friends. The seeds of change.

Indeed, an evangelical pastor in San Jose preached the following: Jesus deemed homosexuality wrong, but consider your own sins first — encouraging people to ban gay marriage is not how Jesus would love gay people. Imagine if California's two million evangelicals heard this message the next time the right to marry is put to a vote. The call to be more Christ-like in addressing poverty, health care and the environment inspired City Church members to vote Democrat, after all. I acknowledge that evangelicals have a First Amendment right to believe being gay is sinful. But I wonder if Jesus' command to love thy neighbor might keep them from hurting gay people at the ballot box. The way I see it, gay and lesbian families face real harm when they are denied the legal protections of marriage and Jesus never hurt anyone.

Churches will always have the right to believe as they see fit, but someday a church that doesn't accept gays will have a hard time recruiting members — just as once-popular groups of decades past lost market share because of intolerant beliefs. They were never outlawed, they just became irrelevant. That kind of social change is slow. In the meantime, gay Christians on the inside are having the necessary conversations in places like City Church.

"There is a lot of confusion in the gay world about what it means to be Christian and there is a lot of confusion in the Church about what it means to be gay," one young man says in the GCN video. "There is so much confusion that no one has stopped and said, 'Why don't we ask them?'"

May 13th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Joel Engardio, ACLU at 08:26am

Liberate the Breast Cancer Genes

The ACLU has taken on a patent case for the first time in its nearly 90-year history. The government's been allowing private companies to patent human genes. The ACLU thinks that violates the First Amendment and patent law. This is heady, complicated stuff. But when a patent creates a monopoly that restricts the free flow of information, a lot is at stake, and when we're talking about something like genes associated with breast and ovarian cancer, real women are hurt. This video about the case features some of those women's stories.

Please note that by playing this clip You Tube and Google will place a long-term cookie on your computer. Please see You Tube's privacy statement on their website and Google's privacy statement on theirs to learn more. To view the ACLU's privacy statement, click here.

"How can it be that a company controls genes? How is that possible?" Barbara Brenner asks in the video. She's the director of Breast Cancer Action and one of the plaintiffs in the lawsuit.

We hope this short video will inform and inspire. It provides a simple explanation and overview of the issues in our case against the U.S. Patent and Trademark Office, which granted Myriad Genetics patents on the BRCA1 and BRCA2 genes, the genes associated with breast and ovarian cancer. The video also features the women directly affected by the patents. They represent any number of mothers and daughters you may know facing the same obstacles as three of the plaintiffs in our case, Genae Girard, Lisbeth Cerianai, and Runi Limary.

The results from Myriad's genetic test are a strong factor in women's decision to have children. Breast cancer survivor Genae Girard, 39, took Myriad's genetic test to determine if she's at risk for ovarian cancer. Her test results showed that she's at a high risk for the cancer, and should have her ovaries removed. Because only Myriad holds the patents on the genes associated with breast and ovarian cancer, no one else can offer this genetic test without its permission. Therefore Girard can't get a second test, or a second opinion, on whether to have her ovaries removed.

Lisbeth Ceriani, a single mom, simply can't afford the more than $3,000 test. Getting the test paid for by insurance can be difficult.

"I'd like to see my 8-year-old daughter go to college," Ceriani says. "But if I have the mutation, there's a huge chance I'll end up with ovarian cancer in the immediate future. I need to have that test so I can get my ovaries out if I need to before anything happens. I don't like those odds." Myriad's monopoly on the genes, and therefore the genetic test, prevents other companies from offering this potentially life-saving test at a lesser cost to patients.

Dr. Wendy Chung, Director of Clinical Genetics at Columbia University and another plaintiff in the case, says she too often sees women like Girard and Runi Limary who can't seek second opinions and are given little data to understand what their tests results mean because of the patents.

Limary had breast cancer at 28 and took Myriad's test to find out if it was likely to return and if ovarian cancer is a concern. The result was puzzling: Limary was told she had a genetic variant of "uncertain significance." It turns out other Asian-American women like Limary had also received these results. But because patent-holder Myriad has not determined the variant's significance, and other companies are excluded from offering the test, these women are left to guess whether their variants warrant removal of their ovaries along with their ability to have children.

Tania Simoncelli, ACLU science advisor, says a lot is at stake if companies like Myriad are allowed to own genes and have a monopoly on everything associated with those genes.

"They own not only the gene, they own any future tests, any future drug, any future therapy, so we're putting our trust in one single company," says Simoncelli. "There are places where the patent system has gone too far. Too much patent protection can in fact trample our civil liberties."

Please share this video far and wide and let others know why it is important that we stop the government from allowing companies like Myriad to own our genes.

 

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