Blog of Rights

Critical Transgender Concerns Awaiting Action at the Social Security Administration

By Ian S. Thompson, ACLU Washington Legislative Office at 2:48pm

Late last week, the ACLU joined a letter to the Social Security Administration (SSA) drafted by our coalition partners at the National Center for Transgender Equality. The letter expresses a shared concern over a lack of action from SSA on several policy matters of critical importance to transgender people and their families. 

The three areas addressed in the letter include the need for an updated policy for changing gender information in SSA records; revising guidance regarding marriages involving a transgender spouse to accurately reflect state and federal law; and phasing out the use of gender data in SSA computer matching programs.

My Name Is Ceara Sturgis, and I Am Not a Troublemaker

By Ceara Sturgis at 11:55am

Public schools should never make a student feel like an outcast just for being who they are.

BREAKING: White House Endorses Respect for Marriage Act

By Ian S. Thompson, ACLU Washington Legislative Office at 4:40pm

On the eve of a landmark hearing in the Senate Judiciary Committee on the discriminatory so-called Defense of Marriage Act (DOMA), the White House on Tuesday afternoon formally endorsed the Respect for Marriage Act, which would repeal DOMA in its entirety. White House Press Secretary Jay Carney said the president “is proud to support the act, which would take the Defense of Marriage Act off the books for once and for all."

Why Fred Phelps's Free Speech Rights Should Matter to Us All

By Chris Hampton, ACLU LGBT Project at 3:22pm

The first time I saw those signs, with their vivid neon colors and crude images of stick figures, was 16 years ago. "Fags Die, God Laughs." "No Tears for Queers." "God Hates Fags." Like most people seeing a Westboro Baptist Church picket for the first time, I was shocked, then outraged. It happened at the funeral of a friend who had died of AIDS. Seeing those signs left me in tears.

Newest School RFID Scheme is Reminder of Technology’s Surveillance Potential

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:42pm

It’s funny how unpredictable the course of technology is. A few weeks ago it was reported that a Texas school district plans to implant RFID chips in student IDs, and use them to track the whereabouts of students. RFID chips, of course, are what make all kinds of contactless technologies work, from toll booth speed passes to contactless transit passes and entry keys. We have seen attemtps to use RFID’s in schools before and have opposed such efforts, not only because we don’t want to see this kind of intrusive surveillance infrastructure gain inroads into our culture, and because we should not be teaching our children to accept such an intrusive surveillance technology, but also because RFIDs are a generally insecure technology not appropriate for use with children.

"Protecting" LGBT Youth by Putting Them in Harm’s Way

By Chris Hampton, ACLU LGBT Project at 4:19pm

Tennessee State Senator Stacey Campfield is well known for such antics as claiming AIDS resulted from “one guy screwing a monkey” and trying to weasel his way into the state’s Black Legislative Caucus.  But perhaps Campfield’s greatest source of notoriety is the “Don’t Say Gay” bill, a nasty proposed law he’s introduced and reintroduced every chance he’s gotten during his nine years in the legislature.  In its earlier incarnations, the bill would have banned any discussion of sexuality except for heterosexuality in public schools up through the eighth grade.  This week, Campfield has brought “Don’t Say Gay” back yet again, with a misleading new name (the “Classroom Protection Act”) and a particularly disturbing new addition: The bill now seeks to require school nurses and guidance professionals to notify the parents of any student they work with who identifies as gay or questioning.

"Defend" Marriage by Respecting Marriages

By Ian S. Thompson, ACLU Washington Legislative Office at 5:31pm

This morning, the majority on the House Judiciary Committee’s Constitution Subcommittee convened a hearing entitled “Defending Marriage.” The hearing was little more than an opportunity for Defense of Marriage Act (DOMA) supporters in Congress, and anti-LGBT activists, to vent their frustration with the Obama administration for (correctly) concluding that a critical section of DOMA is unconstitutional, and would no longer be defended by the Department of Justice in court. Ironically enough, someone must have forgotten to pass along the message, because almost no pro-DOMA committee members showed up. If the hearing was intended to demonstrate the support of the House of Representatives for DOMA, it was a complete and total flop (the Waterworld of congressional hearings if you will).

Victory! Equal Pay for Lesbian and Gay Veterans

By James Esseks, Director, ACLU Lesbian Gay Bisexual Transgender & AIDS Project at 9:47am

At long last (and after two years of ACLU litigation), many lesbian and gay former members of the military will be getting what they deserve: full severance pay regardless of their sexual orientation.

If you serve six years in the military and are then discharged involuntarily, Congress says you're entitled to separation pay to help ease your transition to civilian life. But the military had a policy – not required by any law – of cutting that separation pay in half if you're discharged, even honorably, for "homosexuality."

Let's Be Clear: Transgender Discrimination IS Sex Discrimination

By Ian S. Thompson, ACLU Washington Legislative Office at 12:10pm

Recently, the ACLU and numerous allied coalition partners wrote to the U.S. Department of Health and Human Services (HHS) to request that HHS issue guidance to make clear that the Patient Protection and Affordable Care Act’s prohibition on sex discrimination applies to discrimination based on gender identity and sex stereotypes.  The fact that someone is transgender or does not conform to stereotypical notions of masculinity and femininity should never be a barrier to accessing health care services.

The Shameful Index of Prison Rape - Action on PREA Can End the Violence

By Amy Fettig, ACLU National Prison Project & Jennifer Wedekind, National Prison Project at 4:29pm

Today the Department of Justice released the long-awaited Prison Rape Elimination Act (PREA) regulations, representing the first time that the federal government has issued national standards to help end sexual abuse in correctional facilities. The regulations are two years late and a lot of harm has been done in their absence, but now that they’ve finally been released they can help us protect important constitutional and human rights and ensure safe and fair correctional facilities that assist prisoners in rehabilitation rather than needlessly brutalizing them. The ACLU supports the Department’s efforts to protect and prevent sexual abuse in places of detention, although we regret that immigration facilities are not yet included in these standards.