Blog of Rights

Blood Donation Ban for Gay and Bisexual Men Under Review by HHS

By Ian S. Thompson, ACLU Washington Legislative Office at 6:54am

Late last week, the U.S. Department of Health and Human Services (HHS) provided an important status update about ongoing research studies examining the lifetime ban on blood donations from men who have ever had sex with other men since 1977.

Gay and bisexual men, intravenous drug users, people who have had sex for money and people who have tested positive for HIV disease are currently the only groups of people banned from donating blood. Gay and bisexual men are excluded regardless of their individual sexual histories or HIV risk. Despite the lifetime ban on blood donations from gay and bisexual men, other individuals who are also at increased risk for HIV disease, including people who have heterosexual sex with someone who they know to be living with HIV or people who have had sex with a commercial sex worker, are prevented from donating blood for only one year.

A Marriage Moment (and Another One to Come)

By James Esseks, Director, ACLU Lesbian Gay Bisexual Transgender & AIDS Project at 11:56am

The nation has just had a marriage moment – a tipping point where voters in at least two states have affirmed the freedom to marry for same-sex couples.  The vote illustrates that the country is getting squarely behind the notion that same-sex couples should be able to make the same legal commitment to each other that straight folks can.  And this marriage moment provides immeasurable support for the prospect of another one next June, when the Supreme Court is likely to issue its views on marriage for same-sex couples.

Big Data: NSA, Facebook—and My University?

By Bennett Stein, ACLU Speech, Privacy and Technology Project at 12:51pm

On Sunday, the New York Times published an extensive piece surveying the ways American universities are using their access to students’ information to tailor their college experiences. Universities collect a huge amount of data on their students—course selection and grades, past educational experience and standardized test scores, and other personal information. Austin Peay University analyzes a student’s data and suggests classes in which the student is likely to “succeed.” Arizona State University uses its data to identify students who are “off track” based on course selection and course results. ASU is also experimenting with using information on student swipes of ID cards around campus—at the gym, at the dining hall, at the dorm, at the library, etc.—to understand social ties. (Last week, my colleague Catherine Crump also wrote about universities experimenting with monitoring students’ internet usage to assess mental health.)

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.

Ending Solitary Confinement – The Dangers of Isolation for LGBTI Prisoners and Detainees

By Patrick DePoy, ACLU Washington Legislative Office at 3:33pm

Recently, the Senate Judiciary Committee’s Constitution Subcommittee held a landmark hearing on solitary confinement.  The goal of the hearing was to comprehensively examine and reassess the overuse of solitary confinement in federal and state correctional facilities and detention centers.  Sen. Durbin (D-Ill.), chair of the subcommittee, noted the hearing was about more than just solitary confinement, instead seeking to answer the question, “What do America’s prisons say about our nation and its values?”

Counselor to LGBT Kids — I Will Not Help You

By Louise Melling, Center for Liberty & Louise Melling, Center for Liberty at 10:44am

The U.S. Court of Appeals for the Sixth Circuit heard arguments today in Ward v. Wilbanks, a case where a graduate student, Julea Ward, is challenging her removal from Eastern Michigan University's counseling program because she refused to counsel lesbian, gay and bisexual clients on any issues relating to same-sex relationships during her clinical training. The student was training to become a school counselor.

A Step Forward in Fair and Equal Access to Credit for Minority Borrowers

By Demelza Baer, Washington Legislative Office at 11:06am

During our nation's prolonged economic downturn, most of us have been impacted by foreclosures, unemployment, or a significant loss of savings. These hardships, however, haven't fallen equally across the backs of all Americans – minorities have borne a disproportionate share of the burden. Minority families are twice as likely to lose their home through foreclosure during the Great Recession. And, since these households relied on home equity for a greater proportion of their household wealth, the foreclosure crisis has substantially increased the wealth gap between whites and ethnic minorities. Discrimination, not neutral market forces, explains many of these disparities. Thus, the Consumer Financial Protection Bureau's (CFPB) recently issued Ability-to-Repay rule is a welcome first step towards protecting the civil rights of all Americans, so that every individual can achieve the American dream of homeownership on a fair and level playing field.

New Legislation Addresses Need for Equal Treatment of Military Spouses

By Ian S. Thompson, ACLU Washington Legislative Office at 2:41pm

Just in time for Independence Day, Rep. Adam Smith (D-Wash.), the senior Democrat on the House Armed Services Committee, has introduced the Military Spouses Equal Treatment Act (H.R. 6046).  This important legislation would ensure equality in military and veteran benefits for all military spouses.  It has already garnered the support of 11 additional Democratic members of the Armed Services Committee, as well as Rep. Bob Filner (D-Calif.), the senior Democrat on the House Veterans’ Affairs Committee.

United We Dream

There are 2.1 million of us. Then, there are our parents, friends, and neighbors—courageous, hardworking undocumented Americans. Together, we are 11.2 million. We’ve met and overcome great hardship.

Protecting Kids and Families in North Carolina

By James Esseks, Director, ACLU Lesbian Gay Bisexual Transgender & AIDS Project at 10:18am

We’ve just filed a new federal case in North Carolina to ensure that kids being raised by lesbian or gay parents can have legally protected relationships with both of the parents who are raising them. North Carolina bans second parent adoption – which is the name for that kind of protection – and the stories of two of our plaintiff families illustrate just how harmful the ban is. 

Crystal Hendrix and Leigh Smith are raising two children together, 2-year-old Quinn and Joe, their baby. Crystal carried each of them and of course is recognized as their mother. But Leigh, the stay-at-home mom, can’t become a legal parent because of the ban on second parent adoption. Crystal’s parents have never accepted the women’s relationship, so both Crystal and Leigh have a real concern about what would happen if Crystal were to die or become legally incapacitated, with Leigh remaining a legal stranger to the kids. Crystal, Leigh, and Leigh’s parents tell their story here