American Civil Liberties Union

Despite evidence to the contrary, the government continues to embrace a theory that adopting radical ideas is a first step toward terrorist violence. Based on this discredited model, "preventive" policies are being pursued, resulting in discrimination, suspicionless surveillance of entire communities, and selective law enforcement against belief communities and political activists. The following is the second installment in the ACLU blog series "Radically Wrong," which highlights counterterrorism policies that are not only ineffective, but also undermine our constitutional rights.

The U.S. Conference of Catholic Bishops has designated the fourteen days from June 21to July 4 as its “fortnight for freedom,” during which time the bishops will make claims, as they have in the past, that their faith, and indeed the entire state of religious liberty in this nation, is under attack. Don’t be fooled. 

Certainly, the “fortnight” was designed as a publicity opportunity to highlight the bishops’ opposition to the Obama administration’s rule that would ensure that all new health insurance plans — except those held by churches and other houses of worship — would include coverage for birth control. We’ve also seen arguments from the bishops and others that religious freedom justifies publically funded agencies denying loving homes to children in foster care simply because the would-be adoptive parents are gay or lesbian; hospitals denying a woman life-saving care if it meant ending her pregnancy; contractors imposing religious restrictions on taxpayer-funded services for victims of human trafficking ; public schools allowing guidance counselors to turn away students in crisis if they disapprove of their sexual orientation ; any employer refusing  to cover any health care service in their employees’ health insurance plans ; and hotels and restaurants refusing   to serve same-sex couples . But we know that’s not what true religious freedom is. 

This was cross-posted to the American Constitution Society blog. 

The impact Superstorm Sandy had on homes, businesses, nonprofits, and houses of worship across the Northeast was devastating. And still, in the wake of the storm, these institutions reached out to their communities to provide the help they could. At the same time, they began the process of their own rebuilding; for congregations, this meant repairing their sanctuaries and sacred spaces.

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.”