Washington Markup

On the Anniversary of Griswold, the Facts about Contraception

By Sarah Lipton-Lubet, ACLU Washington Legislative Office at 10:31am

On this day in 1965, the Supreme Court first protected the right to contraception. A 7-2 decision, Griswold v. Connecticut was joined by justices appointed by Republicans and Democrats alike. It opened the door to a world in which people are free to form intimate relationships, lead healthy sexual lives, pursue educational and employment opportunities, and decide whether and when to become parents. 

And yet now, 47 years later, contraception has become a hot button issue. Much of the recent discussion has consisted of rhetoric such as then-Presidential contender Rick Santorum’s statement that birth control is “not OK, because it’s a license to do things in the sexual realm that is counter to how things are supposed to be”, or the Alliance Defense Fund’s assertion that providing insurance coverage for contraception “propel[s] [us] down an anti-pregnancy path”. On this anniversary, let’s celebrate with the facts:

ACLU Lens: New York Times Highlights Data Showing Harsh Discipline for Minority Students and Students with Disabilities

By Sandhya Bathija, Washington Legislative Office at 12:21pm

Today, the Department of Education will release crucial civil rights data exposing discipline practices in our country's public schools and certain juvenile justice facilities.

In a story published this morning, The New York Times provided a glimpse into this data, which shows that African-American students face harsher discipline measures than other groups. Overall, African-American students were 3 1/2 times as likely to be suspended or expelled than their white peers, the Times revealed. And research suggests African-American students are often punished more severely for the same infractions.

Working Towards an LGBT-Inclusive Platform

By Ian S. Thompson, ACLU Washington Legislative Office at 4:28pm

On Thursday evening, BuzzFeed reported that the draft 2012 Democratic National Platform includes, as part of an overall endorsement of the freedom to marry for same-sex couples, a call for passage of the Respect for Marriage Act in Congress.  This important legislation would completely repeal the discriminatory so-called Defense of Marriage Act (DOMA) and provide married gay and lesbian couples with certainty that, regardless of where they travel or move in the country, they will not be treated as legal strangers under federal law. 

ENDA Is Good, Could Be Even Better

By Ian S. Thompson, ACLU Washington Legislative Office & Dena Sher, ACLU Washington Legislative Office at 5:04pm

On Tuesday, the Senate Committee on Health, Education, Labor and Pensions held an important hearing on workplace discrimination experienced by those who are or perceived to be lesbian, gay, bisexual, or transgender (LGBT). The hearing addressed the need for federal legislation, the Employment Non-Discrimination Act (ENDA), to create uniform protections for LGBT people in the workplace.   The sad reality remains that it is legal to fire or refuse to hire workers based on sexual orientation in 29 states and gender identity in 34 states.

More Anti-Muslim Training Materials Uncovered

By Devon Chaffee, Legislative Policy Counsel, ACLU Washington Legislative Office at 7:16pm

This morning, Danger Room’s Spencer Ackerman continued to shock readers by exposing some of the most vehemently anti-Muslim training documents used by the U.S. government that have come to light to date. (See our past analysis of biased FBI materials.) The newly released military training materials not only contained erroneous stereotypes and derogatory remarks about Muslims and Arabs, they included a four-phase plan for transformation of Islam that would reduce Islam to a “cult status” and possibly result in “total war” against Islam.

White House Should Focus on the Constitution, Not the Bible

By Dena Sher, ACLU Washington Legislative Office at 2:41pm

Last week, it was reported that the president of the American Bible Society is meeting with Joshua DuBois, the head of the President's Office of Faith-Based and Neighborhood Partnerships, "to begin a dialogue on the importance of the Bible in the founding of the country." The American Bible Society president said, "It's impossible to separate the formation of our democratic republic from the foundation of Scripture." As we know, however, our Constitution is not based on biblical principles.

Another One Bites the Dust: Second Challenge to Birth Control Rule Rejected in One Week

By Sarah Lipton-Lubet, ACLU Washington Legislative Office at 6:01pm

Courts are making fast work this week of the lawsuits challenging the Obama administration’s rule requiring insurance plans to cover contraception and stop discriminating against women.

Just one day after a federal court in Nebraska threw out a lawsuit brought by seven anti-Affordable Care Act attorneys general, a federal court in D.C. did the same in a case filed by a religiously affiliated college.  On Wednesday, a federal judge dismissed the lawsuit filed by Belmont Abbey College (the first of the two dozen challenges to the birth control rule). 

Members of Congress Urge Investigation of FBI Muslim Surveillance

By Devon Chaffee, Legislative Policy Counsel, ACLU Washington Legislative Office at 11:37am

Yesterday 22 Members of Congress sent a letter to the Inspector General of the Department of Justice urging him to launch an investigation into the Federal Bureau of Investigation's improper recording and dissemination of information about the First Amendment-protected activities of American Muslims. Several of the members who joined the letter-including Representatives Pete Stark (D-CA-13), Anna Eshoo (D-CA-14), Sam Farr (D- CA-17), Mike Honda (D- CA-15), Zoe Lofgren (D-CA-16), and Barbara Lee (D-CA-09) -represent districts in Northern California in which FBI memoranda document the use of community outreach for intelligence purposes.

Twelve More Lawsuits, Still No Case

By Sarah Lipton-Lubet, ACLU Washington Legislative Office at 12:55pm
Every few weeks, opponents of birth control manage to garner some media attention by objecting – again – to the federal contraceptive coverage rule, which ensures that millions of women will have affordable insurance coverage for contraception without extra out-of-pocket costs. But time after time, it’s just more of the same. 

Court’s Ruling to Allow Employer to Discriminate Out of Step; Threatens Women’s Health

By Sarah Lipton-Lubet, ACLU Washington Legislative Office & Brigitte Amiri, ACLU Reproductive Freedom Project at 4:30pm

A federal court in Colorado today put a temporary halt on the implementation of the Obama administration’s contraceptive coverage rule, with respect to one company. The contraceptive coverage rule requires insurance plans to cover contraception and stop routinely discriminating against women. The decision, if upheld, could pave the way for businesses to use their owners’ religion as an excuse to discriminate.