Blog of Rights

In Florida, High School Student Kiera Wilmot’s Curiosity Is a Crime?!

By Rebecca McCray, ACLU Criminal Law Reform Project at 2:47pm

Fed up with the school-to-prison pipeline? Take action!

Earlier this week, the well-oiled school-to-prison pipeline once again moved swiftly and fiercely to criminalize kids. This time, the pipeline delivered 16-year-old Kiera Wilmot to the open arms of a Florida Assistant State Attorney (ASA).

Mother’s Day Comes Early for Iowa’s Married Same-Sex Couples

By Amanda Goad, LGBT Project at 12:34pm

Same-sex couples have had the freedom to marry in Iowa since 2009. Melissa and Heather Gartner are among the thousands of same-sex couples who have married there. But when Heather gave birth to their daughter Mackenzie in 2010, the Gartners discovered that there were some loopholes in the "marriage equality" they thought their home state of Iowa had achieved. The Iowa Department of Public Health refused to list Melissa Gartner as Mackenzie's parent on her birth certificate. That left Melissa in the awkward position of lacking legal proof of her relationship to the baby, should she need to travel with Mackenzie or arrange medical care for her when her wife isn't on hand to sign paperwork.

The LA Times Agrees – ENDA’s Religious Exemption Must Be Narrowed

By Ian S. Thompson, ACLU Washington Legislative Office at 11:08am

On Thursday, the Los Angeles Times published a powerful editorial arguing that a blank check for religiously affiliated organizations – far beyond houses of worship – to discriminate in employment against LGBT people should not be the price paid to enact the long-sought and critically important Employment Non-Discrimination Act (ENDA).

"Ag-Gag" Not Just About Animal Welfare

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 9:54am

A story out of Utah this week neatly showcased the rising concerns among civil liberties and press freedom groups around so-called "ag-gag" laws, which, in various ways, make it illegal to document animal abuse on factory farms and other agricultural businesses. In Utah, authorities charged a local woman with taking photographs of animal cruelty from a public vantage point, and then quickly dropped the charges after significant public outcry.

Chertoff on Google Glass

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 5:56pm

We’ve been doing a fair amount of thinking about the implications of consumer wearable cameras like Google Glass, and I’m sure we’ll have more to say in this space on the subject. But meanwhile, we’re pleasantly surprised to report a very trenchant analysis of the technology’s implications for our privacy by none other than Michael Chertoff. Writing on CNN’s web page, the former DHS chief writes,

So, who owns and what happens to the user's [video] data? Can the entire database be mined and analyzed for commercial purposes? What rules will apply when law enforcement seeks access to the data for a criminal or national security investigation? For how long will the data be retained? ….

Even those who might be willing to forgo some degree of privacy to enhance national security should be concerned about a corporate America that will have an unrestricted continuous video record of millions.

What is to prevent a corporation from targeting a particular individual, using face recognition technology to assemble all uploaded videos in which he appears, and effectively constructing a surveillance record that can be used to analyze his life?

Chertoff says he’s inclined to think that government regulation may be needed. I haven’t seen Chertoff say anything about the threat of pervasive government surveillance, which would make him a kind of anti-libertarian on privacy—in favor of restricting corporations, but not the government. For the average, relatively powerless person trying to live their life, the threat comes from both directions.

Separate Is Not Equal

By Courtney Bowie, Racial Justice Program & Karyn Rotker, Race, Poverty, and Civil Liberties Attorney at 5:02pm

In a letter released this week, the U.S. Department of Justice (DOJ) informed Wisconsin that its publicly-funded private school voucher program must comply with the Americans with Disabilities Act. In its letter, DOJ reminded Wisconsin that the state's "obligation to eliminate discrimination against students with disabilities is not obviated by the fact that the schools participating in the program are private secular and religious schools."

VICTORY! Maryland and Oregon Extend Driving Privileges to All Immigrants

By Sirine Shebaya, ACLU of Maryland & Becky Straus, Legislative Director, ACLU of Oregon at 4:55pm

Today Maryland and Oregon are celebrating the signing of new laws expanding access to driver's licenses to all residents, including undocumented immigrants. We are part of a movement. Our hope is that our success inspires the passage of bills in more than a dozen other states considering similar measures.

In most states today, it is difficult, if not impossible, for people to go about their daily lives without the ability to drive. Simple but essential tasks such as driving kids to school or to extracurricular activities, picking up groceries, going to the doctor, and traveling to workbecome riddled with hardship. As a result, people without access to driver's licenses are faced with the difficult "choice" of either not meeting their basic needs or driving and risking arrest and other negative repercussions.

U.N. Working Group Finds That U.S. Needs to Do More to Address the Adverse Business Impacts on Human Rights

By Katie Haas, ACLU Human Rights Program at 4:45pm

The United Nations Working Group on the issue of human rights and transnational corporations and other business enterprises yesterday completed its first country visit to the United States. The Working Group was formed by the U.N. Human Rights Council in 2011 to disseminate and implement the recently developed "Guiding Principles on Business and Human Rights," which set forth countries' obligation to protect people from human rights violations caused by businesses or other entities and the necessity of appropriate remedies for such violations. The Guiding Principles also outline businesses' responsibility to respect human rights. At the invitation of the U.S. government, the Working Group visited many cities and met with diverse stakeholders including federal and state officials, businesses, trade unions, and civil society organizations.

Shaking Off the Shackles of State-Sponsored Killing

By Tanya Greene, Advocacy and Policy Counsel, ACLU at 11:38am

Hooray for Maryland! Expressing concerns about the risk of deadly error, the exorbitant and ever-increasing cost, racial bias and the unending torment of murder victims' family members, today Maryland Governor, Martin O'Malley, signed into law repeal of that state's death penalty. We applaud the legislature and the Governor on their decision to end state-sponsored homicide in Maryland. We are a better nation for it.

Part of a noticeable trend – as Dr. King might say, the arc of the moral universe bending toward justice -- Maryland is the sixth state in six years to repeal the death penalty, joining New Jersey, New York, New Mexico, Illinois and Connecticut.

Protecting and Serving All, Regardless of Faith

By Edward L. Smith, Former Chief of Police at 4:47pm

As a former police chief of numerous Oklahoma towns, including Seminole, Clinton, Blackwell, Owasso, Bethany, and Chickasha, I have seen officers disciplined for a variety of insubordinate acts. During my 35 years in law enforcement, however, I have never had to discipline an officer for refusing to carry out an assignment because he objects to the faith of the individuals he has been ordered to serve. Indeed, no officer serving under me has claimed that right because every law enforcement official knows that refusing orders on these grounds would not only amount to insubordination, but would also violate the oath sworn by all officers to uphold the U.S. Constitution. That oath requires that as, police officials, we serve and protect all members of the community, regardless of faith or belief.