Supreme Court Term 2025-2026

Hundreds if not thousands of Salt Lake City, Utah, residents have nowhere safe to stay and must live and sleep in public. This case—brought by a small group of residents and businesses—involves the question whether this citywide homelessness crisis constitutes a nuisance under Utah state law. It also presents the question whether Salt Lake City can be ordered to clear encampments, forcibly relocate people who are unhoused, and enforce vague and overbroad laws criminalizing homelessness where doing so will likely, if not certainly, violate unhoused people’s state and federal constitutional rights. The ACLU’s State Supreme Court Initiative and Trone Center for Justice and Equality, along with the ACLU of Utah and the Salt Lake Legal Defenders Association, represent amici curiae in the trial court who oppose the plaintiffs’ nuisance claims and their request for relief.

On March 1, 2023, WRP and the ACLU of Texas sent an advocacy letter to Spring Branch Independent School District (“District”) on behalf of G.H., a Spring Woods High School student athlete. The ACLU’s investigation had revealed that the District maintained a discriminatory, sex-specific dress code and gender-based inequities in the school’s athletics program, and that the student was mistreated after objecting to these policies and practices. The advocacy letter raised concerns that the District’s actions reinforced invidious sex stereotypes, treated girl athletes as lesser than boy athletes, and potentially violated the Fourteenth Amendment to the U.S. Constitution and Title IX of the Education Amendments of 1972. The District’s policies and actions harm all students, regardless of gender, but have particularly egregious consequences for Black girls and other girls of color.

Eden Rogers and Brandy Welch were turned away by a government-funded foster care agency for failing to meet the agency’s religious criteria which exclude prospective foster parents who are not evangelical Protestant Christian or who are same-sex couples of any faith.

After a musician used footage of officers searching his home in music videos criticizing that search and the officers more broadly, they sued him for damages and asked the court to order him to stop speaking about them. The ACLU of Ohio and the ACLU filed an amicus brief in support of the musician’s motion to dismiss the suit, arguing that the lawsuit sought to silence criticism in violation of the First Amendment.