Betreff: Fighting for the Constitution
Von: ACLU Online
Datum: Thu, 9 Jun 2005 18:45:04 -0500


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In This Issue

Patriot Act Update from Executive Director Anthony D. Romero

Federal Court Orders Government to Turn Over Videos and Photos Showing Detainee Abuse

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Supreme Court Ruling Protects Religious Liberty in Prisons

Transgender Discrimination Lawsuit Filed Against Library of Congress on Behalf of Army Veteran

Appeals Court Requires Justice Department to Turn Over Secret Memo on Immigration Policy

Watch for Anthony D. Romero on the "Talking Points Memo" Blog!

In the States:

HIV Positive Student Kicked Out of Cosmetology School

Iranian American "Know Your Rights" Campaign Launched by National Organizations

FreedomWire:

Rights, Camera, Action!

Patriot Act Comic

Check out our Patriot Act Editoral Cartoon Gallery and pick a card to send to your friends.

Join the ACLU

YOU CAN HELP PROTECT OUR BASIC FREEDOMS by joining with over 400,000 card-carrying members of the ACLU. Our rights as individuals -- the very foundation of our great democracy -- depend on our willingness to defend them, and as an ACLU member, you'll be doing your part.

Click now to safeguard our Bill of Rights by becoming an ACLU member.



HIV Positive Student Kicked Out of Cosmetology School

In a letter to the Arkansas Board of Cosmetology, the ACLU asks it to clarify a state regulation that has been used to justify the expulsion of an HIV-positive student.

Allan Dugas, who began his training at the beginning of 2005, was informed by Hair Tech Beauty College in January 2005, that he could no longer continue his studies after he voluntarily disclosed his HIV status to an administrator. In a written letter sent after his expulsion, the school claimed that it could not allow Dugas to continue with his studies because of a state regulation that prohibits people with an "infectious or communicable disease" from practicing cosmetology.

"Now, more than 20 years into the AIDS epidemic, we know for a fact that you don't get HIV from getting a haircut," said Grif Stockley, a staff attorney with the ACLU of Arkansas. "We call on the Board of Cosmetology to be a champion for HIV-positive Arkansans by clarifying its regulation before more people are harmed like Mr. Dugas. People with HIV need to be able to earn a living just like everyone else."

Read the complete story.


Iranian American "Know Your Rights" Campaign Launched By National Organizations

Leaders of the Iranian American community and the ACLU recently launched a "Know Your Rights" Campaign designed to address community-specific concerns.

There have been increased patterns of discrimination against Iranian Americans in the past six months, according to the organizations, including allegations of employment discrimination, FBI interrogation and surveillance, problems in getting security clearance and immigration discrimination.

While mindful of security concerns, the organizations unequivocally oppose targeting Iranian Americans on the basis of ethnic origin, saying it does nothing to increase safety. As a result of these concerns, the organizations have joined together to reach out to the Iranian American community to educate individuals about their rights.

The new program offers important opportunities for open dialogue as well as resources such as a "Know Your Rights" pamphlet, available in a variety of languages including English, Spanish, Arabic, and Farsi.

Find out more about the program.


FreedomWire: Rights, Camera, Action!

The ACLU's 2005 Stand Up for Freedom Contest kicks off nationwide on Independence Day. We're asking young people to get creative about defending their rights by producing a TV public service announcement or writing an essay on today's pressing civil liberties issues.

Visit aclu.org/FreedomWire to get the scoop on the contest and check out our panel of judges.


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June 9, 2005



Title 1

Fighting for the Constitution in Congress and in Your Town

This week, a Senate committee in secret session approved new Patriot Act provisions that are nothing less than an end-run around the Constitution. The proposed new government powers would allow the FBI to issue search orders without prior judicial approval and to seize personal records from medical facilities, libraries, hotels, gun dealers, banks and other businesses without any specific suspicion of criminal activity, or any specific facts connecting the records sought to an agent of a foreign government.
Thousands of ACLU Activists are calling Congress this week about the Patriot Act.

"I called. The aide took my message, my name and address, thanked me and that was it. Easy."

Call Congress today. To look up your Representative's and Senators' direct numbers click here, or you can call the Capitol Switchboard at (202) 224-3121.

If you've already called, we want to hear how it went! You can report back on your call here.

But ACLU efforts to reform the Patriot Act and resist this latest Bush Administration power grab are well underway, and Congress is facing
new pressure from Americans across the political spectrum -- and from members and supporters like you.

The Bush Administration wants the Patriot Act made permanent, it wants even more power, and it doesn't want Congress to ask any more
meddlesome questions about the Bill
of Rights.

That's where you come in. Today we are asking ACLU members and activists to contact their
representatives by phone and speak
out to stop the government from stripping away their rights. If you've recently called your representative about this critical threat to our liberties, thank you. If you haven't, I urge you to do so. Congress must hear from each and every one of us who think the Patriot Act goes too far in curbing our privacy and liberty. Your call will make a difference. One of the most inspiring things about my job and about this work is the number of dedicated individuals I come into contact with and the extraordinary passion and expertise each person and each group brings to our efforts. For our lobbying team, the focus now shifts to the Senate and House Judiciary Committees. In local communities around the country, members and affiliate staff are already burning up the pavement talking to their neighbors and their representatives about what they can do to keep us safe and free. The full Congress could debate and vote on the Patriot Act as early as the end of this month. Without exaggeration, the stakes have never been higher for civil liberties in America. I will continue to keep you updated with recent developments in this historic debate over our system of laws, our fundamental freedoms and our national character. I sincerely hope you will help in whatever way you can. Make your voice heard -- tell Congress that the Patriot Act should not be made permanent, and it absolutely must not be expanded.

Anthony D. Romero
Executive Director

Take Action! Urge your Members of Congress to oppose expansion of the Patriot Act.


Stay informed about the issues and our efforts.



Title 2

A federal judge has ordered the Defense Department to turn over dozens of photographs and four movies depicting detainee abuse at Abu Ghraib prison in Iraq. This significant ruling is in response to an ongoing FOIA lawsuit brought by the ACLU.

Attorneys for the government argued that turning over visual evidence of abuse would violate the United States' obligations under the Geneva Conventions. The ACLU countered that obscuring the faces and identifiable features of the detainees would erase any potential privacy concerns. The court agreed.

"It is indeed ironic that the government invoked the Geneva Conventions as a basis for withholding these photographs," said Amrit Singh, a staff attorney at the ACLU. "Had the government genuinely adhered to its obligations under these Conventions, it could have prevented the widespread abuse of detainees held in its custody in Iraq, Afghanistan and Guantánamo Bay."

Find more information on the lawsuit.



Title 3

On May 31, 2005, the Supreme Court voted unanimously to uphold the constitutionality of a federal law that requires states to allow prisoners to practice their religious beliefs.

"It is wrong to punish prisoners by denying them their religious liberty," said Elizabeth Alexander, Director of the ACLU National Prison Project, which filed a friend-of-the-court brief in the case.

In the ruling, the Justices unanimously sided with Ohio prisoners who had been denied access to religious items and literature, as well as time to worship. The prisoners filed a legal challenge against Reginald Wilkinson, Director of the Ohio Department of Rehabilitation and Correction, stating that the prison department was in violation of federal law.

The decision struck down a ruling by the Sixth Circuit Court of Appeals that the Religious Land Use and Institutionalized Persons Act of 2000 violated the separation of church and state. However, as the ACLU argued in its brief, the federal law mandates nothing more than the removal of substantial government-imposed burdens on religious exercise.

Read a copy of the ACLU's brief.



Title 4

The ACLU filed a lawsuit in federal court against the Library of Congress after Diane Schroer's job offer was rescinded when she informed the organization that she was in the process of transitioning from male to female.

Schroer, 49, retired from the Army as a Colonel in 2004 after 25 years of distinguished service. After leaving the military and careful deliberation under the care of a doctor, Schroer decided to transition from a man to a woman. While still presenting as a man, Schroer applied for a position with the Library of Congress as the senior terrorism research analyst. She was offered the job, and she accepted immediately.

Prior to starting work, Schroer took her future boss to lunch to explain that she was in the process of transitioning from a man to a woman and thought it would be easier for everyone if she simply started work presenting as a female. The future boss said nothing at the lunch to suggest that this would be a problem. But the following day, Schroer received a call from the future boss rescinding the offer, telling her that she wasn't a "good fit" for the Library of Congress.

"After risking my life for more than 25 years for my country, I've been told I'm not worthy of the freedoms I worked so hard to protect," said Schroer. "All I'm asking is to be judged by my abilities rather than my gender."

Get more information, including a copy of the complaint and a brief bio on Diane Schroer.



Title 5

In another blow to government secrecy over post-September 11 policies and practices, a unanimous federal appeals court ruling requires the Justice Department to disclose a secret legal memorandum that outlines the government's legal position advocating for unprecedented power by local police to enforce civil immigration laws.

"The court has issued a powerful rebuke to the Bush Administration's attempt to shield its radical legal views from public scrutiny and debate," said ACLU Immigrants' Rights Project attorney Omar Jadwat.

In the past, dozens of local police officials and law enforcement organizations have spoken out against state and local participation in immigration enforcement, saying that it would jeopardize their relationships with immigrant communities and divert local law enforcement resources from the more important job of trying to control crimes against people.

For more details, click here.



Title 6

Mark your calendars to read daily commentary from ACLU Executive Director Anthony D. Romero online. Anthony will be the guest host at www.TPMCafe.com for one week starting Monday June 13th. TPMCafe is a new blog created by journalist Josh Micah Marshall, the host of the influential blog www.talkingpointsmemo.com. Anthony will be the second guest blogger at TPMCafe, following a recent appearance by Senator John Edwards.


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