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| | [[Image:ACLU and Islam.jpg|right|400px|It All Depends On Whose Church Is Being Separated]] | | [[Image:ACLU and Islam.jpg|right|400px|It All Depends On Whose Church Is Being Separated]] |
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| − | ==ACLU and Free Speech== | + | ==ACLU and the Establishment Clause== |
| | + | ACLU chapters frequently sue to compel removal of the Ten Commandments from public property. For example, in ''McCreary County v. ACLU'', 545 U.S. 844 (2005), the ACLU of Kentucky forced two counties to remove displays of the Ten Commandments from their courthouses. In Utah, the ACLU even announced a scavenger hunt for anyone who could find a display of the Ten Commandments monument that the ACLU could demand be removed. The ACLU typically receives substantial legal fees from the government in each of these cases. |
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| | + | In 1994, the ACLU of New Jersey sued Jersey City, New Jersey to challenge a menorah and a Christmas tree at city hall. A federal district judge declared the display to be unconstitutional, but the appellate court, in a 2-1 opinion written by now-Justice [[Samuel Alito]], found a modified display to be constitutional. ''ACLU of New Jersey v. Schundler'' (1999). Then-Judge Alito wrote, "government may celebrate Christmas in some manner and form, but not in a way that endorses Christian doctrine." |
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| − | The ACLU rarely defends Christian speech, and virtually never defends speech that is critical of homosexuality. The ACLU was silent with respect to the widely publicized censorship of a T-shirt critical of homosexuality that was worn by student Tyler Chase Harper at his public school. "It's hard to explain the ACLU's apparent equanimity about the violation of Mr. Harper's First Amendment rights -- unless you consider the content of his speech. This case does not appear to be anomalous. Despite its professed commitment to religious liberty, for example, the ACLU tends to absent itself from cases on college campuses involving the associational rights of Christian student groups to discriminate against gay students, in accordance with their religious beliefs."<ref>Wendy Kaminer, "The American Liberal Liberties Union," Wall Street Journal (May 23, 2007).</ref>
| + | In 2007, the ACLU Foundation of Texas filed an [[amicus brief]] for removal of a longstanding monument to William Mosher outside Harris County Civil Courthouse because the statute contained a depiction of an open Bible. ''Staley v. Harris County'', 2007 U.S. App. LEXIS 9296 (5th Cir. 2007). The court ruled that Harris County must pay attorneys fees to the [[Americans United For Separation of Church & State]], which often appears along with the ACLU in demanding removal of religious symbols from government property and censoring criticism of evolution in public school. |
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| − | In 1978, the ACLU defended the right of the American Nazi Party to march through Skokie, Illinois, a suburb of Chicago that is a community of a large number of Jewish people and Holocaust survivors. <ref>http://openweb.tvnews.vanderbilt.edu/1978-2/1978-02-23-NBC-6.html</ref>
| + | The ACLU demanded that Los Angeles County remove a tiny cross from the Los Angeles County seal, even though the seal contained nearly a dozen symbols including the Greek goddess Pomona standing on the shore of the Pacific Ocean -which the ACLU did not complain about. The seal also displayed other California motifs, including the Spanish galleon San Salvador, a tuna fish, a cow, stars representing the movie and television industries, the Hollywood Bowl, oil derricks, and a pair of engineering instruments to represent Los Angeles' contributions to industrial construction and space exploration. The cross was a tiny part of the seal. But Los Angeles County gave into the ACLU's demands and spent $700,000 to censor the cross and replace it on all official government documents, publications and signage. |
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| − | In 2004, on the grounds of freedom of expression, the ACLU fought on behalf of a Stevenson High School student for her right to include a Bible verse in her year book entry. The settlement between the ALCU and the school district stated:
| + | The ACLU of Louisiana demanded that a school board stop allowing an invocation to be said at the beginning of its meetings. In ''[[Doe v. Tangipahoa Parish School Bd.]]'' (2007), an [[en banc]] [[Fifth Circuit]] dismissed the claim for lack of proof that anyone had been injured or even offended by hearing these invocations. |
| − | * The district will place a sticker with Moler's original entry in the copies of the yearbook on file with the school.
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| − | * The district has instructed the Stevenson High School yearbook staff not to censor students' yearbook entries solely because they contain religious or political speech that others might find offensive.
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| − | * The district recently provided and will continue to provide in-service training and advice to school staff on free speech and religious freedom issues that arise in school.
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| − | * The district will write a letter of regret to Moler apologizing for the failure to include her entry in the yearbook.
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| | ==ACLU Against the Boy Scouts== | | ==ACLU Against the Boy Scouts== |
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| | A federal district court ruled for the ACLU, but the Court of Appeals for the Seventh Circuit overturned the lower court ruling that the plaintiffs lacked standing to bring the suit which will allow the government to continue to sponsor this event for the Boy Scouts.<ref>See [[Essay:Boy Scouts Rout ACLU]]</ref> | | A federal district court ruled for the ACLU, but the Court of Appeals for the Seventh Circuit overturned the lower court ruling that the plaintiffs lacked standing to bring the suit which will allow the government to continue to sponsor this event for the Boy Scouts.<ref>See [[Essay:Boy Scouts Rout ACLU]]</ref> |
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| − | ==ACLU and the Establishment Clause==
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| − | ACLU chapters frequently sue to compel removal of the Ten Commandments from public property. For example, in ''McCreary County v. ACLU'', 545 U.S. 844 (2005), the ACLU of Kentucky forced two counties to remove displays of the Ten Commandments from their courthouses. In Utah, the ACLU even announced a scavenger hunt for anyone who could find a display of the Ten Commandments monument that the ACLU could demand be removed. The ACLU typically receives substantial legal fees from the government in each of these cases.
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| − | In 1994, the ACLU of New Jersey sued Jersey City, New Jersey to challenge a menorah and a Christmas tree at city hall. A federal district judge declared the display to be unconstitutional, but the appellate court, in a 2-1 opinion written by now-Justice [[Samuel Alito]], found a modified display to be constitutional. ''ACLU of New Jersey v. Schundler'' (1999). Then-Judge Alito wrote, "government may celebrate Christmas in some manner and form, but not in a way that endorses Christian doctrine."
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| − | In 2007, the ACLU Foundation of Texas filed an [[amicus brief]] for removal of a longstanding monument to William Mosher outside Harris County Civil Courthouse because the statute contained a depiction of an open Bible. ''Staley v. Harris County'', 2007 U.S. App. LEXIS 9296 (5th Cir. 2007). The court ruled that Harris County must pay attorneys fees to the [[Americans United For Separation of Church & State]], which often appears along with the ACLU in demanding removal of religious symbols from government property and censoring criticism of evolution in public school.
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| − | The ACLU demanded that Los Angeles County remove a tiny cross from the Los Angeles County seal, even though the seal contained nearly a dozen symbols including the Greek goddess Pomona standing on the shore of the Pacific Ocean -which the ACLU did not complain about. The seal also displayed other California motifs, including the Spanish galleon San Salvador, a tuna fish, a cow, stars representing the movie and television industries, the Hollywood Bowl, oil derricks, and a pair of engineering instruments to represent Los Angeles' contributions to industrial construction and space exploration. The cross was a tiny part of the seal. But Los Angeles County gave into the ACLU's demands and spent $700,000 to censor the cross and replace it on all official government documents, publications and signage.
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| − | The ACLU of Louisiana demanded that a school board stop allowing an invocation to be said at the beginning of its meetings. In ''[[Doe v. Tangipahoa Parish School Bd.]]'' (2007), an [[en banc]] [[Fifth Circuit]] dismissed the claim for lack of proof that anyone had been injured or even offended by hearing these invocations.
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| − | Occasionally an ACLU chapter does side with a Christian student on the [[Free Exercise Clause]]. The ACLU of Michigan defended a Christian student seeking to have a Biblical passage on the student's yearbook page.<ref>ACLU: After ACLU Intervention on Behalf of Christian Valedictorian, Michigan High School Agrees to Stop Censoring Religious Yearbook Entries (5/11/2004)
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| − | [http://www.aclu.org/studentsrights/expression/12845prs20040511.html]</ref>
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| | == ACLU and Pornography == | | == ACLU and Pornography == |
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| | The ACLU has defended [[polygamy|polygamists]].<ref>During a question-and-answer session after a speech at Yale University, ACLU president Nadine Strossen stated that her organization has "defended the right of individuals to engage in polygamy," [http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=44977 World Net Daily] June 25, 2005</ref><ref> | | The ACLU has defended [[polygamy|polygamists]].<ref>During a question-and-answer session after a speech at Yale University, ACLU president Nadine Strossen stated that her organization has "defended the right of individuals to engage in polygamy," [http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=44977 World Net Daily] June 25, 2005</ref><ref> |
| | The ACLU views freedom of religion and the establishment clause as inseparable: In order for people to have religious freedom, their government must neither endorse nor prohibit any religious position.[http://www.aclu.org/religion/frb/16163prs19990716.html ACLU press release July 16 1999].</ref> | | The ACLU views freedom of religion and the establishment clause as inseparable: In order for people to have religious freedom, their government must neither endorse nor prohibit any religious position.[http://www.aclu.org/religion/frb/16163prs19990716.html ACLU press release July 16 1999].</ref> |
| | + | ==ACLU and Free Speech== |
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| | + | The ACLU rarely defends Christian speech, and virtually never defends speech that is critical of homosexuality. The ACLU was silent with respect to the widely publicized censorship of a T-shirt critical of homosexuality that was worn by student Tyler Chase Harper at his public school. "It's hard to explain the ACLU's apparent equanimity about the violation of Mr. Harper's First Amendment rights -- unless you consider the content of his speech. This case does not appear to be anomalous. Despite its professed commitment to religious liberty, for example, the ACLU tends to absent itself from cases on college campuses involving the associational rights of Christian student groups to discriminate against gay students, in accordance with their religious beliefs."<ref>Wendy Kaminer, "The American Liberal Liberties Union," Wall Street Journal (May 23, 2007).</ref> |
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| | + | In 1978, the ACLU defended the right of the American Nazi Party to march through Skokie, Illinois, a suburb of Chicago that is a community of a large number of Jewish people and Holocaust survivors. <ref>http://openweb.tvnews.vanderbilt.edu/1978-2/1978-02-23-NBC-6.html</ref> |
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| | ==Prisoner and student rights== | | ==Prisoner and student rights== |
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| | In 2004, student Abbey Moler selected a bible verse to accompany her picture in a school yearbook. The school subsequently removed this text before publication. The ACLU filed suit against the Utica Community School District, on the grounds that this censorship violated Moler's first-amendment rights to free expression and freedom of religion. The case was settled out of court, with the school district agreeing to replace the verse in following prints of the yearbook and correct it by means of a sticker in copies still in its possession.<ref>ACLU: After ACLU Intervention on Behalf of Christian Valedictorian, Michigan High School Agrees to Stop Censoring Religious Yearbook Entries (5/11/2004) | | In 2004, student Abbey Moler selected a bible verse to accompany her picture in a school yearbook. The school subsequently removed this text before publication. The ACLU filed suit against the Utica Community School District, on the grounds that this censorship violated Moler's first-amendment rights to free expression and freedom of religion. The case was settled out of court, with the school district agreeing to replace the verse in following prints of the yearbook and correct it by means of a sticker in copies still in its possession.<ref>ACLU: After ACLU Intervention on Behalf of Christian Valedictorian, Michigan High School Agrees to Stop Censoring Religious Yearbook Entries (5/11/2004) |
| − | [http://www.aclu.org/studentsrights/expression/12845prs20040511.html]</ref> | + | [http://www.aclu.org/studentsrights/expression/12845prs20040511.html]</ref><ref> The settlement between the ALCU and the school district stated: |
| | + | * The district will place a sticker with Moler's original entry in the copies of the yearbook on file with the school. |
| | + | * The district has instructed the Stevenson High School yearbook staff not to censor students' yearbook entries solely because they contain religious or political speech that others might find offensive. |
| | + | * The district recently provided and will continue to provide in-service training and advice to school staff on free speech and religious freedom issues that arise in school. |
| | + | * The district will write a letter of regret to Moler apologizing for the failure to include her entry in the yearbook.</ref> |
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| | ==ACLU and Medical Records== | | ==ACLU and Medical Records== |