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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]]

== ACLU and [[Illegal Immigration]] ==

==Illegal Immigration==

The [[ACLU]] demanded $2.3 million in fees for challenging a law against [[illegal immigration]].  This demand "illustrates the circus the ACLU brought to this case," the Mayor of Hazelton, Pennsylvania said. "They had 20 attorneys sitting in the courtroom at a time, 16 of them doing nothing but running up the bill."<ref>http://www.centredaily.com/news/state/story/194756.html]</ref>

The [[ACLU]] demanded $2.3 million in fees for challenging a law against [[illegal immigration]].  This demand "illustrates the circus the ACLU brought to this case," the Mayor of Hazelton, Pennsylvania said. "They had 20 attorneys sitting in the courtroom at a time, 16 of them doing nothing but running up the bill."<ref>http://www.centredaily.com/news/state/story/194756.html]</ref>

In the case the ACLU persuaded a [[federal]] [[court]] to declare a municipal ordinance to be unconstitutional.

In the case the ACLU persuaded a [[federal]] [[court]] to declare a municipal ordinance to be unconstitutional.

==ACLU and the Establishment Clause==

==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.

===The Ten Commandments==

ACLU chapters frequently sue to compel removal displays 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.

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."

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."

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.

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.

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.

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 -- about which the ACLU did not complain. 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.

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 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.

==ACLU Against the Boy Scouts==

===Evolution===

In 2004, the ACLU filed [[Selman v. Cobb County School District]].<ref>ACLU:  Parents Challenge Evolution Disclaimer In Georgia Textbooks [http://www.aclu.org/religion/schools/16381prs20041112.html]</ref>  If the plaintiffs, five parents in the Georgia district, won the case, the school district would have to pay their lawyers.  The ACLU argued <ref>ACLU Pretrial Brief in Selman et al v. Cobb County, 11/12/2004 [http://www.aclu.org/FilesPDFs/ACFB940.pdf]</ref> that the district had violated the [[Establishment clause]] of the [[U.S. Constitution]] by putting stickers in biology textbooks that said, "This textbook contains material on [[evolution]]. Evolution is a [[theory]], not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully and critically considered."<ref>Judge's Decision, Selman v. Cobb County School District[http://news.findlaw.com/cnn/docs/religion/selmancobb11305ord.pdf]</ref>  The trial judge ruled in favor of the ACLU <ref>Judge's Decision, Selman v. Cobb County School District[http://news.findlaw.com/cnn/docs/religion/selmancobb11305ord.pdf]</ref>, but his ruling was vacated on appeal.<ref>Appeal Decision, Selman v. Cobb County School District[http://www.ca11.uscourts.gov/opinions/ops/200510341.pdf]</ref>  The case was eventually settled.  The school district agreed to remove the stickers, to avoid altering science textbooks or making "any disclaimers regarding evolution", and to teach the state Board of Education's core curriculum, which includes evolution, although that wasn't under dispute in the original suit.  In addition, they paid $166,669.12 to Atlanta law firm Bondurant, Mixon & Elmore.<ref>"Agreement Ends Textbook Sticker Case", press release from Cobb County School District including settlement agreement [http://www.cobb.k12.ga.us/news/2006/20061219_StickerAgreement.pdf]</ref>  <ref>ACLU: Georgia School Board Drops Defense of Anti-Evolution Stickers[http://www.aclu.org/religion/intelligentdesign/27745prs20061219.html]</ref>

 

Decision of the Court, 400 F.Supp.2d 707 (M.D. Pa. 2005) [http://www.talkorigins.org/faqs/dover/kitzmiller_v_dover_decision.html]</ref>, also known as the [[Intelligent design]] case. The ACLU prevailed in prohibiting administrators from reading a short statement that mentions [[Intelligent Design]] to students, and forbade the school board from issuing a warning that Darwin's theory has gaps.<ref>''Kitzmiller v. Dover Area School District,'' 400 F.Supp.2d 707.</ref> In his opinion, Judge [[John E. Jones III]] heavily relied on the later-vacated ruling in ''[[Selman v. Cobb County School District]]'', and on ACLU briefs.<ref>90% of the section on intelligent design was from the ACLU's briefs.  A Comparison of Judge Jones’ Opinion in Kitzmiller v. Dover with Plaintiffs’ Proposed “Findings of Fact and Conclusions of Law”, by David DeWolf & John West, Discovery Institute, December 12, 2006

 

==The Boy Scouts==

The ACLU filed a lawsuit to prohibit the federal government from continuing to allow the [[Boy Scouts]], a charitable organization for teenagers, to use an Army base in Virginia for a quadrennial gathering.  In 2005, more than 40,000 Boy Scouts attended this National Boy Scout Jamboree.

The ACLU filed a lawsuit to prohibit the federal government from continuing to allow the [[Boy Scouts]], a charitable organization for teenagers, to use an Army base in Virginia for a quadrennial gathering.  In 2005, more than 40,000 Boy Scouts attended this National Boy Scout Jamboree.

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>

== ACLU and Pornography ==

== Pornography ==

In [[Ashcroft v. ACLU]] (2004), the ACLU challenged and invalidated the [[Child Online Protection Act]], which would have required pornographers to take reasonable steps to restrict access by minors to porn on the Internet.  The Act, which the Supreme Court struck down at the request of the ACLU, did not censor a single word or picture.  It merely required the pornographers to screen their websites from minors, which can be done by credit card or other verification.

In [[Ashcroft v. ACLU]] (2004), the ACLU challenged and invalidated the [[Child Online Protection Act]], which would have required pornographers to take reasonable steps to restrict access by minors to porn on the Internet.  The Act, which the Supreme Court struck down at the request of the ACLU, did not censor a single word or picture.  It merely required the pornographers to screen their websites from minors, which can be done by credit card or other verification.

Rust-Tierney, who served as the Virginia ACLU president until 2005, was serving on its board of directors when he was arrested in February 2007 for possession of child pornography that a U.S. magistrate described as "the most perverted and nauseating and sickening type of child pornography" she ever had seen.  The former Virginia ACLU president later entered a guilty plea and was sentenced to eight years in jail.<ref>''Ibid.''</ref>

Rust-Tierney, who served as the Virginia ACLU president until 2005, was serving on its board of directors when he was arrested in February 2007 for possession of child pornography that a U.S. magistrate described as "the most perverted and nauseating and sickening type of child pornography" she ever had seen.  The former Virginia ACLU president later entered a guilty plea and was sentenced to eight years in jail.<ref>''Ibid.''</ref>

==Same-sex Marriage==

==Same-sex Marriage==

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==

 

==Free Speech==

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>

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>

* The district will write a letter of regret to Moler apologizing for the failure to include her entry in the yearbook.</ref>

* The district will write a letter of regret to Moler apologizing for the failure to include her entry in the yearbook.</ref>

==ACLU and Medical Records==

==Medical Records==

The ACLU filed a friend-of-the-court brief in favor of the privacy of Rush Limbaugh in his medical records when he was under investigation for 'doctor shopping.' The ACLU argued that the privacy rights of a patient were being violated.<ref>http://www.foxnews.com/story/0,2933,108140,00.html</ref>

The ACLU filed a friend-of-the-court brief in favor of the privacy of Rush Limbaugh in his medical records when he was under investigation for 'doctor shopping.' The ACLU argued that the privacy rights of a patient were being violated.<ref>http://www.foxnews.com/story/0,2933,108140,00.html</ref>