Petition urges wedding for "Modern Family" characters

The American Civil Liberties Union has launched a petition to encourage producers of the television comedy "Modern Family" to allow gay characters Cam and Mitch to marry. 

"[S]eeing them get married, and seeing the characters in the story grapple with their desire to get married, makes it real for a bigger part of America," said James Esseks, director of the Lesbian Gay Bisexual Transgender & AIDS Project at the ACLU.

The ACLU of Colorado wants you for their Board of Directors

The ACLU of Colorado is still looking for members to serve on their Board of Directors.

You can nominate yourself or someone else by emailing the relevant name and bio to nominations@aclu-co.org. Nominations must be received by 5 p.m. on Wednesday, February 29.

The Board of Directors is the governing body which ensures the strategic vision, financial well-being and general oversight of the organization to realize their mission of protecting, defending and expanding civil liberties and civil rights for all Coloradans.

ACLU warns public schools to stop blocking gay Internet sites

The American Civil Liberties Union has sent letters to numerous school districts telling them to cease blocking websites with LGBT content. Some school districts have said that technical problems caused the inadvertent blocking of certain sites. It's important that LGBT students are able to access information at school, especially if they do not enjoy a supportive environment at home, said Joshua Block, an ACLU staff attorney.

ACLU statement on Don't Ask, Don't Tell legislation

Dear ACLU Supporter,

We're on the verge of an historic vote to end a great injustice and need your help to achieve a victory. Please contact your senators right now.

We haven't said this about many Congressional issues lately, but victory is within reach. I'm talking about the repeal of the discriminatory "Don't Ask, Don't Tell" (DADT) policy.

But, we need you to help make this victory happen.

The House voted yesterday to pass a standalone DADT repeal bill. Now, the bill goes to the Senate and could be voted on as early as this weekend.

Please contact your senators right now. Tell them you want "Don't Ask, Don't Tell" repealed.

A federal court has ruled DADT unconstitutional. President Obama, Defense Secretary Gates, and the Chairman of the Joint Chiefs of Staff all support ending DADT. Now that the House has voted to end this discriminatory policy, we must keep the pressure on the Senate. Lesbian, gay and bisexual service members are devoting themselves to our country with courage and distinction. They should never be asked to deny who they are or hide who they love for fear of seeing their military careers terminated.

We're on the verge of an historic vote to end a great injustice and need your help to achieve a victory. Please contact your senators right now.

Thanks for all your support,

Anthony D. Romero Executive Director ACLU

Jobs: Public Policy Director American Civil Liberties Union of Colorado

The American Civil Liberties Union of Colorado is seeking to fill the position of Public Policy Director with an experienced legislative and policy advocate. The Public Policy Director is a member of the ACLU of Colorado’s senior leadership team and is responsible for advancing the civil liberties agenda of the ACLU before the Colorado legislature, executive branch, as well as city, county, or state governmental bodies.

Find out more about the position by clicking here.

The ACLU of Colorado recently added C. Ray Drew as Executive Director and I had the pleasure of meeting him at The Center's recent grand opening. 

According to his bio, "Ray Drew took the helm at the ACLU of Colorado in March 2010. His long history effective leadership uniquely positions him to continue the organization’s 58-year history of defending and expanding civil liberties and civil rights for all Coloradans. Over the past decade he served as the executive director of two organizations devoted to the advancement of LGBT rights: the Family Equality Council, a nationwide advocacy organization for LGBT parents, and most recently, South Carolina Equality."

Job: Development Director for ACLU Colorado

The American Civil Liberties Union of Colorado is looking for a new Development Director.

Check out the job description and get more information here.

American Civil Liberties Union of Colorado looking for new Development Director

The American Civil Liberties Union of Colorado is looking for a new Development Director.

Check out the job description and get more information here.

ACLU sues school district for failing to protect gay youth

The New York Civil Liberties Union has filed a federal lawsuit against the Mohawk Central School Districtin Herkimer County for failing to protect a gay student who does not conform to masculine stereotypes from vicious and relentless harassment, physical abuse and threats of violence.

Over the past two school years, Jacob (pictured), a 14-year-old student at Gregory B. Jarvis Junior/Senior High School, endured escalating harassment for his sexual orientation and for not conforming to masculine stereotypes. He suffered near-constant verbal assault, his personal property has been defaced and broken, and he was regularly pushed and had things thrown at him. This past year, a student knocked Jacob down the stairs and sprained his ankle and a student brought a knife to school and threatened to kill him.

The harassment harmed Jacob’s academic performance and mental health and though the district was repeatedly made aware of the abuse, district officials – including the superintendent and school principal – failed to formerly investigate the harassment, discipline students, or even inform Jacob and his parents of their rights to file complaints under the school’s grievance procedures.

More after the jump.


“Jacob, like all students, has a right to be safe at school,” NYCLU Executive Director Donna Lieberman said. “No child should live in fear because of their sexual orientation, or because they look or act differently than others. That the principal and other school officials would turn their backs on this vulnerable young man is unconscionable. What’s more, it’s illegal.”

The lawsuit was filed in U.S. District Court for the Northern District of New York. It maintains that the school district violated Jacob’s rights under the 14th Amendment; Title IX of the Education Amendments Act of 1972, and state human rights and civil rights laws. It names following defendants: Mohawk Central School District; Joyce Caputo, superintendent of schools; Edward Rinaldo, the school’s principal; and Cynthia Stocker, the district’s equal opportunity compliance officer.

“People always make fun of what they don’t understand, but the school has a responsibility to protect people,” said Jacob, a singer and songwriter who loves the pop singer Pink and dreams of going on American Idol. “I shouldn’t have to fear for my safety at school. No one should.”

Beginning in the seventh grade and continuing through Jacob’s eighth grade year, numerous students relentlessly harassed Jacob because he is gay, dyes his hair, wears eye makeup and speaks in a high-pitched voice. He endured a range of slurs, such as faggot, queer and homo, on a daily basis, occasionally with teachers present. Indeed at least one teacher contributed to this climate of harassment by telling Jacob he should be ashamed of himself for being gay.

Aside from the continuous verbal assault, Jacob has also experienced physical intimidation and violence at school. Students have thrown food at him in the cafeteria; pushed him down the stairs; knocked books from his hands; destroyed or defaced his belongings, including his clothing, cell phone and iPod; and threatened to beat, stab and kill him. When the student who brought a knife to school threatened to kill him, he said he would string Jacob’s “ass up from the flagpole.”

During last school year, Jacob’s father called Principal Rinaldo frequently regarding these incidents and threats. Additionally, Jacob’s mother and stepmother spoke to Rinaldo several times over the phone and in person. Each time, Rinaldo promised to look into the harassment allegations, but he never reported to Jacob’s parents on any steps taken to investigate incidents, the outcome of any such investigations, and any subsequent corrective or disciplinary actions.

“We didn’t want to file this lawsuit, but we had no other choice to keep our son safe,” said Robert Sullivan, Jacob’s father. “But this lawsuit goes beyond Jacob. We’re doing this for all of the kids out there who need help.”

“School district officials have been deliberately indifferent to Jacob’s harassment,” said NYCLU staff attorney Corey Stoughton, lead counsel on the case. “By behaving as though they were powerless to stop the threats and abuse, they not only discriminated against our client, but also violated their own policies and practices for preventing harassment and discrimination.”

School officials violated the district’s anti-harassment policy in several ways. For example, the policy requires the school’s equal opportunity compliance officer to interview all relevant persons involved in a harassment complaint. Yet, Stocker, the compliance officer, interviewed neither Jacob nor his father about the incidents they reported, nor did she file reports on each incident as required by the policy. Likewise neither Stocker nor Rinaldo ever reported the harassment complaints to the proper authorities, in violation of the policy.

At a June 9, 2009 meeting, Rinaldo told Sullivan that he could not guarantee Jacob’s safety at school and stated that the harassment would likely continue in the upcoming school year. Rinaldo and Sullivan agreed that for Jacob’s safety, the young man would not attend school for the remainder of the year except to take his final exams.

The plaintiff is seeking changes to school policies and practices to address the harassment Jacob faces, as well as compensatory and punitive damages.

In addition to Stoughton, attorneys on the case are Christopher Dunn, Galen Sherwin, Ami Sanghvi, Matthew Faiella and Naomi R. Shatz.




Tennessee schools agree to stop online censorship of GLBT information

As a result of a settlement reached in a lawsuit brought by the American Civil Liberties Union, two Tennessee school districts agreed to stop blocking access to online information about lesbian, gay, bisexual and transgender issues. A federal court dismissed the lawsuit against the Metropolitan Nashville Public Schools and Knox County Schools after the settlement was reached.

The ACLU filed the case on May 19 in the U.S. District Court for the Middle District of Tennessee against Metropolitan Nashville Public Schools and Knox County Schools on behalf of three high school students in Nashville, one student in Knoxville and a high school librarian in Knoxville who is also the advisor of the school's Gay-Straight Alliance (GSA).

"We are pleased that a favorable agreement has been reached with the school departments without the need for further litigation. The schools rightly realized that students should be able to access the important information available on the educational Web sites that were being blocked," said Catherine Crump, staff attorney with the ACLU First Amendment Working Group and lead attorney on the case. "This is an important step towards eliminating unconstitutional viewpoint discrimination."

Read more after the jump.


As part of the agreement, the school departments have agreed to stop using "filtering software that blocks or otherwise places a barrier to student or faculty access to the LGBT sites." If they break this agreement, the case will return to the court.

About 80 percent of Tennessee public schools use filtering software provided by Education Networks of America. The ACLU sued the Nashville and Knox school districts after a high school student discovered that the software's default setting blocked sites categorized as LGBT, including the sites of many well-known LGBT organizations. However, the filter did not block access to Web sites that urge LGBT persons to change their sexual orientation or gender identity through so-called "reparative therapy" or "ex-gay" ministries – a practice denounced as dangerous and harmful to young people by such groups as the American Psychological Association and the American Medical Association.

Internet filtering software is mandated in public schools by Tennessee law, which requires schools to implement software to restrict information that is obscene or harmful to minors. However, the "LGBT" filter category does not include material which is sexually gratuitous and already included in the "pornography" filtering category.

"We're pleased that these schools are finally living up to their legal obligation to allow the free and open exchange of ideas and information. Schools that censor educational information out of some misguided assumption that anything about LGBT people is automatically sexual or inappropriate are doing a disservice to their students," said Tricia Herzfeld, staff attorney with the ACLU of Tennessee. "We are pleased that both school boards in this case have agreed to respect students' rights and refrain from this sort of censorship in the future."

In addition to Crump and Herzfeld, attorneys that worked on the case were Chris Hansen of the ACLU First Amendment Working Group and Christine Sun of the ACLU LGBT Project.

Find out more information about the work the ACLU does on behalf of GLBT rights here.



TSA refuses job to man with HIV

The American Civil Liberties Union today filed a complaint with the Transportation Security Administration on behalf of an Air Force Veteran who was refused a job as a baggage screener with the Transportation Security Administration because he has HIV.

“I was looking for a way to be able to serve my country once again and to supplement my income through this financial crisis with the possibility of changing my career. But after a lengthy interview and screening process, I was told that I am incapable and unworthy because I have HIV,” said Michael Lamarre, who worked in intelligence for the National Security Administration while serving in the Air Force from 1984 to 1987. “I am a long term HIV survivor, and it has never interfered in my ability to work. As I have learned having lived with HIV for nearly 20 years, people with HIV need to be able to make a living and support themselves just like everyone else as well as have the right to serve their country.”

More after the jump.


In the spring of 2008, Lamarre applied online for a baggage screening position at the Fort Lauderdale airport with the TSA. He passed an aptitude test in November 2008, and then underwent a comprehensive security clearance. In March 2009, he was finally invited to come in for an interview. At the interview, which included further testing, he was told that he would have to pass a physical. Lamarre was required to disclose that he HIV at the physical. As a result, he was told to submit additional information from his doctor, including his most recent lab results and a form from his doctor stating that his HIV would not interfere with his ability to perform the duties of as baggage screener, which he did.

Lamarre has lived with HIV for 19 years. His viral load is nearly undetectable and he has never had any of the medical conditions associated with AIDS. Just last November he completed a 165 mile bike ride for charity in just 2 days.

Shortly after submitting the additional information, Lamarre received a letter from Comprehensive Health Services, the contractor who administered the physical, saying that he was disqualified for the job because of his HIV status. A copy of the letter is available at http://www.aclu.org/hiv/discrim/39829lgl20090428.html. During follow up calls to Comprehensive Health Services, he was told that the reason he was rejected is because his HIV status makes him more susceptible to virus and infections and that it was for his own benefit.

Today the ACLU filed a complaint on Lamarre’s behalf with the Equal Employment Opportunity Counselor for the Eastern Region of the TSA charging that the TSA is in violation of its own policy barring discrimination against people with disabilities. A copy of TSA’s non-discrimination policy is available on their website at: http://www.tsa.gov/assets/pdf/civil_rights_policy.pdf. The complaint also charges that the refusal to hire Lamarre violated his equal protection guarantees. It asks the TSA to rescind Lamarre’s disqualification from employment.

“In the nearly 20 years that Michael Lamarre has lived with HIV, it has never affected his ability to work,” saidRobert Rosenwald, Director of the LGBT Project of the ACLU of Florida. “HIV discrimination is always wrong, but it is especially shameful when government is behind the discrimination. I hope the TSA recognizes the harm it is causing Michael and our country by refusing to hire a highly motivated and qualified employee.”

“As we have known for quite a while now, people living with HIV can lead long and productive lives and can make significant contributions in all professions, including baggage screeners,” said Dr. Margaret Fischl, MD, director and principal investigator of the AIDS clinical research unit at the University of Miami. “A baggage screener with HIV would pose no risk to others and would be no more likely to become infected with a cold or virus than anyone else working in the airport.”

A copy of the complaint filed by the ACLU as well as the letter notifying Lamarre that he was being disqualified because he has HIV and the paperwork submitted by his doctor stating he is physically capable of performing the duties is available at http://www.aclu.org/hiv/discrim/39827res20090611.html.

In addition to Rosenwald, Lamarre is being represented by Shelbi Day, a staff attorney with the LGBT Project of the ACLU of Florida, James Esseks, co-director of the ACLU’s AIDS Project and Rose Saxe, a staff attorney with the ACLU’s AIDS Project.




ACLU 'deeply disapointed' by Prop. 8 decision

- via Towleroad

ACLU takes on anti-gay bullies (and teachers) and wins

The American Civil Liberties Union announced yesterday that it has reached a settlement agreement with the Vallejo City Unified School District on behalf of a high school student who faced anti-gay harassment and discrimination from teachers and school staff and was required to participate in a school-sponsored “counseling” group designed to discourage students from being lesbian, gay, bisexual, or transgender. The settlement is designed to combat harassment and discrimination based on sexual orientation and gender identity at all the district’s schools, and includes district-wide anti-harassment training for students and staff.

“All I ever wanted was to be able to go to school and just be myself. But I couldn’t do that when the people I was supposed to be learning from were judging me and telling me something was wrong with me. How was I supposed to learn when I was constantly scared?” said Hamilton, a high school student who came out as a lesbian when she was 13.


Read more after the jump.
For Rochelle Hamilton, starting high school was the beginning of relentless verbal harassment and discrimination from teachers and staff based on her sexual orientation and gender expression. Hamilton began attending Vallejo’s Jesse Bethel High School as a sophomore in the fall of 2007. The verbal attacks started almost immediately, and continued for months.

Hamilton became severely depressed and her grades plummeted. Worried for her daughter, Hamilton’s mother, Cheri Hamilton, repeatedly wrote letters, made phone calls, and met in person with school and district officials for several months. After three months of outreach to the school and the district, Cheri Hamilton contacted the American Civil Liberties Union of Northern California for help. The ACLU intervened to resolve the matter with the school district.

Hamilton reports that while some of the harassment she suffered came from other students, most of the time it came from school teachers and staff. Specific incidents included:

· A teacher approached Hamilton while she was hugging her girlfriend and said, “This is ungodly, and you’re going to hell. This is a sin.”

· Another teacher said, “What’s wrong with you? What are you, a man or a woman?”

· Other school staff made repeated harassing comments to Hamilton in front of her classmates, including saying, “it’s not right to be this way.”

· Hamilton was also on several occasions denied access to the girls’ locker room.

“California school districts are required by state law to protect students from harassment and discrimination, including on the basis of sexual orientation and gender identity,” said Elizabeth Gill, an ACLU-NC staff attorney who worked with the district on the settlement. “If a school district ignores anti-gay bias in schools, it is plainly violating both state and federal law. These laws are designed, in part, to ensure that all students are able to learn and thrive free from bias. When it’s left unchecked, harassment can take a serious toll on students.”

One of the most egregious incidents in this case involved a school counselor who required Hamilton to attend a special weekly support group for gay students. The real purpose of the group was quickly revealed, however, when the counselor berated students for “choosing” to be gay and tried to convince them to change their sexual orientation or gender expression. The counselor told the students that it is “hard to get a job if you’re gay.” When Hamilton’s mother went to school officials about the “counseling” group, the counselor confronted Hamilton the next week, telling her, “You’re going to get this treatment your whole life. What are you going to do, stand up every time?”

“The district-wide anti-harassment training will make Vallejo schools a more welcoming place to learn for all students,” said Jory Steele, ACLU-NC’s managing attorney. “District administrators made the right move in taking important steps to protect its students from bias.”

Hamilton transferred out of Jesse Bethel High School midway through her sophomore year to escape the daily harassment. She is now completing her junior year at another high school in the district.

Pursuant to the five-year agreement reached with the ACLU, the district will adopt a clear policy explicitly prohibiting discrimination and harassment based on sexual orientation or gender identity, as required by California law; develop a specific procedure for harassment and discrimination complaints; provide mandatory training for all teachers and other staff who interact with students in how to identify anti-gay harassment and discrimination, why it’s harmful, and how to prevent it; and provide mandatory anti-harassment training to all students in the district, as well as taking other steps to make the district a more welcoming environment for lesbian, gay, bisexual and transgender students.