News & Commentary

Last week, I attended the Greater Flint Branch of the ACLU of Michigan’s annual dinner where the sold out and enthusiastic crowd showed that the defense of civil liberties was alive and well in Flint!As a native of Lapeer, meeting and honoring those who have worked and continue to work to preserve civil liberties in the Flint area was a wonderful way to begin my summer as a legal intern with the ACLU of Michigan.The dinner honored Judge Paul V. Gadola as the Thomas A. Baltus Civil Libertarian of the Year. Judge Gadola, a founding member of the Flint Branch who recently concluded over 20 years of service on the federal bench, shared a few of the highlights of his distinguished career and spoke about the experiences that shaped his commitment to civil liberties.Judge Gadola specifically pointed to the racial discrimination and inequalities that existed in Flint as prompting him to help found the Flint Branch of the ACLU in 1963. He described community efforts to address residential segregation in Flint through the Flint Fair Housing Ordinance. On his part this included a 3 a.m. trip to the courthouse to ensure that supporters of the ordinance could rally for its passage in front of city hall the next day.Judge Gadola also spoke about what he felt was the most important decision of his career, granting habeas corpus to a woman convicted of first-degree murder on the grounds that she was denied her right to effective assistance of counsel under the Sixth Amendment.Although Judge Gadola’s decision in that case was overturned, the ACLU of Michigan continues to defend the right to counsel through their current challenge to Michigan’s indigent defense system in Duncan v. Michigan and by working as part of the Michigan Campaign for Justice to advance legislative reforms to the system.While Judge Gadola, a Republican and Reagan appointee, might not be the type of person who comes to mind as a “card carrying” member of the ACLU, his career demonstrates that a commitment to civil liberties transcends political labels and stereotypes.Thank you to the Flint Branch for a great evening and inspiration to last the summer!By Libby Benton, first year at Harvard Law School, intern with the ACLU of Michigan through the summer

Jess

You’ve seen the billboards and heard the public service announcements – time has run out! Starting today you will need a Western Hemisphere Travel Initiative compliant document to cross the border. That means all Michigan residents crossing any land or sea border, including crossing to and from Canada, will be required to produce either a federal passport, a federally issued passcard, or a state issued Michigan Enhanced Driver’s License. The Michigan Secretary of State has been offering the Enhanced Driver’s License (EDL) for a couple of months now and we’ve been sounding the alarm bells since. You see this optional license/ID card will use an unencrypted Radio Frequency Identification chip that contains a unique citizen ID number. RFIDs are tiny computer chips connected to miniature antennae with sufficient capacity to hold an enormous amount of data. These tags can be read by anyone with a reader from 30 feet to a football field away, through your wallet and even walls. The state could have secured these chips by encrypting them or insisting that they be short-range, but instead they decided to enter into an agreement with the Department of Homeland Security that makes it mandatory to have unencrypted long-range chips. You may be asking yourself why -- why would they put our private information at risk? Their answer is that the card only includes a unique identification number. That’s true, but unfortunately the identification number will become a key, like the current social security number, to unlocking all kinds of information about you. The EDL is also issued with a protective sleeve to prevent the stealing of information from the unencrypted RFID, but that offers little protection given the frequency with which we are required to produce our driver’s license as a verifying document. More frightening is that a reader, able to capture the information from your RFID and able to easily clone RFID’s, are readily available and cheap. So, not only can your license be read at a distance by random scanners, there are no laws that prohibit the skimming of information on RFID, nor the use of such information by commercial brokers. By contrast, acknowledging that social security numbers are the key to identity theft, our laws prohibit their publication and criminalize their misuse. Given the emerging controversy about RFID (Canada has taken a step back to review their use); at the very least the Governor should employ her new Chief Privacy Officer to conduct a review and begin a public debate about the use of RFID. Since the technology is evolving at such a rapid pace, it seems critical that Michigan have laws in place that address and criminalize the misuse of the technology.

Rola

With Spring comes prom season for our nation’s high schools and for some Lesbian, Gay, Bisexual and Transgender students, with prom season comes controversy as they try to bring a same gender date to the prom. LGBT students, like other students, have the right to participate in this rite of passage and to bring dates of their choice. But even in 2009, some public high schools have a problem with this. What schools may not know is that who you decide to bring to the prom is constitutionally protected speech, guaranteed by the First Amendment in our constitution. In 1980, a federal court upheld the right of student, Aaron Fricke, to bring a same-sex date to his Rhode Island high school prom. It didn’t matter that some students and parents disapproved of Aaron’s choice because his decision was constitutionally protected freedom of expression. The First Amendment not only protects your choice date, but it also protects what students wear to the prom. For instance, female students have the right to wear a tuxedo instead of a dress. The same rule applies if a male student decided to wear a formal dress. School districts can have dress codes, but if tuxedos and formal dress are a part of that dress code then any student should be allowed to wear them. The ACLU has assisted countless LGBT students who experienced problems around prom time through the years and has even developed a website to provide assistance to students encountering difficulties because of their choice of date or dress: www.aclu.org/lgbtprom. If you’re experiencing any problems with your school administration over your date or dress at the prom contact me at kaplan@aclumich.org or 313-578-6812.

Barbara Hernandez was 14 years old when she ran away from home to escape sexual abuse. Like many teenage runaways, she became involved with an older man who pushed her into prostitution and drugs. He eventually manipulated her into luring a man into the house they shared and after Barbara left the room, killed the man. Barbara Hernandez was tried and sentenced to life without any possibility of parole and will almost certainly die in Michigan’s prison system. Barbara Hernandez is one of close to 350 people in Michigan prisons who, as children under 18, have been given life without possibility of parole sentences. Henry Hill, whose story was told on Sunday in the Detroit Free Press, is another of these young people – disproportionately poor, Black or Latino, cognitively impaired and/or survivors of abuse and neglect – who, under current law in Michigan, simply do not qualify for a second chance. This Wednesday, May 6, the Michigan House Judiciary Committee will take up several reform bills that would put an end to the mandatory sentencing law that has tied judges’ hands in Michigan since the 1980’s.

It takes an incredible amount of courage to face one’s attacker in court – to look them in the eye and tell the truth as you have experienced it. According to one study, between five and twenty-five percent of rape cases are reported to the police, and only one in five of this small percentage actually reaches trial. It is hard enough for survivors to come forward. We should not erect additional barriers to prevent individuals from exercising their fundamental right to access our justice system. And yet that is exactly what the Michigan Supreme Court’s proposed rule of evidence would do. The Court is considering a rule that would authorize judges to control a witness’s appearance in the courtroom. While seemingly innocuous on its face, it is clear that it was proposed to specifically authorize judges to bar Muslim women who wear niqab, a veil that covers the lover part of the face to testify in court unless they remove their veil. The rule was proposed in reaction to a lawsuit brought on by a Muslim woman whose small claims lawsuit was dismissed because she refused to remove her veil. However, it is easy to imagine a situation where the individual could be a victim of a violent crime or a rape survivor. In this situation, a woman who would like to bring a criminal claim against her assailant would have to choose between justice and religious beliefs – a choice that no one should have to make. In essence, imposing this requirement could mean women who wear a niqab could be raped with impunity. This is unacceptable. Our constitution simply cannot tolerate conditioning one of our most protected rights upon the abandonment of the free exercise of religion. It is sometimes easy to distance ourselves from discrimination against individuals who exercise religious beliefs that are foreign from our own behavior. “My religion doesn’t require me to do X,” we say, “so what do I care if the government discriminates against people who do X.” We all suffer, however, when individuals lose their right of access to the courts. The goddess of justice may be blind, but we cannot turn a blind eye to this type of religious discrimination.

It’s no surprise that women tend to be hurt first and worst during economic downturns. The reasons may be multifaceted, but one thing is apparent – despite 45 years since the passage of the Equal Pay Act – women still earn only 78 cents for every dollar that men earn. The statistics are even worse for women of color. And as we commemorate Equal Pay Day, the point into the year that a woman must work to earn as much as a man earned in the past year, we must urge Congress to make long-lasting changes. For too long, women have not been able to bring home all of what they rightfully earn. But there is a legislative solution - the Paycheck Fairness Act – a bill that would finally close the loopholes and weak remedies that have made the Equal Pay Act less effective in combating wage discrimination. Passing this law is especially critical for the women of Michigan during this economic crisis. And because of the rising unemployment rates, families are relying more than ever on women’s income – making pay equity even more necessary, not only to families’ economic security, but also to the nation's economic recovery. You can make a difference by taking these easy steps: