News & Commentary

For many high school students, this time of year means one thing: PROM! The annual dance ritual is a highlight for lots of students, but for others it’s just another occasion to be ridiculed and bullied. That is, unless they go to the Rainbow Ball, an open and affirming prom weekend for LGBT youth and their allies, held annually in Machias.   We know from a recent survey that eight out of ten LGBT students report harassment at their school within the past year based on their sexual orientation. Transgender students experience even more hostile school climates. At the Rainbow Ball, students don’t have to worry about that. They’re provided (at no cost) a weekend full of activities, talent shows and workshops, culminating with the Saturday evening prom. It’s a chance to be themselves and enjoy their teenage years without the fear of bullying or harassment.   The ACLU of Maine was proud to be back at the Rainbow Ball again this year, and we were pleased to present our newest workshop on Maine’s new anti-bullying law. We led this workshop three times during a student conference we held at Freeport High School earlier this month, and it was great to discuss issues of bullying with students at the Rainbow Ball again this weekend. The new law provides much greater protections for students, and we want to make sure that every young person is aware that their school can no longer turn a blind eye to any incident of bullying.   However, for all the fun inherent in an event like this, there was some sadness too. Hearing student after student telling their story of bullying was difficult to hear. Several students remarked that they had considered committing suicide or cutting because the taunting got so bad. Many others stressed that for them, bullying isn’t just a few isolated incidents – it’s a systemic problem. One young boy told me he still had trouble getting close to anyone, even people who were friendly, because of all the bullying he endured in elementary school. It’s difficult enough to listen to these stories; I can’t even imagine what it’s like to live them every day.   Bullying is a problem for all students, but few groups bear the brunt harder than LGBT youth. The new anti-bullying law provides clear protections for them, and we’ll continue to educate students so they’re aware of their rights under the new law. In the meantime, we’re glad that the students in attendance this weekend were able to let loose and enjoy their prom without fear. They deserve it.

Each Friday, we’ll bring you updates on the latest civil liberties news from Maine and the nation. Immigration Reform The highly anticipated comprehensive immigration reform bill dropped this week. At the ACLU, we celebrate the possibility of a pathway to citizenship for more than 11 million people in this country. As you can read here, eight in 10 Americans support a fair immigration system.  While the bill as drafted contains some concerning provisions (See our blog about the E-verify system), we are, on the whole, excited about the prospect of more people having more rights as citizens. ACLU lawyers are currently digging through more than 800 pages of the proposed bill armed with their civil liberties expertise. The Washington post gave their overview here. Other media can be read here, here, and here.   CISPA The House passed an overreaching "cyber security" bill on Thursday known as CISPA.  CISPA could compromise your electronic privacy by allowing companies to share private information (for a full breakdown of what it says and what it should say, visit our resource CISPA Explained). Fortunately, the president shares some of our concerns and has threatened to veto the bill. Read a New York Times technology article on CISPA here. Forced Blood Tests at the Side of the Road: The Supreme Court ruled in Missouri v. McNeely that the warrantless blood test of a man suspected of drunk driving was an unconstitutional search. ACLU legal director Steve Shapiro, who argued the case in the Court, was quoted here saying, “Today’s decision appropriately recognizes what half the states have already demonstrated -- that maintaining highway safety does not require sacrificing personal privacy” ACLU Sues Flower Shop for Discrimination The ACLU affiliate in Washington state filed a lawsuit on behalf of a gay couple denied service at a flower shop for their upcoming wedding. Read more in this news story.   Texas Execution Texas executed its third death row inmate this year, the eight execution in the country this year. Read more here.

Saturday was a beautiful and sunny day here in Southern Maine, but I spent it inside.  I had the opportunity to present a "know your rights" training to a group of students at Cape Elizabeth High School who were involved with their Gay, Straight and Transgender Alliance (GSTA). Because it was a small group, I had the privilege of sharing some of my own personal story with the students present.  While talking about going to high school in the late 90s, it occurred to me that several of these students were just being born when I graduated. Their whole lives have occurred since I finished my senior year and began my undergraduate studies! When I was in high school at a private, religious institution, it was against the student code to be gay or lesbian. Public schools cannot legally have rules like that in place, but many of the schools here in Maine realize they have to go the extra mile to help Lesbian, Gay, Bisexual and Transgender (LGBT) students feel welcome and safe. This Saturday, I met teachers who were a prime example of the kind of caring and compassionate professionals who work hard to eliminate bias and bullying in the hallways and classrooms across our state. The students themselves work to educate one another on how to be more open and inclusive. I get to show up for a presentation and take it all in.  Bullying is this awful thing that those of us who did not attend school in the age of social media cannot fully understand. There's never a break and too often, LGBT students are targets. A young woman took her own life last week in our state. Allegedly, she was the target of bullying because she was exploring her sexuality.  Stories like hers break my heart. Days like Saturday help it heal.  Our sympathy to this young woman's family, friends and teachers who are trying to sort through grief and the wide range of emotions that comes with it. We've come so far and sometimes, it is not always enough. We know there is more work to be done and we are committed to doing it.  If you are a youth who is feeling alone, confused or in crisis, please call The Trevor Lifeline at 1-866-488-7386 for immediate help or visit the Trevor Project online. 

Each Friday, we’ll bring you updates on the latest civil liberties news from Maine and the nation. Transgender Athletes: The Maine Principals’ Association approved a policy for transgender athletes in Maine’s high schools. Equality Maine applauded the decision and the effort of the Maine Principals’ Association to make athletic participation more accessible to transgender students. Read the Bangor Daily News article here.   Marriage at the Supreme Court: Prop 8 The Supreme Court this week heard two court cases dealing with same-sex marriage this week. On Tuesday, the court heard Hollingsworth V. Perry, Commonly referred to as the “Prop 8” case.  When the California Supreme Court legalized same-sex marriage, California passed Proposition 8, which amended the state constitution there to overturn the Supreme Court’s decision. It’s gone through some interesting legal turns since: see a break down here. The ACLU filed an amicus brief in the case that will hopefully end in marriage being legal, at a minimum, in California.   Defense of Marriage Act On Wednesday, the Supreme Court heard United States v. Windsor, a challenge to the Defense of Marriage Act brought in part by the ACLU. When her partner Thea died, Edie had to pay an extraordinary sum in taxes that she wouldn't have had to pay if the federal government recognized their marriage. Read more about how the ACLU helped get to this moment. Watch a moving video of Edie Windsor here.   Cellphone Location Data: If somebody knows where you are, they can figure out who you are. That somebody could be the government or a private corporation, but in a report published this week, it was researchers at MIT and Harvard who revealed that, “anonymized cell phone location data demonstrate patterns of behavior that could be used to identify a person.” In this case, they did so with 95 percent accuracy. Read the Slate article here. Read Edwards blog post on cell phone tracking here.

It's Tuesday, but I'm still coming down from a very full weekend! My partner Trish and I were busy attending the annual Equality Maine dinner, visiting with friends, sharing a birthday dinner with my brother in Boston and taking in a hockey game. Somehow, we managed to find time to start planning our wedding. We spent almost a whole day looking at venues, thinking about a guest list, talking to a photographer and wondering whether or not the Supreme Court of the United States would overturn Section 3 of the Defense of Marriage Act.  Not your typical wedding planning conversation, I'm sure.  But this morning, I was reminded of this law that would prevent our Maine marriage from being recognized federally as I dropped Trish off at the airport so she could return home to Toronto, Ontario. A Canadian citizen by birth, Trish would like to immigrate to the United States to live, work and start a family with me, her American partner. Because of the Defense of Marriage Act, I cannot sponsor Trish for spousal immigration, even though we could legally marry here in Maine. Actually, if we were to marry here or in Canada, where same-sex marriage has been legal since 2004, we might be prevented from traveling back and forth to see one another. Though we want to set a date and take our vows, we wait instead, not wanting to eliminate the few long weekends we currently get to spend together as a "normal" couple - grocery shopping, doing laundry and watching the morning news.  That wait is almost over, however, as the Supreme Court will hear Windsor v The United States tomorrow. The case, brought forward by the ACLU, could determine that Section 3 of the Defense of Marriage Act is unconstitutional. Trish and I are hopeful for ourselves, for Edie Windsor, for the 30,000 same-sex bi-national couples in our situation and the hundreds of thousands of same-sex couples who simply want federal recognition of their state based legal marriages.  It might be until June before the highest court in our land makes a final ruling, but anyone in the wedding industry knows that June is only the start of Maine's biggest season for weddings. I hope to marry Trish sooner, rather than later, so we can begin our lives together without a two hour flight or an outdated law separating us.  Check back in with us for updates along the way - we're so proud of our national LGBT rights project and all of their good work. This article is a great read for some history of how we got to where we are today, and for how we hope to continue to move forward after tomorrow. 

Each Friday, we’ll bring you updates on the latest civil liberties news from Maine and the nation. Government Transparency: Today, the ACLU and others told the Maine Legislature’s Transportation Committee that the public has a right to know about public-private transportation projects. Currently, information about public-private partnership projects are kept secret. A proposed law would change that. Read more here.   March Anti-Choice Madness: Mother Jones had a bracket you probably won't see around the office: An anti-choice March Madness bracket. Underdog North Dakota worked hard to become this year’s anti-choice champions. One bill banned abortions as early as 6 weeks, before many women would know that they’re pregnant. Click here to see the Anti-Choice March Madness bracket.  Click here to read the USA Today story. Same-sex marriage: Nationwide support for same-sex marriage jumped to an all-time high of 58%, according to a new Washington Post-ABC News poll. And next week, the Supreme Court will hear two cases on marriage equality. One of those is Edie Windsor’s challenge to DOMA - click here to hear the story by Nina Totenberg. Some think the marriage cases could define this Supreme Court’s legacy. GPS Location Tracking Bill: Yesterday, the Maine Legislature’s Judiciary Committee heard testimony on a bill that would require law enforcement to obtain a warrant before getting access to an individual’s present or historical location information. Said Shenna Bellows, “It’s no longer acceptable to say 'if you want to protect your privacy, don’t use the technology.' Cell phones and GPS devices are unavoidable necessities of modern life for most people, and using them should not make us subject to unchecked monitoring by the police.” Read more about that here.

Each Friday, we’ll bring you updates on the latest civil liberties news from Maine and the nation. Solitary Confinement Report: From 2009 to present, Maine has reduced its population being held in its solitary confinement Special Management Unit by over 70 percent. Earlier this week, we released a report on how this happened called Change is Possible: A Case Study of Solitary Confinement Reform in Maine. The report documents a successful seven-year effort to reduce the use of solitary confinement in Maine. Read the report, view a slideshow of images from Maine State Prison, and learn how to take action here.   In LGBT rights: On Tuesday, Colorado passed legislation legalizing civil unions for same-sex couples. Two Wednesdays from now, the Supreme Court will hear a challenge to the Defense of Marriage Act (DOMA) brought by Edie Windsor. You can learn more in this Reuters column. The boy scouts of America will survey its members about attitudes around lifting the ban on gay scouts. Read more here or here   Death Penalty: Maryland will likely become the 18th state to reject the death penalty. A man exonerated from his death sentence was at the Maryland state house while the legislature voted. Read about that here. Meanwhile opponents of the death penalty in Delaware have introduced legislation to repeal the death penalty in that state. The governor there has not yet taken a position on the issue.

Each Friday, we’ll bring you updates on the latest civil liberties news from Maine and the nation. This week, we bring you highlights from around the country, courtesy of the nationwide ACLU. “Today is March 1st – the start of Women’s History Month, which is dedicated to honoring women throughout history who have taken part in the movement to advance women’s rights. Over the years, women have fought tirelessly against discrimination to break down the social and economic barriers to gender equality.” Read more. “More than 45 briefs from religious leaders, members of Congress, retired military generals, children's advocacy groups, civil rights groups and others will be filed today in support of Edith "Edie" Windsor's challenge before the U.S. Supreme Court to the Defense of Marriage Act (DOMA).” Read more. “The use of surveillance drones is growing rapidly in the United States, but we know little about how the federal government employs this new technology. Now, new information obtained by the ACLU shows for the first time that the U.S. Marshals Service has experimented with using drones for domestic surveillance.” Read more. “During the signing ceremony of the Voting Rights Act, President Lyndon B. Johnson characterized the law as "one of the most monumental laws in the entire history of American freedom." Since that day, this landmark civil rights law has steadily and surely defeated and deterred countless discriminatory and varied barriers to the ballot.” Read more.

Yesterday, we participated in an LGBT forum at the State House. Twenty senators and representatives from both sides of the aisle attended. Alongside our partners Equality Maine and GLAD from the Yes on 1 campaign, we briefed legislators on marriage equality, since the new law went into effect just a few weeks ago.  On December 29, 2012, Mainers in same-sex relationships were finally given the right to marry their partners. Public officials, like town clerks and notaries who perform marriages, may not refuse to marry same-sex couples.  That would be discrimination under Maine law. The new law makes clear that no religious institution is required to perform same-sex marriages. As we get further into the legislative session, we're on the look out for bills that would allow public officials to used religion to discriminate against same-sex couples.  But for now, we're happy to report that we have not heard any stories of same-sex couples being discriminated against at the altar!