News & Commentary

“Through learning to care for other human beings, they’ve found their own humanity.” Those were the words of Kandyce Powell, executive director of the Maine Hospice Council, at the opening of a two-day conference at Maine State Prison this week. She was speaking about the twelve inmates who she has helped become the prison’s first volunteer hospice team. With no tangible reward whatsoever and no “good time” off, these men have chosen to provide end-of-life care to their fellow inmates at the prison, making sure that they are comfortable in their last days and that they have a friendly face to talk to as they prepare to die behind bars. The hospice team is the fruit of over a decade’s worth of labor by Kandyce and other committed members of the Hospice Council. It’s a truly unique sight to behold and it shatters so many of the stereotypes we hold about prisoners. It’s also an unfortunate sign of the times. The number of elderly people in our prisons is growing rapidly as a result of overincarceration and extreme sentencing policies. In 1981, there were 8,853 state and federal prisoners age 55 and older. Today, that number stands at 124,900, and experts project that by 2030 this number will be over 400,000. How we deal with this rapidly aging prison population was one of the central themes of the conference, and one of the major questions facing our nation in the years to come. Shenna spoke eloquently about the issue on the first day of the conference, repeatedly referencing an ACLU report that was released last year and provides some remarkable statistics that show the extent of the problem. (You can read the full report here.) The reality is that a significant portion of elderly prisoners pose no threat to society, yet we continue to lock them up at an astounding cost to taxpayers. With state budgets in dire straits, and with the United States continuing to hold the infamous title of “world’s largest incarcerator,” the time has come to rethink our criminal justice system. Everyone who attended this week’s conference was treated to unique moments of humanity and joy that helped inspire us to believe that rehabilitation for those who have committed even the most serious crimes is not impossible. We were regaled with beautiful and gut-wrenching songs of love and forgiveness from the inmate-led band, “Sounds of Comfort,” and it became clear that people can change. We witnessed touching moments with inmates hugging strangers and crying in their arms. We felt the good that can come from a bad situation, and saw first hand what atonement can do to a person. It’s hard to capture just how eloquent the men were when they spoke of the journey of self-discovery that the hospice program has taken them on. “This has been a lifesaver for me,” said Al, one of the longest-serving volunteers. “It’s given me new life and a future and I hope to do it when I get out in 5 ½ years.” On the other end of the spectrum is Sergio, who came straight from high school to prison and is one of the youngest members of the team. He said he never even knew what hospice was before, but now he “can’t even count how many ways it’s changed (his) life.” Both of them have, as Kandyce put it, have “found their own humanity.” This was the second year that the ACLU of Maine has co-sponsored this conference, which is presented by the Maine Hospice Council and the Maine Department of Corrections. We’re proud to be part of the event, but it’s especially important that we give credit to all the staff at the prison for allowing this program to go forward. Several of the inmates spoke directly to the support they’ve received from nurses and even guards who appreciate what they’re doing and recognize the positive impact it can have on the prison culture. When you combine this with the good work that the Department of Corrections has done to reduce solitary confinement, it is clear that Maine is moving in the right direction when it comes to prison reform, and that is no small thing given the trends we’ve documented nationwide. The ACLU and other like-minded organizations have surely played a role in making this happen, but without the buy-in from the people who work in corrections – many of whom have extremely difficult and thankless jobs – these types of programs simply could not thrive, let alone exist. If you would like to learn more about the hospice program, I strongly encourage you to check out an in-depth series produced by MPBN on the men and the work they’re doing in the prison. (Here’s Part 1, Part 2, and Part 3.) WABI-TV also ran a nice piece on the conference on Tuesday that you can watch here. As we discussed at the conference, the general public’s view of prisoners and what they’re capable of is greatly skewed from reality. The more we can spread the message that no human being is beyond saving and that humanity can be discovered in the least expected places, the faster we can begin to change our criminal justice system so that fewer people are spending their final days on Earth behind bars.

The wonderful winds of change continue to blow this morning as the Supreme Court hands down two decisions that protect the rights of same-sex couples. The first decision handed down by the court was in the case of The United States v. Windsor, which The ACLU brought on behalf of Edie Windsor. In a 5-4 Decision, the court struck down the infamous Defense of Marriage Act (DOMA). Justice Kennedy wrote the opinion for the majority saying that “DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others.” Kennedy is joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan. This decision ensures equal protection to all same sex couples who are legally married in their states.  Under DOMA, the federal government treated same-sex married couples differently by refusing to recognize their marriages. There are more than 1100 places in federal laws and programs where being married affords people certain rights and privileges. Under DOMA same-sex couples who were legally married were denied these protections. In this case, after the death of her wife, Windsor was forced to pay $363,053 in estate taxes, which she would not have had to pay if she was married to a man, because she was denied the the estate tax exemption for surviving spouses. With this decision, same-sex couples will receive the same protections under the law as any other married couple. Dissenting, Justice Scalia claimed that in this decision, the court was overstepping its jurisdiction and represented “an exalted notion of the role of this court in American democratic society.” Scalia is joined by Chief Justice Roberts and Justices Thomas and Alito. In the next case of Hollingsworth v. Perry, the court was tasked with ruling on legality of California’s Proposition 8, which barred same-sex marriage in that state.  A lower court had overturned Prop 8 and its proponents appealed that ruling to the Supreme Court. In a 5-4 decision, The Court sidestepped a decision on the merits of the case, instead determining the petitioners did not have proper standing to bring the case.  With this decision, the court decided that it did not have proper jurisdiction to rule on the case, meaning Prop 8 will not be law in California and same-sex marriage remains legal in that state! Chief Justice John Roberts wrote the opinion and was joined by Scalia, Ginsburg, Breyer, and Kagan. These are both incredibly important decisions for the protection of the rights of all people!  There is still a long way to go, but these are imperative steps in the right direction.  All are invited to join the ACLU of Maine and friends today at 5:00 PM on the steps of Portland City Hall to celebrate to overturning of DOMA and the Federal Government's long overdue recognition of ALL married couples! I will see you there. Wear red!

Last week, I was privileged to participate in a briefing for legislators and staff at the Massachusetts State House, in connection with the introduction of legislation to reform the use of solitary confinement Massachusetts correctional facilities. I shared the dais with Senator James Eldridge; Representative Elizabeth Malia; Dr. Stuart Grassian; Attorney Robert Fleischner from the Center from Public Representation; and Organizer Jose Bou, who spent time in solitary confinement. Leslie Walker, from Massachusetts Prison Legal Services, organized and moderated the panel. For my part, I shared some of the lessons that we learned during the Maine campaign--chief among them that prisons can be better and safer when there is less solitary confinement and when conditions in solitary confinement units are improved. I warned the legislators and staffers that they would be told that solitary confinement was an indispensable tool for prison management, but that they should not believe it--Maine's reform efforts prove that reducing the use of solitary actually can reduce violence and disruption. (More detailed lessons from the Maine campaign can be found in my report, "Change Is Possible"). We will, of course, be watching the Massachusetts campaign closely, and helping out as much as we can. 

Each Friday, we’ll bring you updates on the latest civil liberties news from Maine and the nation. Victory!  Drones and Privacy

We shouldn’t have to fear that our government could use unmanned drones to spy us, right?  Unfortunately, advanced technology makes the specter of wide scale backyard surveillance a very real and terrifying possibility. Yesterday, the Maine State House took a very important step toward protecting these privacy rights by voting in favor of the minority report for LD 236, which would require a warrant before police could use drones to spy on people in most cases.  The vote could not have been more timely.  In Washington D.C., FBI Director Robert Mueller yesterday admitted for the first time that the FBI has been using drones to carry out surveillance within the United States.  It's another example, to go with recent NSA spying revelations, of the extraordinary surveillance powers that our government will eagerly adopt unless we enact meaningful congressional oversight and public transparency.

Today, we had a BIG win for privacy when the house passed LD 236, otherwise known as the drone bill! We were excited to see that 108 House members voted to require warrants for law enforcement use of drone surveillance. We will wait for the Senate to engross the bill but for now, we feel hopeful that this is well on its way to the Governor's desk. Sadly, we lost the opportunity to amend Maine's constitution to allow for true early voting. LD 156, would have allowed town's to adopt early voting, allowing for voters to cast ballots in person right away, according to their town's process. No town or city would have been mandated to adopt early voting - and the issue would have gone out to voters to finally decide if it had passed. Because it was a constitutional amendment, the bill needed 2/3rds of the House to pass. We came short by just 6 votes.  Win some, lose some. That's what happens here. But as we wait in the Senate for the next steps to be taken to protect the privacy of Mainers, today feels like a victory overall. 

Hello there! My name is Sam Campbell. I’m very excited to be working with the ACLU of Maine this summer as an intern. I was born and raised in Portland, graduated from Portland High School in 2010, and just finished my junior year at Muhlenberg College in Pennsylvania.  I am a Political Science major with a minor in Sociology, and am very passionate about the need to stand up against the flaws and inequalities in the American criminal justice system and working to combat the growing corruption and corrosive influence of money at all levels of government.  I am also very strong supporter of environmental protection.  As a lifelong Maine resident, I have had a love of the outdoors since I was young, and have spent many a summer canoeing some of Maine’s famous waterways.  No matter what my future may bring, I will continue to fight to protect this irreplaceable natural resource so that generations to come will be able to enjoy the beauty and splendor of our lakes and rivers just as I have.   I will be assisting the ACLU of Maine this summer with their work on justice issues.  My current undertaking with the ACLU of Maine, as well as ACLU members around the country, has been to sift through state and federal government documents related to the growing militarization of local police forces. These documents were acquired through a nationwide Freedom of Information request. They provide an invaluable look into the often concerning practice of providing military grade weapons and vehicles to local law enforcement agencies, often for the purpose of fighting the war on drugs.  This emphasis on increased militarization of the War on Drugs is especially concerning for a number reasons: despite the incredible amount of money, time, and effort that have been poured into the drug war, there has been no decrease in the number of users since its inception.  The drug war has, however, succeeded in giving the United States the single largest incarcerated population in the world, and as more and more military weapons and tactics are being employed in the drug war, we see the number of innocent casualties rise at an astonishing rate.  For more information on the work that we are doing with police militarization and this Freedom of Information request, click here.   Additionally, for the past few days I have been working to raise awareness among Mainers about a bill which the Maine House of Representatives is voting on today (Wednesday, June 19th.) This bill (the minority report on LD 236) would ensure that a warrant must be issued before Maine police can employ surveillance drones to watch suspects.  Without this bill, law enforcement agencies will be able to use drones to watch people without warrants or any meaningful oversight.  We see this as a stark violation of the right to privacy afforded by the 4th amendment.  If you feel as passionately as we do about this, and if you haven’t already, I would suggest that you consider contacting your state representative to let them know you support this bill.   I look forward to working with the ACLU of Maine this summer and I anxiously anticipate the chance to make a real difference and to learn exactly how an organization like this operates in order to effectively help people and defend our rights. Expect to hear from me again very soon.

This weekend the ACLU of Maine marched in the Southern Maine Pride Parade, and we couldn't have had a better time. The weather was gorgeous, the crowd was passionate, and our contingent of marchers had a great time showing their pride and waving at the many well-wishers that lined the streets of downtown Portland. Throughout the parade we showed off signs that read "I'm on Team Edie," in reference to Edie Windsor, the ACLU's client in our landmark lawsuit challenging the Defense of Marriage Act. Many people instantly recognized the reference, and for those that didn't we were happy to explain. (You can learn more about Edie and her case by clicking here.) It was great to be part of Southern Maine Pride again this year, and much like last year's event felt like a precursor to a big victory at the polls in November, we hope that this year's parade foreshadows a big win at the Supreme Court later this month. The Court is likely to hand down their decision on Edie's case in the next couple weeks, but we don't know the exact date yet. Thank you to everyone who marched with us, and here are a few photos from the day:

Today, the U.S. Supreme Court unanimously invalidated patents on two genes associated with hereditary breast and ovarian cancer in response to a lawsuit filed by the American Civil Liberties Union and the Public Patent Foundation. This is a huge victory not only for those seeking to have their genes tested in order to make informed medical decisions but for civil liberties, scientific freedom, patients, and the future of personalized medicine.