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ACLU Travel Alert for STATE OF ARIZONA PDF Print E-mail
Latest News
Wednesday, 30 June 2010

The Arkansas Civil Liberties Union Foundation alerts Arkansas residents to potential threats to the constitutional rights and civil liberties of individuals planning to travel or stay in Arizona.

June 30, 2010

On April 23, 2010, Arizona enacted a state racial profiling law, SB 1070, that has generated fear and confusion among the public about the treatment and rights of Americans in the State of Arizona. Although the law is not scheduled to go into effect until July 29, 2010, and multiple lawsuits have already been filed to prevent it from taking effect at all, a history of rampant racial profiling by law enforcement officials in Maricopa County, Arizona (which includes the cities of Phoenix, Glendale, Mesa, and Scottsdale) and a stated policy of "attrition through enforcement" adopted by lawmakers in the state give credible reason to be concerned even before the date SB 1070 is supposed to go into effect.

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Arkansas Court Strikes Down Parenting Ban PDF Print E-mail
Latest News
Friday, 16 April 2010

Arkansas Court Strikes Down Parenting Ban

Law Barring Unmarried Couples From Adopting And Fostering Deemed Unconstitutional

FOR IMMEDIATE RELEASE

April 16, 2010

LITTLE ROCK, AR – An Arkansas court today struck down a law challenged by the American Civil Liberties Union that bans any unmarried person who lives with a partner from serving as an adoptive or foster parent in the state of Arkansas.  

"We are happy that the court recognized that Act 1 harms Arkansas's foster children because it eliminates potential qualified parents," said Holly Dickson, staff attorney with the ACLU of Arkansas. "We have a critical shortage of homes now and this ban was denying good, loving homes to our most vulnerable children."

The ACLU filed its complaint against the law, known as Act 1, in December 2008. Plaintiffs participating in the case included a lesbian couple who adopted an Arkansas foster child before Act 1 was passed and would like to open their home to a second special needs child, a grandmother who was barred by Act 1 from adopting her own grandchild and several married heterosexual couples who would have been prohibited by Act 1 from arranging for certain friends or relatives to adopt their children if they die or become incapacitated.

"As the proud parents of a former foster child, we are relieved that the court recognized how Act 1 harms the many children in the state in need of homes," said Wendy Rickman, who, along with her partner of 11 years, Stephanie Huffman, would like to provide a home to another child in need.   

In today's order, Judge Christopher C. Piazza of the Pulaski County Circuit Court held that the law casts an unreasonably broad net and did not "serve the State's interest in determining what is in the best interest of the child." He also noted that he was troubled by the fact that the law targeted gay people. The state of Arkansas is expected to appeal the decision.

"This law was harmful to families and children," said Christine Sun, senior counsel with the ACLU Lesbian Gay Bisexual Transgender Project. "The discriminatory policies embodied by this law did a disservice to children in need of a loving home by reducing the number of potential adoptive and foster parents. We are delighted that the court has found that it should not stand."

"This case was fundamentally about protecting some of Arkansas' most vulnerable citizens – children in state care," said Stacey Friedman, attorney with Sullivan and Cromwell, co-counsel with the ACLU. "The court reached the right result. Our firm is honored to be associated with this effort to protect the kids who just want loving, forever families, as well as the couples who want to provide homes for these kids."

Attached:

Order Striking Down Parenting Ban - April 16, 2009
 
Federal Judge Grants ACLU Request To Allow Winter Solstice Display At State Capitol PDF Print E-mail
Latest News
Tuesday, 15 December 2009

Federal Judge Grants ACLU Request To Allow Winter Solstice Display At State Capitol

Group Had Been Illegally Barred From Putting Up Display Despite Meeting State Requirements

FOR IMMEDIATE RELEASE

December 15, 2009

LITTLE ROCK, AR – A federal judge this week granted a request by the American Civil Liberties Union of Arkansas that a temporary Winter Solstice display be allowed to be erected on the grounds of the state Capitol.   
The ACLU of Arkansas filed a federal lawsuit last week charging Arkansas Secretary of State Charlie Daniels with violating the free speech rights of the Arkansas Society of Freethinkers by illegally barring them from putting up their display, despite the fact that it meets the requirements of the state capitol display policy and despite the presence of another display on the grounds.



"This is a victory for freedom of speech in America," said Rita Sklar, Executive Director of the ACLU of Arkansas. "People cannot be arbitrarily denied their constitutionally protected right to free expression in a public forum, and that is exactly what had happened in this case."

In 1993, the Arkansas Secretary of State adopted a policy for "Temporary Displays on State Capitol Grounds." The policy set up a system whereby any person or group could put up a temporary display by meeting certain requirements, including sturdiness and non-interference with pedestrian traffic. The Freethinkers' proposed display met the guidelines of the policy, but was nonetheless rejected by Daniels, who cited an Arkansas statute providing authority to the state capitol police to maintain "proper order and decorum."

On further inquiry, the Secretary of State's office asserted that the proposed display did not have the proper "tone." Later, the office added that a Winter Solstice display would not be consistent with the other displays and decorations at the Capitol. According to court papers filed by the ACLU, the only other temporary display on state capitol grounds is "a crèche with a wood exterior and nativity figures carved out of wood. The display is not decorated with lights or ornamentation of any kind and is devoid of a festive tone."

The Arkansas Society of Freethinkers is a statewide non-profit organization in part dedicated to promoting education and awareness of Freethinkers, their history, activities and holidays. The group filed a written application to put up a display October 16, describing the meaning and history of the Winter Solstice holiday. Though the Society of Freethinkers could have sought to have the existing nativity scene removed, the suit did not request this relief.  Instead, the Society of Freethinkers sought and obtained permission to include their display as part of the celebration, as was intended by the Secretary of State's policy and by the First Amendment.

The Winter Solstice celebration is an ancient tradition that is celebrated by the Freethinkers annually from approximately November 15 to January 5. The Society of Freethinkers asserts that the purpose of the Winter Solstice display is to express some of the members' beliefs and to educate the public about the Winter Solstice and Freethinkers.

Pictures of the Freethinkers display can be seen at: wintersolsticedisplay.info and more information about the ACLU's work on Religious Freedom and Belief can be found at http://www.aclu.org/religion-belief .

Attached:

Opinion and Order Granting Preliminary Injunction - December 16, 2009
 
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