E-News for ACLU-AL Friends

FEBRUARY 2009

FIGHTING FOR CIVIL LIBERTIES IN ALABAMA SINCE 1965

 

ACLU Celebrates Black History Month

The Fight to Preserve and Extend Constitutional Rights of All Racial and Ethnic Minorities

 

“The real question is whether you mean to make good to us the promises of your constitution.” 

-- Frederick Douglass, speaking at the Republican National Convention of 1876

                        

Although important gains in legal, political, social, employment and educational spheres have been made, our nation has yet to break free of racial injustice. From public educational institutions where students of color are often confined to racially isolated and inferior schools, to a  criminal justice system that disproportionately targets people of color, to anti-immigrant legislation and housing starkly segregated by race and class, the dream of full equality remains elusive.

 

While the law provides equal opportunity in theory, it is too often denied in fact. The ACLU aims to preserve and extend constitutionally guaranteed rights to people who have historically been denied their rights on the basis of race and ethnicity.

 

The ACLU’s presence in Alabama can be directly attributed to the fight for racial equality. The ACLU first came to Alabama in the 1930s when it raised money for the defense of the Scottsboro Boys, and the Alabama affiliate office was established in 1965 to thwart the government’s attempts to break the back of the civil rights movement. 

 

 

It is the ACLU’s mission to make sure that Frederick Douglas’ question of making good the promises of the constitution is answered with a resounding Yes! – for all of our nation’s people.  Here are a few examples of the many racial justice cases in which the ACLU has participated:

 

 

NATIONWIDE:

 

1930s

Powell v. Alabama:  The first of the "Scottsboro Boys cases" in which eight African Americans were wrongfully accused of raping two white women. Constitutional standards were applied to state criminal proceedings for the first time, and it was held that the poor performance of the defendants’ lawyers during the trial deprived them of their 6th Amendment right to effective counsel.

 

Patterson v. Alabama:  In a second Scottsboro Boys decision, the Court held that excluding black people from the jury list denied the defendants a fair trial.

 

1940s

Smith v. Allwright:  This early civil rights victory invalidated Texas' "white primary" as a violation of the right to vote under the 15th Amendment.

 

Shelley v. Kraemer:  This major civil rights victory invalidated restrictive covenants or contractual agreements among white homeowners not to sell their houses to people of color.

 

1950s

Brown v. Board of Education:  In one of the century's most significant Court decisions,  racially segregated schools were declared unconstitutional, wiping out the "separate but equal" doctrine announced in the infamous 1896 Plessy v. Ferguson decision.

 

1960s

Reynolds v. Sims:  This historic civil rights decision, which applied the "one person, one vote" rule to state legislative districts, was regarded by Chief Justice Earl Warren as the most important decision of his tenure.

 

Loving v. Virginia:  This landmark case invalidated the anti-miscegenation laws of Virginia and 15 southern states. The Court found that criminal bans on interracial marriage violated the 14th Amendment's Equal Protection Clause and "the freedom to marry," which the Court called "one of the basic civil rights of man".

 

Washington v. Lee:  A case in which Alabama statutes requiring racial segregation in the state's prisons and jails were declared unconstitutional under the Fourteenth Amendment.

 

1990s

Chicago v. Morales:  This decision struck down Chicago's anti-gang loitering law which disproportionately targeted African American and Latino youth who were not engaged in criminal activity and resulted in the arrest of 45,000 innocent people.

 

2000s

Grutter v. Bollinger/Gratz v. Bollinger: In a decision strongly endorsing affirmative action in higher education, the Court ruled that public universities have a compelling interest in creating a diverse student body and that race may be treated as a "plus" factor in the admissions process.

 

IN ALABAMA:

 

1960s

Gilmore v. City of Montgomery:  Case against Montgomery for failing to provide equal recreational facilities for African Americans.

 

Nixon v. Brewer:  Attack on Alabama’s multi-member legislative districts in Montgomery, Jefferson, and Mobile counties on grounds that they violated 14th Amendment rights of African-Americans.

 

1970s

Whitfield v. Oliver:  Black recipients of Aid to Families with Dependent Children (federal welfare program) brought class action challenging discrimination in the administration of the program.

 

Underwood v. Hunter:  Voting rights lawsuit challenging law denying the right to vote to individuals convicted of misdemeanors defined as crimes of moral turpitude. The purpose of the law was the disenfranchisement of African-Americans.

 

1980s

In the Matter of Barroso Suarez, Duboy Monuz and Verrier Beato:  Representation before Immigration and Naturalization Service of Mariel Cubans facing repatriation.

 

Dillard v. Crenshaw I and II:  Hundreds of voting rights cases challenged the at-large nature of election systems and transformed at-large to districted systems thereby providing opportunities for minority candidates to be elected to political office. These cases transformed the political landscape in Alabama.

 

Harris v. Graddick:  Plaintiffs sought an election system that would result in the appointment of black polling officials in numbers that reflected the number of black voters at each polling place.

 

Smith v. Meese:  Case against the U.S. Department of Justice for selective prosecution in its investigation of alleged black voter fraud in five West Alabama "Black Belt" counties.

 

Taylor v. Jefferson County; Reese v. Yeargan; Henderson v. Troy; Sumbry v. Russell County:  Voting rights cases challenged various methods of election in Jefferson, Chambers, Pike and Russell counties as racially discriminatory.

 

1990s

Harper v. Siegelman:  Institutional reform class action challenging the inadequacy of public education in Alabama and alleging that the quality of a child's education should not depend on the economic value of the geographic area where the child lives.

 

Reid v. Goodwin:  Claim brought against owners and proprietors of a gas station in Winfield who refused to provide service to a white mother and her biracial child, pointed a shotgun at them, yelled racial epithets and threatened to shoot them.

 

Knight v. Thompson: 

Case on behalf of Native American prisoners who are not allowed to practice their religion in state prisons.

 

ACLU of Alabama v. The Bulletin Board, Inc.:  ACLU of Alabama challenged the publication's practice of printing advertisements for residential rental housing that reflected restrictions and preferences based on race, religion and gender.

 

ACLU v. Village Voice:  Challenge to the magazine's practice of publishing advertisements for residential rental property that included restrictions, limitations, and preferences based on race, religion, and gender.

 

2000s

In the Matter of Jane Doe:  Challenge to the Alabama Department of Public Safety for requiring Muslim women to take off their Hijabs (headscarves) for their driver's license photo in violation of religious tenets.

 

Lee v. Macon Co. Board of Ed. (Pickens Co. Board of Ed.):  Case seeking compliance with federal courts orders to desegregate Pickens County schools.

 

In the Matter of Bobby Hicks:  Complaint against county registrars removing persons with Hispanic last names from voting registration lists and requiring that they provide proof of citizenship.

 

In re Federal Immigrant Detainees:  Representation of immigrants imprisoned in Alabama facilities indefinitely by the federal government in violation of US Supreme Court ruling in Zavydas v. Davis.

 

Baker v. Chapman:  Lawsuit seeking to block state election officials from disenfranchising voters with felony convictions not listed as disqualifying by the Alabama Legislature.  The suit also challenges the discriminatory fee provision of the voter restoration process.

 

 

The ACLU and the ACLU of Alabama will continue to fight racism in all its forms.  Click here to learn more about the ACLU's Racial Justice Program.

 

 

 

Thank you for your continued support of civil liberties in Alabama!

 

 

Olivia Turner

Executive Director, ACLU of Alabama

 

 

207 Montgomery Street, Suite 910, Montgomery, Alabama 36104

T: 334-262-0304  |  F: 334-269-5666  |  info@aclualabama.org

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