Civilrights.org Latest Posts

Federal Monitoring of Police Departments Protects People’s Rights

Thu, 09 Jul 2009 16:47:18 -0400

Many Americans trust local and state law enforcement to protect them. However, when police departments abuse that trust, the F.B.I and the U.S. Department of Justice have the authority to recommend reforms and then monitor the department's progress.

Police mistreatment of citizens is classified as "color of law" abuse, meaning the use of authority granted by a local, state, or federal agency to infringe on constitutional rights. "Color of law" offenses include unlawful detainment and questioning of suspects, search and seizure of property, bringing of criminal charges, sexual assault, and the use of excessive force.

In 1991, Los Angeles Police Department (LAPD) officers brutally beat Rodney King, an African-American suspect, but were acquitted of charges of excessive force. This case prompted a series of federal investigations that revealed significant misconduct in the LAPD and in other police departments throughout the nation. With an increasing awareness of police misconduct, Congress included a provision in the Violent Crime Control and Law Enforcement Act of 1994 that authorizes the Department of Justice to file civil lawsuits against law enforcement agencies that engage in a pattern of violating people's rights and obtain a court order to monitor and reform them.

LCCR/EF Interns Attend the Campus Progress National Conference

Thu, 09 Jul 2009 14:32:17 -0400

Yesterday, I joined my fellow LCCR/EF interns at the Campus Progress 2009 National Conference. Campus Progress, a project of the Center for American Progress, works to encourage young people to become engaged in the political process and express their views through media and grassroots activism.

We helped staff LCCR's table on Judge Sonia Sotomayor's nomination to the U.S. Supreme Court. Our task was to talk with young people about the nomination and encourage them to show support for Sotomayor. Between panels on how to survive the recession and the future of independent media, we had the opportunity to meet with many young activists from all around the nation who shared our enthusiasm for Sotomayor's nomination.

The conference was a resounding success, bringing together over 1,000 young people and several prominent speakers, including former President Bill Clinton; Rep. Nancy Pelosi, D. Calif., the speaker of the House; John Oliver of "The Daily Show With Jon Stewart"; and Joel Madden of the band Good Charlotte.

The positive energy of the participants and the sharing of ideas were inspiring and we hope to participate in future Campus Progress events.

Missouri Court Rejects Anti-Equal Opportunity Initiative

Wed, 08 Jul 2009 14:39:44 -0400

A Missouri circuit court judge recently rejected a proposed ballot initiative, sponsored by Ward Connerly and his anti-equal opportunity supports in the state, that would amend the state's constitution to outlaw the state's equal opportunity programs in higher education, employment, and contracting. Circuit Judge Richard Callahan rejected the initiative because of a technical error in the submission, but also said that the language of the initiative was unclear and misleading to voters.

In December 2008, the American Civil Liberties Union filed a lawsuit charging that the anti-equal opportunity ballot initiative violates the Missouri Constitution by using vague language and seeking to trick and mislead the state's voters into supporting the initiative.

Civil Rights Link Roundup: Age Discrimination, Voter Registration, Ricci v. DeStefano, and Education Reform

Wed, 08 Jul 2009 13:57:24 -0400

Here are a few interesting civil rights related items:

Editorial: Congress must undo the Supreme Court's recent decision that weakened age discrimination protections - The New York Times
Two new studies show that voter registration in the U.S. can be and should be modernized - Brennan Center for Justice
Listen to a discussion of the implications of the Supreme Court's recent decision in Ricci v. DeStefano - National Public Radio
Editorial: Congress should invest in high-performing charter schools and require states to focus on reforming schools that produce high numbers of dropouts - The New York Times

Civil Rights in the Supreme Court: Wrapping up the 2008-2009 Term

Wed, 08 Jul 2009 13:36:42 -0400

Last week, the U.S. Supreme Court handed down the final decisions of its 2008-2009 term, a year that saw many cases with civil rights implications. Here are summaries of some of these cases:

AT&T v. Hulteen: This case was filed by four women who took pregnancy leave at AT&T before the Pregnancy Discrimination Act became law in 1978 and, as a result, received smaller pensions than other workers who took short term disability leave during the same time period. The women argued that their pensions should be recalculated in line with the Act, but the Court ruled that the Act cannot be applied retroactively.

Bartlett v. Strickland: The Court ruled in a 5-4 decision that a key provision of the Voting Rights Act that keeps minority votes from being diluted during redistricting doesn't apply in districts where a minority group makes up less than 50 percent of the voting age population. However, the Court found that "racial discrimination and racially polarized voting are not ancient history."

LCCREF Summer Intern Career Series Kicks Off This Week

Tue, 07 Jul 2009 17:29:47 -0400

This Friday, July 10, LCCREF invites interns in Washington, D.C., to attend the first event of the Summer Intern Career Series, a free panel discussion about how a law degree can prepare you for a career in the social justice field. The event will be a great opportunity to meet fellow interns working in the nation's capital and working professionals in the social justice field.

Corrine Yu, senior counsel and managing policy director at LCCREF, will be moderating the panel. The discussion will feature Mark Kappelhoff, the chief of the Criminal Section of the U.S. Department of Justice's Civil Rights Division; Josh Galper, partner at Orrick, Herrington & Sutcliffe; and Chanelle Hardy, chief of staff for Rep. Artur Davis, D. Ala.

The event is from 12:30 p.m. to 2:00 p.m. at Skadden, Arps, Slate, Meagher & Flom LLP, 700 14th Street, NW, Washington DC, near the Metro Center and McPhearson Square metro stations. Lunch will be provided.

Please join LCCREF as we kick off our Summer Intern Career Series and look out for more events coming soon!

RSVP to Marcus-Alexander Neil at neil@civilrights.org by 5:00 p.m. on Wednesday, July 8.

New Report Finds That Racial Profiling Is Pervasive

Tue, 07 Jul 2009 17:25:54 -0400

A new report jointly authored by the Rights Working Group and the American Civil Liberties Union found that racial profiling by law enforcement agencies still persists on our nation's roadways, in airports, and near our border and urges Congress to pass the End Racial Profiling Act (ERPA).

ERPA would prohibit all law enforcement agencies from racial profiling, require agencies to collect data on the number of stops, searches, and arrests by race and gender, and allow victims of racial profiling to sue local, state or federal authorities.

"The U.S. government must take urgent, direct action to rid the nation of the scourge of racial and ethnic profiling and bring this country into conformity with both the Constitution and international human rights obligations," said Chandra Bhatnagar, staff attorney with the ACLU Human Rights Program.

The report cited several studies in 22 states showing that African-American and Latino drivers are more than twice as likely to be stopped, searched, or arrested by law enforcement officers as White drivers. Racial and ethnic profiling has contributed to the overrepresentation of racial and ethnic minorities in the American criminal justice system, the report states.

The report also assessed federal programs, including Department of Homeland Security counterterrorism efforts, and found a rise in racial profiling of immigrants and foreign nationals from Muslim-majority countries.

The report was submitted last week to a human rights body at the U.N. that monitors compliance with International Convention on the Elimination of Racial Discrimination.

Election Assistance Commission Reports Rise in Voter Registration in 2008

Mon, 06 Jul 2009 14:58:35 -0400

Voter registrations have increased substantially between the 2006 congressional mid-term election and the 2008 presidential election, according to a report from the U.S. Election Assistance Commission (EAC).

The report, released last week, is the eighth in a series of regular reports the commission has submitted to Congress since passage of the National Voter Registration Act (NVRA) in 1993. The EAC is required to report every two years on the impact of the NVRA on voter registration. This year's report revealed that the number of registered voters rose by 17.5 million from 2006 to 2008, reaching a total of 189 million.

The report also found a increase in same-day registration, in which voters are permitted to register when they arrive at the polls on election day, with 17 states adding 3.6 million new registrants on Election Day. Thirteen million inactive voters were removed from voter rolls from 2006 to 2008, for reasons including death, felony conviction, failure to vote in two consecutive federal elections, moving, or at the voter’s request.

The commission's recommendations for future improvements include creating a "coordinated data collection effort" between local and state election offices to better manage voter registration and removal of inactive voters, and the increasing the use of new technology to "ease the workload" on election officials.

Putting an End to Anti-Gay Bullying

Mon, 06 Jul 2009 13:53:08 -0400

The suicides of 11-year-olds Jaheem Herrera and Carl Joseph Walker-Hoover in April have refocused many people's attention on the problem of anti-gay bullying. Both boys committed suicide after enduring anti-gay bullying at school.

Two-thirds of students report being bullied, according to Gay, Lesbian and Straight Education Network (GLSEN) data from 2005, yet some groups of students are disproportionately targeted for harassment. Nearly 90 percent of LGBT students polled in a GLSEN study reported being verbally harassed in school, while less than a fifth reported that teachers intervened on the student's behalf upon overhearing derogatory remarks.

Largely as a result of verbal and physical harassment, LGBT students attempt suicide at more than four times the rate of the general student population. Both Herrera and Hoover reported being called gay and tormented by their peers, though Hoover did not identify as gay.

GLSEN is one of many national organizations that work to provide schools with work resources they need to prevent and fight bullying. GLSEN has found that schools that have implemented anti-bullying policies have experienced substantial reductions in bullying.

The Safe Schools Improvement Act, which was introduced in Congress on May 5, will require schools that receive federal funding under the Safe and Drug-Free Schools and Communities Act to implement anti-bullying policies specifically aimed at protecting against bullying based on race, religion, sexual orientation, and other factors.

San Francisco Commits Money to the 2010 Census

Thu, 02 Jul 2009 16:00:21 -0400

At a time when local and state governments, faced with budget shortfalls, are eliminating many important social programs, San Francisco is actually committing vital funds to making sure every one of its citizens is counted in the 2010 census.

Through the advocacy efforts of Chinese for Affirmative Action (CAA), a San-Francisco-based advocacy organization, the San Francisco Board of Supervisors recently passed a resolution to make the 2010 Census a policy priority. The resolution states that the city "will do everything within its powers to ensure an Accurate, Fair and Inclusive Count of All San Francisco Residents in the 2010 Census and to secure all federal dollars available to the City."

The mayor and city supervisors have included $300,000 in the city budget to support census outreach activities, which may include some outreach into hard-to-count minority communities. CAA is advocating for an additional $700,000 to provide support for community-based organizations that are reaching out to these communities.

Today in Civil Rights History: Civil Rights Act of 1964 becomes Law

Thu, 02 Jul 2009 11:01:41 -0400

Forty-five years ago today, President Lyndon Johnson signed the Civil Rights Act of 1964 into law. The Civil Rights Act of 1964 outlaws discrimination on the basis of race, color, religion, national origin, and sex in public accommodations, employment, and federally funded programs.

It also established a framework within the federal government for combating discrimination by giving the U.S. Attorney General the power to file discrimination suits, expanding the mandate of the U.S. Commission on Civil Rights, and establishing the Equal Employment Opportunity Commission to review employment discrimination complaints.

Before the passage of the Civil Rights Act of 1964, "Jim Crow" laws, or legalized racial segregation, characterized much of the South. In many states, Jim Crow laws relegated African Americans to the backs of buses and to separate drinking fountains, restrooms, and dining areas.

Supreme Court Holds that States May Investigate National Banks

Thu, 02 Jul 2009 10:03:59 -0400

In its 5-4 decision in Cuomo v. Clearing House Assn., L.L.C. this week, the Supreme Court ruled that states, not just federal authorities, can enforce their own fair lending and consumer protection laws against national banks. Consumer advocates say the ruling will play a major role in how consumer protection and civil rights laws are enforced.

The case began in 2005 when the state of New York tried to investigate certain national banks it believed were charging minority borrowers higher interest rates than White borrowers.

National banks, who are already regulated by the federal government, argued that state scrutiny of their mortgage lending records would unleash a complicated patchwork of state regulations that would make it hard for them to meet the needs of their customers across all 50 states.

But Justice Antonin Scalia, writing for an unusual group of four other justices – Justices Stevens, Souter, Ginsburg, and Breyer – found that in instances where state and federal law do not explicitly conflict, states should be free to enforce their civil rights laws in court. Otherwise, said Scalia, "the bark remains, but the bite does not."

"This Supreme Court decision is a victory for taxpayers, who have suffered enormously as a result of abusive business practices in all types of lending. This decision will help to restore confidence in the financial services industry and the national economy," said Michael Calhoun, president of the Center for Responsible Lending.

Read the opinion.

Today in Civil Rights History: The 26th Amendment Lowers Voting Age to 18

Wed, 01 Jul 2009 10:02:27 -0400

Today marks the 38th anniversary of the ratification of the 26th Amendment to the U.S. Constitution. The amendment lowered the voting age to 18 in federal, state, and local elections.

Congress introduced the amendment in response to a 1970 Supreme Court decision, Oregon v. Mitchell, which held that Congress could not alter state or local voting arrangements through legislation. Congress had passed a law lowering the voting age earlier that year, in response to growing support for lowering the voting age among student and youth activists who opposed U.S. involvement in the Vietnam War. Many American soldiers drafted to serve in Vietnam were between the ages of 18 and 21, a fact that helped to popularize the slogan, "old enough to fight, old enough to vote."

More than 50 percent of 18-24 year olds voted in the 1972 election, the first election after the amendment's ratification, according to the Center for Information and Research on Civic Learning and Engagement. The turnout for this demographic has been steadily increasing since the 1996 election, with turnout in 2008 – 48.5 percent – nearly reaching 1972 levels.

Amendments to the Constitution are passed in both houses of Congress by a two-thirds majority vote and approved by at least three-quarters of the states.

Swift Senate Passage of Hate Crimes Bill Urged

Wed, 01 Jul 2009 09:41:03 -0400

Though the House of Representatives passed the Local Law Enforcement Hate Crimes Prevention Act three months ago, the Senate has yet to take action on the bill.

Last week, U.S. Attorney General Eric Holder told the Senate Judiciary Committee that the Obama administration strongly supported the bill, stating, "The President and I seek swift passage of this legislation because hate crimes victimize not only individuals, but entire communities."

Michael Lieberman, Washington counsel for the Anti-Defamation League and co-chair of LCCR's hate crimes task force testified to the escalating problem of hate crimes in the U.S., citing recent FBI statistics and LCCREF's recent report, "Confronting the New Faces of Hate: Hate Crimes in America."

"Failure to address this unique type of crime could cause an isolated incident to explode into widespread community tension. The damage done by hate crimes, therefore, cannot be measured solely in terms of physical injury or dollars and cents. By making members of minority communities fearful, angry, and suspicious of other groups – and of the power structure that is supposed to protect them – these incidents can damage the fabric of our society and fragment communities," said Lieberman.

New Proposal Fills the 'Doughnut Hole' for Medicare Recipients

Tue, 30 Jun 2009 12:10:31 -0400

Last week, the Obama administration announced a proposal that would cut in half the prescription drug costs for all Medicare recipients who fall into a coverage gap in their drug plans.

As the nation's largest federal health care program, Medicare covers nearly 40 million Americans, primarily seniors over the age of 65 and people with disabilities. The Medicare Part D Prescription Drug Plan (PDP) allows Medicare patients to obtain insurance that covers some of their prescription drug costs.

Currently, more than 26 million Medicare beneficiaries are enrolled in the plan, but about 26 percent of them are affected by a coverage gap. Medicare covers costs up to a specific point and then beyond a certain point, which forces beneficiaries that fall between these coverage levels, commonly referred to as the "doughnut hole," to pay for drugs out of their own pocket or stop taking medications if they can't afford to pay.

Supreme Court Decision in Ricci Makes It Hard For Employers to Comply with Anti-Discrimination Laws

Mon, 29 Jun 2009 15:42:10 -0400

Today, the U.S. Supreme Court imposed a new standard on employers seeking to comply with federal employment discrimination laws in its 5-4 decision in Ricci v. DeStefano, a race discrimination lawsuit against the city of New Haven, Connecticut.

Ricci involved the claim by one Latino and nine White firefighters that the city's decision not to certify the results of a firefighter promotion test discriminated against them. After the test was administered, the city had found that it had a discriminatory effect. The city concluded the test was biased and, after extensive consideration and five public hearings, chose to abandon the discriminatory exam, in order to avoid facing a discrimination lawsuit. Two lower courts agreed that the city made the correct decision.

However, the Supreme Court ruled, in an opinion by Justice Anthony Kennedy, that the city violated Title VII of the Civil Rights Act, which prohibits employers from discriminating on the basis of race, religion, gender, and national origin, by not certifying the test. In doing so, the Court created a new standard that gives employers very little room to rectify situations where a policy is found to have a discriminatory effect after the policy has been applied.

Modernizing the Way Poverty Is Measured

Mon, 29 Jun 2009 13:41:48 -0400

The focus on accounting for results in the economic recovery package has intensified the call by anti-poverty advocates to modernize how the nation measures poverty.

The current measure, which was created in the 1960s and based on data from the 1950s, sets the poverty threshold at $21,000 for four, a figure that advocates say does not accurately reflect the economic realities faced by millions of Americans.

On June 17, Rep. Jim McDermott, D. Wash., reintroduced legislation designed to modernize the calculation of poverty. The Measuring American Poverty Act of 2009 proposes a measure of poverty that would be based on current consumption patterns for food, clothing, shelter and other basic needs. It also takes into account income assistance from public programs and geographic differences in the cost of living. A parallel bill will be introduced by Senator Christopher Dodd, D. Conn., later this year.

Arizona’s Equal Opportunity Programs under Threat

Fri, 26 Jun 2009 13:53:08 -0400

Arizona's equal opportunity programs are facing a renewed assault this week after the state legislature voted to place an anti-equal opportunity initiative onto the 2010 Arizona General Election ballot.

California businessman and millionaire Ward Connerly had attempted to qualify the initiative for the ballot in 2008. However, the so-called Arizona "Civil Rights" Initiative, Proposition 104, failed to get on the ballot after the Arizona's Secretary of State disqualified more than 40 percent of the petition signatures collected by Connerly's campaign. Connerly had faced numerous allegations of fraudulent activities and even profiteering around these initiatives in Arizona and other states. Under Arizona state law, an initiative must have 230,047 valid signatures from the public before it is placed on the ballot. Having failed to garner enough public support with valid petition signatures, Connerly and his supporters have chosen to go through the legislature, which is currently controlled by Republicans.

The vote on this anti-equal opportunity ballot initiative in 2010 could affect programs that many Arizonans consider essential for ensuring that all Arizonans have equal access to opportunities in education and employment. Speaking after the state Senate vote Monday, state Sen. Rebecca Rios, D. Apache Junction, noted that although some progress has been made in providing equal opportunity, there is still a great "need" for programs that are designed to level the playing field. Programs that could be affected include an Arizona State University initiative that helps Native Americans transition from life on the reservation to life at college and a counseling program for teen fathers in Phoenix.

Today in Civil Rights History: Lawrence vs. Texas Vindicates Due Process Rights of Gays and Lesbians

Fri, 26 Jun 2009 10:00:47 -0400

Today marks the sixth anniversary of the U.S. Supreme Court's historic decision in Lawrence vs. Texas, in which the Court held that the Constitution protects the fundamental right of consenting adults to make decisions about their private, consensual sexual activity without interference from the government, and invalidated a Texas law criminalizing private, adult, consensual sodomy.

Writing for the majority of the Court, in an opinion joined by Justices Breyer, Ginsburg, Souter, and Stevens, Justice Kennedy explained that the state cannot demean the existence of gay people or control their destiny by making their private sexual conduct a crime.

The decision overturned Bowers v. Hardwick, which had permitted laws criminalizing same-sex conduct. In his majority opinion, Justice Anthony Kennedy said: "Bowers was not correct when it was decided, and it is not correct today. It ought not to remain binding precedent. Bowers v. Hardwick should be and now is overruled."

"This is an historic day for fair-minded Americans everywhere," said Elizabeth Birch, then-executive director of the Human Rights Campaign, at the time the decision was handed down. "We are elated and gratified that the Supreme Court, in its wisdom, has seen discriminatory state sodomy laws for what they are - divisive, mean-spirited laws that were designed to single out and marginalize an entire group of Americans for unequal treatment."

Legal Services Corp. Must Be Free to Help Low-Income People

Thu, 25 Jun 2009 10:00:26 -0400

The Leadership Conference on Civil Rights (LCCR) is calling for the Senate to lift restrictions that make it harder for the Legal Services Corporation (LSC) to provide legal services to low-income people.

The LSC is a non-profit corporation created by Congress in 1974 to ensure equal access to justice for millions of Americans who need but cannot pay for a lawyer. The LSC is primarily funded by Congress and gives grants to free legal aid organizations around the country that help low-income Americans with legal matters.

In a letter to the Senate Subcommittee on Commerce, Justice, Science, and Related Agencies, LCCR said: "In these times of economic distress, when more and more people require help in battling foreclosure and eviction, securing unemployment and benefits, and dealing with medical and insurance matters, the Senate must assist those most vulnerable by funding the LSC sufficiently and by lifting no-cost restrictions."

Since the 1990s, the LSC has suffered budget cuts and a number of restrictions – including those preventing legal aid lawyers from collecting attorneys' fees and LSC clients from joining class action lawsuits – which have forced it to turn away nearly a million cases a year. The House passed a budget recently that included significant increases in funding and removed the restriction on the collection of attorneys' fees, but left in place many of the other restrictions. The Senate is expected to consider the funding bill for the LSC this week.