News & Commentary

This post originally appeared on the American Constitution Society blog.

By now it is cliché to observe that the advancements in equality for the lesbian, gay, bisexual, and transgender (LGBT) community in the past decade or so have been simply astounding. The victories have indeed been incredible, manifested not just in the securing of formal legal equality in some legislative and regulatory bodies but also dramatic shifts in public opinion and major wins in courts and administrative agencies (and, most recently, in President Obama’s announcement of a forthcoming executive order banning workplace discrimination against LGBT employees of federal contractors). This is something to celebrate.

But the fight is far from over, and complacency is not an option. The triumphs of the past few years have created a sense of inevitability that can serve as a useful advocacy tool but that may also blind us to the challenges that remain ahead.

By Heather L. Weaver, ACLU Program on Freedom of Religion and Belief

Yesterday, a district court ruled that the federal government may no longer display a 43-foot Latin cross on Mt. Soledad in San Diego, California. The Court's order, which prohibits the government from "displaying or continuing to allow the display of the current cross on federal land as part of the Mount Soledad Veterans Memorial," follows a 2011 decision by the U.S. Court of Appeals for the Ninth Circuit holding that the display violates the fundamental principles underlying the Establishment Clause of the First Amendment to the U.S. Constitution.

The ACLU and the ACLU of San Diego and Imperial Counties brought this case on behalf of the Jewish War Veterans of the United States of America, the oldest veterans' organization in the country, and other plaintiffs because we believe that government war memorials should honor veterans of all faiths, as well as those of no faith. The Constitution requires no less, and a gigantic, 43-foot Latin cross doesn't come close. As the Court of Appeals explained, "The use of such a distinctively Christian symbol to honor all veterans sends a strong message of endorsement and exclusion. It suggests that the government is so connected to a particular religion that it treats that religion's symbolism as its own, as universal. To many non-Christian veterans, this claim of universality is alienating."

Soyara Alcalá

A few weeks ago, I had the honor of hosting the screening of "Amores de Mi Vida,” organized by the ACLU of Florida, an audiovisual project where members and supporters of the greater Miami Hispanic LGBT community shared stories of the loves of their lives. When I was invited to participate, I did not hesitate for a second, since I can remember I have actively defended the rights of the LGBT community. This event highlighted the extraordinary qualities of each of the participants, was an audiovisual project that celebrated love in all its forms, as narrated by 26 members of the South Florida community.

Listening to the stories of people including Inaugural Poet Richard Blanco, State Representative Jose Javier Rodriguez, Vice-Mayor of the City of Hallandale Beach Alex Lewy, among many others, we were immediately moved by the unifying power of love and respect.

On Tuesday, September 17th, we celebrate the 226th birthday of our Constitution. But what precisely should we celebrate?

The founders of this country created a remarkable document. It is the legal and political framework for our democracy. But it was a deeply flawed document.

Because strict legal limits on the power of government are needed in a majoritarian democracy, principles protecting individual liberty were codified in a Bill of Rights, which was not part of the Constitution as it was drafted on September 17, 1787, nor was it part of the Constitution submitted to the 13 states for ratification.

So when we celebrate the Constitution, we celebrate not only those who created the Constitution during the summer of 1787, but also those who had a broader vision of liberty and fought to improve it.

ACLU of Florida’s Field Coordinator Nikki Fisher is attending the 50th Anniversary March on Washington. She will be blogging her experiences for ACLUFL.org

This past weekend, I traveled to Washington DC to commemorate the 50th Anniversary on the March on Washington. Friends and colleagues have been asking me how I would describe the trip. The best explanation: I have been on cloud nine since Saturday. The energy, inspiration, and enthusiasm of the crowd were indescribable. The diversity of messages, of people, of generations, and sex, race, religion and everything else all involved in thefight for justice in the United States was inspiring. Seeing the continued struggle of all Americans coming together on Washington is something I will never forget.

“I

“A

It should be obvious to everyone that America is in the midst of a fast-moving revolution in the way that lesbian, gay, bisexual, and transgender individuals are perceived and treated by the law.

Only 27 years ago the U.S. Supreme Court issued its ugly decision in Bowers v. Hardwick upholding Georgia’s law criminalizing consensual sex between gay people. It took ten years after that before the legal environment started to change -- and the pace of change has been increasing ever since.