‘Home’ Is Not Where You Are Involuntarily Confined
By Sean J. Young, Staff Attorney, ACLU
Earlier this week, The New York Times published a column asserting that the American Civil Liberties Union has “seemed to take “opposite position[s]” in two voting rights disputes. This is wrong.
In the first dispute, which is pending before the Supreme Court, the question is whether states should be allowed to count all persons for the purposes of equally apportioning their legislative districts, as nearly all states currently do. The ACLU filed an amicus brief answering yes, for our country has long embraced the fundamental principle that all persons, whether or not they can vote, are entitled to equal representation. Given the democratic values of inclusion and equality built into the Constitution, we reject our opponents’ argument that this same Constitution now forces all states to exclude all ineligible voters from their population counts. Millions of non-citizens are contributing members of our communities, and the vast majority of states that currently provide these individuals the same share of representation that citizens receive should be allowed to continue doing so.