Subject: Texas Challenge to Religion in Schools, DOJ NSA Revelations and More

From: ACLU Online <[email-masked]>
Date: Fri, 18 May 2007 11:50:48 -0500 (CDT)

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ACLU Online
The e-newsletter of the American Civil Liberties Union
Friday, May 18, 2007

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In This Issue: 

-- Texas Parents Challenge Unconstitutional Bible Class in Public Schools

-- Join Us in D.C. on June 26th

-- ACLU Demands Disclosure of Legal Documents on NSA Wiretapping

-- Advancing Fairness and Justice for LGBT People: A Chance to Help End
Discrimination

-- U.S. Bars U.N. Observer from Visit to Immigrant Detention Center

-- Vote on Head Start Includes a Major Victory for Religious Freedom

-- StandUp: Submit your entry for the Third Annual Stand Up for Freedom
Contest

In the States: 
* N.Y. Governor Pledges to Protect Reproductive Health and Privacy

* Detention of Six-Year-Old U.S. Citizen Clearly Unlawful

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TEXAS PARENTS CHALLENGE UNCONSTITUTIONAL BIBLE CLASS IN PUBLIC SCHOOLS

In a lawsuit filed on Wednesday in the Western District of Texas,
eight parents are contesting that the Bible course offered in their
local high schools violates their religious liberty by promoting
particular religious beliefs to children in their community.

In December 2005, the Ector County School Board voted to adopt a Bible
course created by a private organization called the National Council
on Bible Curriculum in Public Schools (NCBCPS). The elective course,
called The Bible in History and Literature, is now taught in two high
schools in Odessa, Texas -- Permian High School and Odessa High
School. Rather than teaching about the Bible objectively, the course
promotes religion generally as well as a particular religious
viewpoint that is not shared by Jews, Catholics, Orthodox Christians,
and many Protestants.

The NCBCPS course has been deeply criticized by Bible scholars for its
lack of accuracy, ignorance of scholarly research, and biased
promotion of a particular religious interpretation of the Bible.
Although the NCBCPS defends its curriculum as being constitutional,
its own website reveals a different agenda, urging people to contact
NCBCPS as a first step to get God back in your public school.

Doug Hildebrand, one of the parents bringing the lawsuit and an
ordained elder and deacon at a local Presbyterian Church, said,
"Religion is very important in my family and we are very
involved in our religious community. But the public schools are no
place for religious indoctrination that promotes certain beliefs that
not all the kids in the school share. It seems like a church has
invaded our school system -- and it's not my church!"

"This class is not about educating students. It is about
proselytizing one set of religious beliefs to the exclusion of
others," said Daniel Mach, Director of Litigation for the
ACLU's Program on Freedom of Religion and Belief.

The Bible course uses the King James Version as its main textbook,
which is not the Bible of choice for a wide range of Christian
denominations, nor for members of the Jewish faith.  It requires
students to give "true" or "false" answers to
questions that are a matter of religious faith, uses the Bible to
instill religious life lessons, and presents an unbalanced viewpoint
of American history that promotes specific religious beliefs that are
in conflict with objective scholarly standards.

The lawsuit asks that the Ector County School Board be ordered to
refrain from teaching the Bible course or any course like it that
would unconstitutionally promote religion generally and particular
religious beliefs specifically.

>> Listen to the podcast and learn more about Moreno  v. Ector County
Independent School District at:
http://action.aclu.org/site/R?i=-vba3h4QgsJofGP4nQEaJg..

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JOIN US IN D.C. ON JUNE 26TH 

On June 26th, activists, ACLU   members and concerned citizens from
across the United States are storming Washington, D.C. to tell
Congress to restore habeas corpus   and the Constitution. It's
time Congress heard that we the people demand that they respect the 
Constitution and keep their promises to repair the damage done by 
the Military Commissions Act. Please join us at a historic event to 
hold them to their promise.

On June 26th   we're taking our fight straight to Capitol Hill. The
ACLU is bringing together thousands of activists, ACLU members and
concerned citizens from all over the United States to deliver a
message to   Congress: It's time to restore our constitutional
rights and fundamental American values. Learn more and sign up:
http://action.aclu.org/site/R?i=TvRLr6IFWtcqz4eUDQO9XA..

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ACLU DEMANDS DISCLOSURE OF LEGAL DOCUMENTS ON NSA WIRETAPPING

In light of testimony by Deputy Attorney General James Comey 
before the Senate Judiciary Committee, the ACLU is urging Congress 
to subpoena all of the Justice Department documents relating to 
the National Security Agency (NSA) warrantless wiretapping program 
and the new FISA court-approved program. 

Comey's testimony clearly indicated that not only did the Bush 
administration reauthorize the NSA program in 2004 without a 
signature from the Justice Department; it did so even after both 
the Attorney General and Comey, the acting Attorney General, 
determined that the program was illegal. 

"The public still knows very little about the evolution of the 
warrantless surveillance program, what kinds of surveillance the 
NSA is currently conducting, and what the FISA court has purportedly 
authorized," said Caroline Fredrickson, director of the ACLU 
Washington Legislative Office. 

These new Department of Justice revelations came on the eve of a 
crucial mark up of the intelligence reauthorization bill by the 
Senate Select Committee on Intelligence in a closed session this 
week. Telecommunications companies are aggressively seeking 
retroactive immunity for any involvement in illegal NSA spying 
activities from September 12, 2001 forward.

Immunizing telecom companies from both criminal prosecution and 
civil liability would not only set a dangerous precedent, it 
would send a message to Americans that their privacy may be 
violated for profit. This rush to retroactive immunity for an 
entire industry, in the absence of a full and thorough airing 
of the facts, is unprecedented.

"Mr. Comey's testimony paints a profoundly disturbing picture of 
senior government officials willing to act in complete disregard 
of the Justice Department and in complete disregard of settled 
law," said Jameel Jaffer, Director of the ACLU's National Security 
Project. "The testimony is particularly chilling because the 
president and his closest advisors continue to assert the authority 
to disregard the relevant law -- the Foreign Intelligence 
Surveillance Act -- even today."

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ADVANCING FAIRNESS AND JUSTICE FOR LGBT PEOPLE: A CHANCE TO HELP
END DISCRIMINATION

In an important victory for LGBT people across the country, the House
of Representatives recently passed historic legislation to combat hate
crime.  This victory was even sweeter because the new law protects
hate crime victims while still honoring free speech principles.

Supporters like you made this victory possible and we thank each and
every one of you who took action. But much work remains to be done! In
the coming days, the House will begin debate on the Employment
Non-Discrimination Act (ENDA), and your action today can help end
workplace discrimination.

In most states it is still perfectly legal for an employer to fire
someone solely because of his or her sexual orientation or gender
identity.  For the first time in years, we have a real opportunity to
ensure workplace equality by protecting LGBT workers from employment
discrimination.  ENDA would be the most significant piece of pro-LGBT
legislation to ever pass Congress.

We can win this fight, but only with your help.  Please email your
representative to urge them to support ENDA todaY:
http://action.aclu.org/site/R?i=4OsrROa_T0di_ivyp384xg..

>> Find out more about ENDA and all our work to secure fairness and
justice for LGBT people. Get the latest news, audio and more at:
http://action.aclu.org/site/R?i=R3K0hmtlNfdIDDqjfY2QDg..

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U.S. BARS U.N. OBSERVER FROM VISIT TO IMMIGRANT DETENTION CENTER

This month, United Nations Special Rapporteur Dr. Jorge Bustamante is
conducting a three-week fact-finding mission in the United States.

As Special Rapporteur on the Human Rights of Migrants, Dr. Bustamante
is reviewing the treatment of migrants and immigrants at border
facilities and detention centers and meeting with human rights and
immigrants groups from Arizona to New Jersey.

But midway through Dr. Bustamante's visit, U.S. officials barred
his access to one scheduled stop, the Hutto immigrant detention
facility in Taylor, Texas. The ACLU represents 12 children detained at
Hutto, in a challenge charging that they are subject to inhumane
treatment. The tour of Hutto &ndash; a converted prison holding about
400 immigrants, including children and asylum seekers &ndash; was
considered a major part of the Special Rapporteur's U.S. visit.

According to the official terms for fact-finding missions, as an
independent expert appointed by the U.N. Human Rights Council, the
Special Rapporteur must have "access to all prisons, detention
centers and places of interrogation." The terms also mandate
that the Rapporteur be given confidential and unsupervised contact
with witnesses and potential victims of human rights violations. A
letter has been sent to the U.S. State Department and the Department
of Homeland Security seeking answers on why the Hutto facility tour
was cancelled. 

>> To learn more about the Special Rapporteur and the rights of immigrants,  
and to follow Dr. Bustamante's U.S. travel activities on the ACLU's 
blog, go to:
http://action.aclu.org/site/R?i=3cUP3fBLUuboe8WAV_nRIw..

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VOTE ON HEAD START INCLUDES A MAJOR VICTORY FOR RELIGIOUS FREEDOM

Thanks to the ACLU and a coalition of civil rights, religious and
education groups, Americans won a Congressional victory for civil
rights and freedom of religion this month. During House debate on the
reauthorization of the Head Start program, Republicans presented a
motion that would have removed longstanding prohibitions against the
hiring and firing of teachers, staff and volunteers based on their
religious beliefs.  If the motion had passed, Head Start programs
could have been granted federal funding and still been allowed to hire
or fire employees solely on religious grounds.

"No matter what his or her religion, a good teacher is a good
teacher," said ACLU Legislative Director Caroline Fredrickson in
her comments on the motion to legalize religious discrimination, which
failed.

This victory would not have been possible without the support and
involvement of ACLU supporters. Thank you. To find out how your own
representative voted on this and other key votes by the 110th
Congress, please go to: 
http://action.aclu.org/site/R?i=Z6LIzfPcmT8INTulYag96w..

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IN THE STATES:

N.Y. GOVERNOR PLEDGES TO PROTECT REPRODUCTIVE HEALTH AND PRIVACY

After a devastating vote by the Supreme Court upholding a ban on
certain abortions and dealing a severe blow to women's health,
New York Governor Eliot Spitzer pledged to update state law to protect
reproductive rights. If passed, the bill will write a health exception
into New York law and ensure the right to full reproductive freedom
for all women in the state.

"The modernization of New York State's abortion law is now necessary
to protect women's right to choose, and the NYCLU applauds the
governor's leadership in spearheading the process at this critical
moment," said Donna Lieberman, NYCLU Executive Director.
New York liberalized its abortion law in 1970  three years before the
Supreme Court ruled in Roe v. Wade. The law was revolutionary at the
time, but subsequent legal cases have made New York's existing law
obsolete.

Current state statutes ban all abortions after 24 weeks except when
necessary to preserve a woman's life. Up until now, Roe v. Wade has
made such a ban ineffective. However, the U.S. Supreme Court's
decision suggests that it may not stand by this basic right to
women's reproductive freedom.

>> Learn more about the proposed legislation:
http://action.aclu.org/site/R?i=j6G7pYOWQKuPZij2G86ouw..

DETENTION OF SIX-YEAR-OLD U.S. CITIZEN CLEARLY UNLAWFUL

Six-year-old Kebin Reyes was unlawfully detained for ten hours by
immigration officials in the early hours of March 6, 2007. He was
taken into custody with his father, Noe Reyes when U.S. Immigration
Customs and Enforcement Agency (ICE) agents raided his home in San
Rafael, California.

During the course of the raid, Mr. Reyes immediately gave the ICE
agents his son's U.S. passport, and asked several times to make
a phone call to arrange for a family member to care for Kebin. Each of
these requests was denied, and Kebin was forced to watch as his father
was handcuffed and taken away. The immigration officers then told
Kebin to place his own arms behind his back, like his father's.

At the ICE processing center in San Francisco, Kebin and his father
were placed in a locked room and were only provided with bread and
water. Mr. Reyes' additional requests to make a phone call were
also denied and agents made no efforts to seek alternative care for
his son.

It was not until Kebin's uncle learned about the arrests from
neighbors and rushed to the ICE office, that his nephew was released
into his custody, after waiting for several hours.

"In addition to Kebin's case, we have heard reports of
children left without care after their parents are detained,
immigration agents targeting areas around elementary schools, and
children too upset to participate in class after witnessing early
morning raids in their communities," said Julia Harumi Mass, a
staff attorney with the ACLU of Northern California.

>> To read the complaint and learn more about the case, go to:
http://action.aclu.org/site/R?i=HDhr-skiwhUczyFz3vpHFA..

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ORDER YOUR COPY OF IN DEFENSE OF OUR AMERICA

In Defense of Our America, a new book by the ACLU's Executive
Director, Anthony D. Romero and award-winning journalist Dina
Temple-Raston, takes readers behind the scenes to tell the stories of
real Americans on the frontlines of the fight for civil liberties.

Special offer to ACLU members: Get the book for $16.95 -- a more
than 30% discount off the list price. And, a portion of the proceeds
from the sale of the book will go to support the work of the ACLU: 
http://action.aclu.org/site/R?i=LiXEo9s_CXlzgr3YtjoKqw..

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STANDUP: SUBMIT YOUR ENTRY FOR THE THIRD ANNUAL STAND UP FOR  FREEDOM CONTEST

If you're between the ages of 17 and 29, we want you to produce
a  video PSA or a podcast about how the government is abusing its
power.  For contest info and to submit your entry:
http://action.aclu.org/site/R?i=j76ZRgYelWWjvkAo3VSOjw..

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VOTE FOR THE ACLU ON THE WORKING ASSETS DONATIONS BALLOT!

The more votes you give us, the more money we get. It's that
simple. Working Assets offers long distance, wireless and credit card
services that donate a portion of customers' charges to progressive
organizations, at no extra cost. Since 1985, Working Assets has raised
over $50 million for worthy groups like ours:
http://action.aclu.org/site/R?i=hmpwIipSB7JfkqobffgQAw..

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If you'd like to make an additional gift to support the ACLU, please click below:
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American Civil Liberties Union
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New York, NY 10004-2400
Geraldine Engel and Jed Miller, Editors

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