Filed
May 25, 2021
Fighting For The Rights Of Trans Youth in Arkansas
Brandt et al v. Rutledge et al
Several doctors and families are challenging a discriminatory Arkansas law that would prohibit healthcare professionals from providing or even referring transgender youth for medically necessary health care. Their case is being heard this week in the US District Court for the Eastern District of Arkansas.
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Featured
LGBTQ Rights
303 Creative, Inc. v. Elenis
Status: Ongoing
This case concerns whether applying a public-accommodation law to compel a business that chooses to serve the public to provide wedding website design services without discriminating against a same-sex couple violates the free speech clause of the First Amendment.
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National Security
Wikimedia v. NSA - Challenge to Upstream Surveillance
Status: Closed (Dismissed)
The ACLU is challenging the constitutionality of the NSA’s mass interception and searching of Americans’ international Internet communications. At issue is the NSA’s “Upstream” surveillance, through which the U.S. government systematically monitors private emails, messages, and other data flowing into and out of the country on the Internet’s central arteries. The ACLU’s lawsuit was brought on behalf of the Wikimedia Foundation and eight legal, human rights, and media organizations, which together engage in trillions of sensitive communications and have been harmed by Upstream surveillance.
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Free Speech
United States v. Helaman Hansen
Status: Ongoing
This case is about whether the First Amendment permits criminal punishment of speech that merely encourages a noncitizen to remain in the United States, without any requirement of intent to further illegal conduct, and when remaining in the United States unlawfully is itself not a crime.
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Prisoners' Rights
Alex A. v. Edwards
Status: Ongoing
The ACLU National Prison Project and partner civil rights attorneys filed a federal class-action lawsuit to prevent the transfer of children in the custody of Louisiana’s Office of Juvenile Justice to the Louisiana State Penitentiary, commonly known as Angola Prison.
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Prisoners' Rights
Jensen v. Shinn
Status: Closed (Judgment)
UPDATE: In a thorough and sweeping order issued on January 9, 2023, U.S. District Judge Roslyn O. Silver is requiring the Arizona Department of Corrections, Rehabilitation, and Reentry (“ADCRR”) to make “substantial” changes to staffing and conditions so that medical care and mental healthcare at Arizona prisons comes up to constitutional standards.
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Reproductive Freedom
Dobbs v. Jackson Women’s Health Organization
Status: Closed (Judgment)
The case concerns the constitutionality of a Mississippi law prohibiting abortions after the fifteenth week of pregnancy. The state used the case as a vehicle to ask the Supreme Court to take away the federal constitutional right to abortion it first recognized 50 years before in Roe v. Wade. On June 24, 2022, the Supreme Court of the United States accepted the state’s invitation and overturned Roe eliminating the federal constitutional right to abortion.
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Privacy & Technology
FBI v. Fazaga
Status: Closed (Judgment)
In a case scheduled to be argued before the U.S. Supreme Court on November 8, 2021, three Muslim Americans are challenging the FBI’s secret spying on them and their communities based on their religion, in violation of the Constitution and federal law. In what will likely be a landmark case, the plaintiffs — Yassir Fazaga, Ali Uddin Malik, and Yasser Abdelrahim — insist that the FBI cannot escape accountability for violating their religious freedom by invoking “state secrets.” The plaintiffs are represented by the Center for Immigration Law and Policy at UCLA School of Law, the ACLU of Southern California, the American Civil Liberties Union, the Council for American Islamic Relations, and the law firm of Hadsell Stormer Renick & Dai.
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Reproductive Freedom
Cameron v. EMW Women’s Surgical Center
Status: Closed (Judgment)
In 2018, the American Civil Liberties Union and the ACLU of Kentucky filed a suit on behalf of Kentucky abortion providers and their patients challenging a state law banning physicians from providing a safe and medically proven abortion method called dilation and evacuation, or “D&E.” If it were to take effect, this law would prevent many patients from being able to obtain an abortion altogether. After two courts held that the law is unconstitutional, the Supreme Court ruled in March 2022 that Kentucky Attorney General Cameron can continue his pursuit to push abortion out of reach by intervening in the underlying challenge to an abortion ban, which is proceeding in a lower court.
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All Cases
March 30, 2023
March 30, 2023
The Satanic Temple v. Saucon Valley School District
Religious Liberty
Status: Ongoing
The American Civil Liberties Union (ACLU), the ACLU of Pennsylvania, and Dechert LLP filed a lawsuit in federal court against the Saucon Valley School District (SVSD) in March 2023 for violating the First Amendment by prohibiting the After School Satan Club (ASSC) from meeting in district facilities. Although school officials initially approved the club’s application — explaining in an email to parents that the district “cannot discriminate among groups wishing to use the SVSD facilities” — they quickly bowed to the ensuing public outcry. The case seeks to allow the ASSC to meet in district facilities.
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March 28, 2023
March 28, 2023
Brown v. Lexington County, et al
Smart Justice
Status: Ongoing
This case is part of a nationwide fight against criminalization of poverty and, specifically, debtors’ prisons. On June 1, 2017, the ACLU’s Racial Justice Program, the ACLU of South Carolina, and Terrell Marshall Law Group PLLC filed a federal lawsuit challenging the illegal arrest and incarceration of indigent people in Lexington County, South Carolina, for failure to pay fines and fees, without determining willfulness or providing assistance to counsel. Those targeted by this long-standing practice could avoid jail only if they paid the entire amount of outstanding court fines and fees up front and in full. Indigent people who were unable to pay were incarcerated for weeks to months without ever seeing a judge, having a court hearing, or receiving help from a lawyer. The result was one of the most draconian debtors’ prisons uncovered by the ACLU since 2010.
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March 24, 2023
March 24, 2023
Soule et al v. CT Association of Schools et al
LGBTQ Rights
Status: Ongoing
The ACLU has joined a lawsuit defending the interests of trans student athletes in Connecticut.
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March 23, 2023
March 23, 2023
Marquez v. State of Montana
LGBTQ Rights
Status: Ongoing
Amelia Marquez is transgender woman and life-long Montanan. John Doe is a transgender man who was born in Montana, but currently lives out of state. Both wish to correct the sex marker on their birth certificates to reflect who they are. However, a law enacted in 2021, Montana Senate Bill 280, sought to prohibit transgender individuals born in Montana from correcting the sex marker listed on their birth certificate without obtaining a court order indicating that their “sex . . . has been changed by surgical procedure.” The ACLU, the ACLU of Montana, and Nixon Peabody LLP have sued, claiming that SB 280 violates the equal protection and due process clauses of the Montana State Constitution.
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March 23, 2023
March 23, 2023
Zayre-Brown v. The North Carolina Department of Public Safety
LGBTQ Rights
Status: Ongoing
The North Carolina Department of Public Safety has continually denied Kanautica Zayre-Brown, an incarcerated transgender woman in their custody, access to gender-affirming surgery.
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