American Civil Liberties Union

Amendment to Limit the Use of Whole-Body Imaging Technology in Airports

On June 4, 2009, the House passed an amendment offered by Representatives Chaffetz (R-UT) and Shea-Porter (D-NH) to the Transportation Security Administration Authorization Act (H.R. 2200) by a vote of 310-118. The Chaffetz-Shea-Porter Amendment prohibits the use of whole-body imaging technology, which produces graphic and detailed images of aircraft passengers' bodies, as the sole or primary method of screening. Rather, it permits such imaging only when metal detection or other methods of screening demonstrate cause. The ACLU supported this amendment because of the Fourth Amendment and other privacy protections it affords aircraft passengers.

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Agreed To

Barring Federal Court Prosecutions of Alleged 9/11 Cases

On November 5, 2009, the Senate voted to table, thus defeating, an amendment offered by Senator Lindsey Graham (R-SC) to the FY 2010 Commerce, Justice, Science, and Related Agencies Appropriations Act (H.R. 2847) by a vote of 54-45. The Graham Amendment would have prohibited the Department of Justice from using funds under the legislation for the prosecution in regular Article III federal courts of any alleged planners or conspirators in the September 11, 2001 attacks. The ACLU opposed the Graham Amendment because it would have forced the government to only use the fatally flawed military commissions for detainees' trials. Additionally, the amendment would have needlessly tied the President's hands in resolving the problem of Guantanamo and disposing of cases in ways that comport with human rights principles and the rule of law.

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Agreed To

Denying Planned Parenthood Title X Funding

On Friday, July 24, 2009, the House defeated an amendment offered by Representative Mike Pence (R-IN) to the FY 2010 Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act (H.R. 3293) by a vote of 183-247. The Pence Amendment would have prohibited the disbursement of Title X family planning funds to Planned Parenthood Federal of America because the organization uses its own money to provide women with abortion care. The ACLU opposed the Pence Amendment because it would undermine women's access to basic health care services, would disproportionately impact low-income women and women of color, and raised serious constitutional concerns by penalizing an organization for its use of non-federal dollars in the exercise of a constitutionally protected right.

Oppose

Failed

Federally-Funded Private and Religious School Vouchers

On Tuesday, March 10, 2009, the Senate defeated an amendment offered by Senator Ensign (R-NV) that would have continued federal funding for private and religious school vouchers in the District of Columbia by a vote of 58-39. Senator Ensign attempted to attach his amendment to the Omnibus Appropriations Act of 2009 (H.R. 1105). The Ensign Amendment would have removed requirements in the underlying legislation that mandate congressional reauthorization and approval by the D.C. government in order for the voucher program, the nation's first and only federally-funded private and religious school program of its kind, to receive federal funding after the 2009-2010 academic year. The ACLU opposed the Ensign Amendment because the federal government should not send taxpayer dollars to fund, directly or indirectly, the religious education of children. Additionally, federal funds should not be used to subsidize private and religious schools that do not have to comply with many federal, state and local civil rights laws.

Oppose

Failed

Government-Funded Religion in Federal Construction

On February 5, 2009, the Senate defeated an amendment offered by Senator DeMint (R-SC) that would have removed religious liberty protections from the American Recovery and Reinvestment Act of 2009 (H.R. 1) by a vote of 54-43. The ACLU opposed the DeMint Amendment because it was at stark odds with the Constitution's Establishment Clause, as well as Supreme Court precedent. It would have removed a provision from the economic stimulus bill that reinforces constitutional protections by prohibiting the government from providing "green-building" federal funds for the construction or repair of buildings used for worship or other religious purposes.

Oppose

Failed

Lilly Ledbetter Fair Pay Act (House Vote on Original House Bill, H.R. 11)

On January 9, 2009, the House passed the Lilly Ledbetter Fair Pay Act (H.R. 11) by a vote of 247 to 171. The ACLU supported this legislation, which would allow employees who have suffered pay discrimination to seek vindication without facing unduly and unfairly restrictive deadlines. The legislation addresses wage disparities based on race, color, religion, sex, national origin, age, and disability, clarifying that such discrimination is not a one-time occurrence that starts and ends with a pay decision, but that each paycheck represents a continuing violation by an employer.

Support

Passed

Lilly Ledbetter Fair Pay Act (House Vote on Senate Version of Ledbetter Bill, S. 181)

On January 27, 2009, the House passed the Senate-passed version the Lilly Ledbetter Fair Pay Act (S. 181) by a vote of 250 to 177. The ACLU supported this legislation, which would allow employees who have suffered pay discrimination to seek vindication without facing unduly and unfairly restrictive deadlines. The legislation addresses wage disparities based on race, color, religion, sex, national origin, age, and disability, clarifying that such discrimination is not a one-time occurrence that starts and ends with a pay decision, but that each paycheck represents a continuing violation by an employer.

Support

Passed

Lilly Ledbetter Fair Pay Act (Senate)

On January 22, 2009, the Senate passed the Lilly Ledbetter Fair Pay Act (S. 181) by a vote of 61 to 36. The ACLU supported this legislation, which would allow employees who have suffered pay discrimination to seek vindication without facing unduly and unfairly restrictive deadlines. The legislation addresses wage disparities based on race, color, religion, sex, national origin, age, and disability, clarifying that such discrimination is not a one-time occurrence that starts and ends with a pay decision, but that each paycheck represents a continuing violation by an employer.

Support

Passed

Lilly Ledbetter Fair Pay Act - Weakening Amendment

On January 22, 2009, the Senate defeated a weakening amendment to the Lilly Ledbetter Fair Pay Act (S. 181) offered by Senator Hutchison (R-TX) by a vote of 55 to 40. The ACLU opposed the Hutchison Amendment, which would have gutted the protections provided in the underlying legislation by forcing employees seeking to challenge pay discrimination to abide by the unfair rule set out in Ledbetter v. Goodyear unless they could prove that they had no reason to suspect pay discrimination. Instead of solving the problem the Ledbetter decision created, the Hutchison Amendment would have forced employees to rush to file complaints at any mere rumor of discrimination lest they lose their access to relief.

Oppose

Failed

Limiting Women's Access to Abortion Coverage

On November 7, 2009, the House passed, by a vote of 240-194-1, an amendment offered by Representatives Bart Stupak (D-MI) and Joseph Pitts (R-PA) to the Affordable Health Care for America Act (H.R. 3962). The Stupak-Pitts Amendment would prohibit federal subsidies from going to any private insurance plan operating in the proposed health care exchange that offers coverage for abortion and prohibits the proposed public plan from offering abortion care even if only private dollars are utilized. The ACLU opposed the Stupak-Pitts Amendment because it would impose unprecedented restrictions on women's access to abortion and could take away abortion coverage to women who already have it.

Oppose

Agreed To