American Civil Liberties Union

Prosecuting Hate Crimes

On April 29, 2009, the House passed the Local Law Enforcement Hate Crimes Prevention Act of 2009 (H.R. 1913) by a vote of 249 to 175. The ACLU supported this legislation because it would expand the federal criminal civil rights statute to punish violent acts committed against a person because of his or her sexual orientation, gender identity, gender or disability. It also included important First Amendment free speech and association protections by prohibiting the use of evidence of a person's speech or membership to prove the crime unless the evidence was specifically related to the violent offense. These would be the strongest protections against the misuse of a person's exercise of free speech rights that Congress has ever enacted as part of the federal criminal code.

Support

Passed

Paycheck Fairness Act

On January 9, 2009, the House passed the Paycheck Fairness Act (H.R. 12) by a vote of 256 to 163. The ACLU supported this legislation, which would amend the Equal Pay Act, one of the most important laws addressing pay discrimination. In particular, it would strengthen the Act by requiring employers to demonstrate that wage differences among employees, who hold the same position and do the same work, stem from factors other than sex; strengthening penalties for violations; bolstering the Equal Employment Opportunity Commission's (EEOC) ability to handle pay discrimination cases; and requiring the EEOC to develop regulations directing employers to collect wage data of employees, reported by race, sex and national origin.

Support

Passed

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

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

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

Paycheck Fairness Act - Motion to Recommit

On January 9, 2009, the House defeated a motion to recommit the Paycheck Fairness Act (H.R. 12) by a vote of 240 to 178. The ACLU opposed the motion to recommit, which would have placed a cap on the attorneys' fees a prevailing plaintiff could receive under the Equal Pay Act. The Paycheck Fairness Act is intended to strengthen the Equal Pay Act, not limit the ability of those suffering pay discrimination to get the legal help necessary to ensure they receive their rightfully earned wages.

Oppose

Failed

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

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