American Civil Liberties Union

Videotaping Detainee Interrogations

On June 25, 2009, the House passed, by a vote of 224-193, an anti-torture amendment offered by Representative Rush Holt (D-NJ) to the National Defense Authorization Act (H.R. 2647) that would require the recording and retention of videos of interrogations of persons under the control of the Department of Defense, or being held at Defense Department facilities. The amendment would bring interrogations into line with recommended best practices for both military and law enforcement interrogations, increasing accountability for compliance with the McCain Anti-Torture Amendment, President Obama's Executive Order prohibiting torture and abuse, the Army Field Manual on Interrogations and other federal anti-torture laws and treaties. The ACLU supported the Holt Amendment because it takes important and needed steps in returning accountability and the rule of law to the federal government's interrogation and detention policies.

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Agreed To

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.

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Passed

Prohibiting Funding of Syringe Exchange Programs

On Friday, July 24, 2009, the House defeated an amendment offered by Representative Mark Souder (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 211-218. The Souder Amendment would have prohibited federal funds from being used to support syringe exchange programs. The ACLU opposed the Souder Amendment as a rejection of evidence-based science, which would have harmful consequences for public health. Every scientific study of needle exchange programs has concluded that access to sterile injection equipment is a proven way to reduce the spread of deadly, infectious blood-borne diseases like HIV/AIDS and hepatitis C.

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

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.

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Passed

Mandating the Use of a Flawed Employment Verification Database

On July 8, 2009, the Senate defeated, by a vote of 44-53, a motion to table (i.e. kill) an amendment to the FY 2010 Department of Homeland Security Appropriations Act (H.R. 2892) offered by Senator Sessions (R-AL). The amendment sought to make the current temporary E-Verify program permanent and mandate its use for all federal contractors and subcontractors. The ACLU opposed the Sessions Amendment and supported the motion to table it because of numerous, well-documented errors in the E-Verify program threatening the employment of thousands of U.S. citizens and lawful immigrant workers. Additionally, rather than taking positive steps toward solving our nation's immigration issues, the Sessions Amendment would exacerbate an already difficult situation faced by U.S. workers and employers struggling to make ends meet during the current economic recession. The ACLU called for a 'YES' vote in favor of the motion to kill the amendment.

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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

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.

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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 (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