home > resources > archive ACLU of Utah Activist Email Newsletter: July 2004 In this issue: Supreme Court Says Those Held in War on Terror Must Get Day in Court ACLU Analyzes This Term’s Supreme Court Decisions Upcoming Local Events Action: Say No to the Federal Marriage Amendment Action: Stop Congress from Writing Censorship into the Constitution Supreme Court Says Those Held in War on Terror Must Get Day in Court This week, the U.S. Supreme court issued a historic ruling for civil liberties with its ruling on behalf of detainees and "enemy combatants" in both the Guantnamo and Hamdi cases. The ruling is sending a strong signal to the Bush Administration that even in times of war, the government must adhere to the Constitution and the rule of law. Since 9/11, the Bush Administration has amassed more and more power in the name of fighting terrorism, with very little resistance from Congress, the states or the majority of the American people. In its ruling that detainees and enemy combatants held by the United States are entitled to challenge their detention in court, the Court rejected the administrations arguments that its actions in the war on terror are beyond the rule of law. This is a historic win for civil liberties and today all of us at the ACLU extend our thanks to the members and supporters who make our work possible. By speaking out and standing up for civil liberties when others remained silent, you have played a role in these victories. "The Supreme Court," said ACLU Executive Director Anthony Romero, "today unflinchingly asserted the central role of the judiciary in determining the appropriate balance in matters of < national security and civil liberties." "President Bush and Attorney General Ashcroft have wrongly asserted that their actions in the war on terror were lawful and within the scope of the Constitution," Romero said. "Today’s decisions clearly repudiate that assertion and show that the Bush Administrations war on terror has eroded constitutional rights and respect for the rule of law. The Guantnamo and Hamdi cases in particular reinforce long standing notions of the rights of the detained and accused." In another enemy combatant case, Rumsfeld v. Padilla, the Justices evaded the substantive question of Padillas right to counsel, saying his case was brought in the wrong venue and must be refiled in South Carolina where Padilla is being held. Click here to read the ACLU’s full press release on the cases >> ACLU Analyzes This Term’s Supreme Court Decisions "The Supreme Court Term that ended today will long be remembered for its emphatic repudiation of the Bush Administrations claim that it can conduct the war on terrorism as it sees fit with virtually no opportunity for meaningful judicial review," the American Civil Liberties Union said today. Insisting that a system of checks and balances is essential to safeguarding both liberty and security, the Court ruled that foreign citizens detained at Guantnamo Bay and American citizens detained in military brigs are both entitled to their day in court. These are truly historic decisions, said Steven R. Shapiro, the ACLU’s national legal director. The administration has treated the rule of law as an inconvenience in the war against terrorism. In response, the Supreme Court has sent a powerful message that the end does not justify the means, and that it will not sit on the sidelines while the rule of law is ignored. Click here to read the full analysis >> Upcoming Local Events July 31 The ACLU will be sharing an information table with the Multi- Cultural Legal Center and other legal advocacy organizations at Salt Lake American Muslim Cultural Festival - 11am - 7pm Gallivan Center, Downtown, 239 S. Main Street Free Admission - Free Metered Street Parking Safe entertainment for the whole family Multi- ethnic performances and low cost food. Alcohol free environment Utah Attorney General Mark Shurtleff will open the festival. Dani Eyer, director of the ACLU of Utah will be a speaker at a series of Unitarian Church Summer Forums. Her talks will be on "Civil Liberties in the Post 9/11 Era" These events are free and open to the public. The first is on July 18 First Unitarian Church 569 South 1300 East, Salt Lake City 10 AM August 8 South Valley Unitarian Church 6876 South 2000 East, Salt Lake City 10:30 AM Action: Say No to the Federal Marriage Amendment Congress is -- once again -- attempting to rewrite the Constitution. Just last week, some Senators talked openly about restricting free speech with the introduction of the flag desecration amendment. And even with that debate still brewing, the Senate plans to vote on a measure that would permanently write discrimination into the Constitution with the Federal Marriage Amendment. In fact, your Senators may vote on both proposed constitutional amendments within the next few weeks. Click here to take immediate action against the Federal Marriage Amendment >> Marriage equality is a constant debate in our nation. It was only 35 years ago that the last law prohibiting people of different races from marrying was overturned. Despite these emotional debates, we have never taken the step of amending the Constitution to define marriage. Now is not the time to use the Constitution as a tool for discrimination against gays, lesbians or any American. Denying gay couples the right to marry takes away legal rights in pensions, health insurance, hospital visitation and inheritance that other committed couples enjoy. It is wrong to discriminate in this way against gay and lesbian Americans who serve in our military, who keep our communities safe as firefighters and police officers, who staff our hospitals and who pay taxes. Please speak out against this dangerous amendment! You can make your voice heard today! Action: Stop Congress from Writing Censorship into the Constitution Please help us stop Congress from writing censorship into the Constitution. The flag desecration amendment would change for the first time in the history of our nation the First Amendment. People from all walks of life, include thousands of veterans, have already voiced their opposition to this amendment. We hope you will too. Click here to take action on the flag desecration amendment >> Return to top of page

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