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Will Matthews, ACLU, (212) 549-2582 or 2666; media@aclu.org
Joe Conn, Americans United for Separation of Church and State, (202) 466-3234; conn@au.org
Patrick Doyle, ACLU of Connecticut, (860) 523-9146 ext. 213; pdoyle@acluct.org
The
American Civil Liberties Union, the ACLU of Connecticut and Americans
United for Separation of Church and State today demanded that school
officials in Enfield stop holding high school graduation ceremonies at
a Christian church and instead hold them at any of a number of secular
locations available in the area.
In a letter sent today to the
attorney for the Enfield Public Schools, the ACLU and Americans United
say that graduating students, their families and other guests are
unconstitutionally and "coercively subjected to religious messages as
the price of attending high school commencement," and that "students
and family members of minority religions, as well as those who do not
subscribe to any religion at all, are immersed in a religious
environment of a faith not their own."
The ACLU and Americans United plan to sue the district if it refuses to change the location of its graduations.
"In our constitutional system,
public schools should not be in the business of embracing particular
faiths or religious viewpoints," said Daniel Mach, Director of
Litigation at the ACLU Program on Freedom of Religion and Belief. "The
graduation ceremony is a significant event in the lives of students and
their families, and no one should feel like a second-class participant
during this important celebration."
Despite significant opposition from
both students and parents, the graduation ceremonies for both Enfield
High School and Enrico Fermi High School have been held for several
years at The First Cathedral in Bloomfield, CT, a 120,000 square foot
facility that is steeped in Christian symbols and iconography.
Approximately 75 percent of Enfield High School's 2008 graduating class
and 90 percent of the school's 2009 graduating class voted against
graduating at The First Cathedral, and a significant percentage of
students at Enrico Fermi have also opposed the venue.
"America is incredibly diverse when
it comes to religion," said the Rev. Barry W. Lynn, Americans United
Executive Director. "Our public schools should respect that diversity
when making decisions about where to hold important events such as
graduation. Students and their families should never be made to feel
unwelcome at a school event on account of religion."
The ceremonies have been held at The
First Cathedral despite the existence of at least a dozen secular
alternatives in the surrounding area, including some that are both less
expensive and closer to Enfield.
"Students and their families should
not have to choose between attending graduation and being subjected to
proselytizing religious messages," said Alex Luchenitser, Senior
Litigation Counsel for Americans United. "Yet that is exactly the
choice that the Enfield Schools impose on students and their families."
The facade of The First Cathedral
features five large Christian crosses, and another large cross towers
over the cathedral's roof. There is a fountain in the shape of a cross
surrounded by a frame in the shape of a tomb in the church's lobby, and
upon entering the sanctuary where the graduations take place, students
and parents pass underneath large banners on which biblical scriptures
are written. During the graduation ceremony, students are seated
underneath a giant cross in a window at the front of the sanctuary and,
to the left of the cross, hangs a banner that reads, "Jesus Christ is
Lord." There are also a number of large-screen televisions throughout
the sanctuary that display the message, "This is God's House Where
Jesus Christ Is Lord," while students and guests wait for the ceremony
to begin.
"The shared American value of
religious liberty is best served when the government stays out of
religion," said David McGuire, staff attorney with the ACLU of
Connecticut. "Regardless of intent, when Enfield Public Schools host
graduation at The First Cathedral they devalue the faith of students
and families in the religious minority."
Four other area public schools -
East Hartford High School, South Windsor High School, Windsor High
School and the Metropolitan Learning Center Magnet School - also have
been using The First Cathedral for their graduations. The ACLU and
Americans United recently sent Freedom of Information Act requests to
those schools, as well as to the Enfield Schools, about their choice of
a venue for graduation, and plan to follow up with those schools
separately.
A copy of today's letter is available online at: www.aclu.org/religion-belief/letter-demanding-enfield-ct-schools-stop-using-church-graduation-venue
Additional information about the ACLU Program on Freedom of Religion and Belief is available online at: www.aclu.org/religion
Additional information about Americans United for Separation of Church and State is available online at: www.au.org
Additional information about the ACLU of Connecticut is available online at: www.acluct.org
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666"Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food," one lawyer said.
As the Trump administration continued its illegal freeze on food assistance, the US Department of Agriculture sent a warning to grocery stores not to provide discounts to the more than 42 million Americans affected.
Several grocery chains and food delivery apps have announced in recent days that they would provide substantial discounts to those whose Supplemental Nutrition Assistance Program (SNAP) benefits have been delayed. More than 1 in 8 Americans rely on the program, and 39% of them are children.
But on Sunday, Catherine Rampell, a reporter at the Washington Post published an email from the USDA that was sent to grocery stores around the country, telling them they were prohibited from offering special discounts to those at greater risk of food insecurity due to the cuts.
"You must offer eligible foods at the same prices and on the same terms and conditions to SNAP-EBT customers as other customers, except that sales tax cannot be charged on SNAP purchases," the email said. "You cannot treat SNAP-EBT customers differently from any other customer. Offering discounts or services only to SNAP-eligible customers is a SNAP violation unless you have a SNAP equal treatment waiver."
The email referred to SNAP's "Equal Treatment Rule," which prohibits stores from discriminating against SNAP recipients by charging them higher prices or treating them more favorably than other customers by offering them specialized sales or incentives.
Rampell said she was "aware of at least two stores that had offered struggling customers a discount, then withdrew it after receiving this email."
She added that it was "understandable why grocery stores might be scared off" because "a store caught violating the prohibition could be denied the ability to accept SNAP benefits in the future. In low-income areas where the SNAP shutdown will have the biggest impact, getting thrown off SNAP could mean a store is no longer financially viable."
While the rule prohibits special treatment in either direction, legal analyst Jeffrey Evan Gold argues that it was a "perverted interpretation of a rule that stops grocers from price gouging SNAP recipients... charging them more when they use food stamps."
The government also notably allows retailers to request waivers for programs that incentivize SNAP recipients to purchase healthy food.
Others pointed out that SNAP is currently not paying out to Americans because President Donald Trump is defying multiple federal court rulings issued Friday, requiring him to tap a $6 billion contingency fund to ensure benefit payments go out. Both courts, in Massachusetts and Rhode Island, have said his administration's refusal to pay out benefits is against the law.
One labor movement lawyer summed up the administration's position on social media: "Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food."
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy.
After failing to use the government's might to bully Jimmy Kimmel off the air earlier this fall, President Donald Trump is once again threatening to bring the force of law down on comedians for the egregious crime of making fun of him.
This time, his target was NBC late-night host Seth Meyers, whom the president said, in a Truth Social post Saturday, "may be the least talented person to 'perform' live in the history of television."
On Thursday, the comedian hosted a segment mocking Trump's bizarre distaste for the electromagnetic catapults aboard Navy ships, which the president said he may sign an executive order to replace with older (and less efficient) steam-powered ones.
Trump did not take kindly to Meyers' barbs: "On and on he went, a truly deranged lunatic. Why does NBC waste its time and money on a guy like this??? - NO TALENT, NO RATINGS, 100% ANTI TRUMP, WHICH IS PROBABLY ILLEGAL!!!"
It is, of course, not "illegal" for a late-night comedian, or any other news reporter or commentator, for that matter, to be "anti-Trump." But it's not the first time the president has made such a suggestion. Amid the backlash against Kimmel's firing in September, Trump asserted that networks that give him "bad publicity or press" should have their licenses taken away.
"I read someplace that the networks were 97% against me... I mean, they’re getting a license, I would think maybe their license should be taken away,” Trump said. "All they do is hit Trump. They’re licensed. They’re not allowed to do that.”
His FCC director, Brendan Carr, used a similar logic to justify his pressure campaign to get Kimmel booted by ABC, which he said could be punished for airing what he determined was "distorted” content.
Before Kimmel, Carr suggested in April that Comcast may be violating its broadcast licenses after MSNBC declined to air a White House press briefing in which the administration defended its wrongful deportation of Salvadoran immigrant Kilmar Abrego Garcia.
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy (D-Conn.) on social media following Trump's tirade against Meyers. "Why? Because Trump believes he—not the people—decides the law. This is why we are in the middle of, not on the verge of, a totalitarian takeover."
"An ICE officer may ignore evidence of American citizenship—including a birth certificate—if the app says the person is an alien," said the ranking member of the House Homeland Security Committee.
Immigration agents are using facial recognition software as "definitive" evidence to determine immigration status and is collecting data from US citizens without their consent. In some cases, agents may detain US citizens, including ones who can provide their birth certificates, if the app says they are in the country illegally.
These are a few of the findings from a series of articles published this past week by 404 Media, which has obtained documents and video evidence showing that Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agents are using a smartphone app in the field during immigration stops, scanning the faces of people on the street to verify their citizenship.
The report found that agents frequently conduct stops that "seem to have little justification beyond the color of someone’s skin... then look up more information on that person, including their identity and potentially their immigration status."
While it is not clear what application the agencies are using, 404 previously reported that ICE is using an app called Mobile Fortify that allows ICE to simply point a camera at a person on the street. The photos are then compared with a bank of more than 200 million images and dozens of government databases to determine info about the person, including their name, date of birth, nationality, and information about their immigration status.
On Friday, 404 published an internal document from the Department of Homeland Security (DHS) which stated that "ICE does not provide the opportunity for individuals to decline or consent to the collection and use of biometric data/photograph collection." The document also states that the image of any face that agents scan, including those of US citizens, will be stored for 15 years.
The outlet identified several videos that have been posted to social media of immigration officials using the technology.
In one, taken in Chicago, armed agents in sunglasses and face coverings are shown accosting a pair of Hispanic teenagers on bicycles, asking where they are from. The 16-year-old boy who filmed the encounter said he is "from here"—an American citizen—but that he only has a school ID on him. The officer tells the boy he'll be allowed to leave if he'll "do a facial." The other officer then snaps a photo of him with a phone camera and asks his name.
In another video, also in Chicago, agents are shown surrounding a driver, who declines to show his ID. Without asking, one officer points his phone at the man. "I’m an American citizen, so leave me alone,” the driver says. "Alright, we just got to verify that,” the officer responds.
Even if the people approached in these videos had produced identification proving their citizenship, there's no guarantee that agents would have accepted it, especially if the app gave them information to the contrary.
On Wednesday, ranking member of the House Homeland Security Committee, Rep. Bennie Thompson (D-Miss.), told 404 that ICE agents will even trust the app's results over a person's government documents.
“ICE officials have told us that an apparent biometric match by Mobile Fortify is a ‘definitive’ determination of a person’s status and that an ICE officer may ignore evidence of American citizenship—including a birth certificate—if the app says the person is an alien,” he said.
This is despite the fact that, as Nathan Freed Wessler, deputy director of the ACLU's Speech, Privacy, and Technology Project, told 404, “face recognition technology is notoriously unreliable, frequently generating false matches and resulting in a number of known wrongful arrests across the country."
Thompson said: "ICE using a mobile biometrics app in ways its developers at CBP never intended or tested is a frightening, repugnant, and unconstitutional attack on Americans’ rights and freedoms.”
According to an investigation published in October by ProPublica, more than 170 US citizens have been detained by immigration agents, often in squalid conditions, since President Donald Trump returned to office in January. In many of these cases, these individuals have been detained because agents wrongly claimed the documents proving their citizenship are false.
During a press conference this week, Homeland Security Secretary Kristi Noem denied this reality, stating that "no American citizens have been arrested or detained" as part of Trump's "mass deportation" crusade.
"We focus on those who are here illegally," she said.
But as DHS's internal document explains, facial recognition software is necessary in the first place because "ICE agents do not know an individual's citizenship at the time of the initial encounter."
David Bier, the director of immigration studies at the Cato Institute, explains that the use of such technology suggests that ICE's operations are not "highly targeted raids," as it likes to portray, but instead "random fishing expeditions."