November, 03 2010, 10:50am EDT
For Immediate Release
Contact:
Robyn Shepherd, ACLU National, (212) 519-7829 or 549-2666; media@aclu.org
Supreme Court Hears ACLU Case Challenging Discriminatory Arizona School Tuition Program
Tax-Funded Tuition Disbursement Organizations Discriminate Based on Religion, Says ACLU
WASHINGTON
The U.S. Supreme Court heard arguments today in an American Civil Liberties Union and ACLU of Arizona case challenging an Arizona tax credit-funded school tuition program under which most of the state-funded, private school scholarships are unconstitutionally awarded on a religiously discriminatory basis.
"We are hopeful that the Court will see that this is not a program of private taxpayer charity, but a government spending program that supports religious discrimination," said Paul Bender, lead counsel, who argued the case for the plaintiffs. "By appointing religious organizations to disburse scholarships that are funded completely with tax revenues, and allowing those organizations to grant scholarships based on the religion of applicants, the state is unconstitutionally engaging in religious discrimination."
Under the challenged program, Arizona scholarships are awarded by School Tuition Organizations (STOs). These organizations are certified and closely supervised by the state and financed exclusively by state income tax revenues. Taxpayers can direct their tax payments to the STOs for a 100 percent tax credit, rather than paying the Department of Revenue, essentially costing the taxpayers nothing. The cost is borne entirely by the state's general fund. As one of the STOs describes the program, "Imagine giving [charity] with someone else's money...stop imagining. Thanks to Arizona tax laws you can."
Since its passage in 1997, the tuition tax credit scheme has been dominated by religious discrimination. More than half of over $50 million awarded by STOs in 2009, for example, was awarded by STOs that required students to attend religious schools in order to receive scholarships. The Arizona Christian School Tuition Organization, a petitioner in this case, states that its goal is "to further Christian education by effectively implementing the provisions of [the program] for the benefit of Christian school students and their families."
"Arizona has created a complex statutory scheme, but the constitutional principles are simple: taxpayer funds cannot be awarded on the basis of religious criteria," said Steven R. Shapiro, Legal Director of the ACLU.
The Arizona program differs from the Cleveland voucher program that was upheld by the Court in 2002. That program provided vouchers to help inner-city students from low-income families escape a failed public school system. The vouchers in that program were not distributed based on the applicants' beliefs and there was no stipulation as to where they could attend school.
"The decision to award scholarships in Arizona rests entirely in the hands of taxpayer-funded, state-sanctioned organizations, the majority of which are religious in nature," said Daniel Mach, Director of the ACLU Program on Freedom of Religion and Belief. "Because the Arizona program does not award scholarships on a religiously neutral basis, and denies parents free choice in determining where the scholarships can be used, this is completely different from other voucher schemes. The government should have no role in supporting programs that play favorites when it comes to religion."
The case also addresses whether the Arizona taxpayers who are the plaintiffs in the case have standing to challenge the program.
"Arizona taxpayers have an absolute right to challenge a program that diverts much-needed state funds from tax revenue to private religious schools on the basis of religious discrimination," said Dan Pochoda, Legal Director of the ACLU of Arizona. "The state cannot use taxpayer money to support organizations that are not open to children of all faiths."
Attorneys on the case, Arizona Christian School Tuition Organization vs. Winn, include Bender, a law professor at Arizona State University's law school and former U.S. Deputy Solicitor General; Shapiro and Mach of the ACLU; Pochoda of the ACLU of Arizona; and Isabel M. Humphrey of the Phoenix law firm Hunter, Humphrey and Yavitz, PLC.
For more information on this case, please visit: www.aclu.org/religion-belief/arizona-christian-school-tuition-organization-v-winn
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) 549-2666LATEST NEWS
'We Are Alive, But We Are Not OK': Gaza Doctors Detail Horrific Toll of Israeli Assault
"Our suffering is being live-streamed, but the world watches in silence. We have been failed."
Apr 26, 2024
Healthcare workers in the Gaza Strip have witnessed firsthand the appalling toll of Israel's war, treating badly wounded patients and amputating limbs without anesthesia, delivering babies condemned to starvation by the Israeli blockade, and enduring repeated attacks on overwhelmed medical facilities.
Such horrors have had devastating physical and psychological consequences for doctors living and volunteering in Gaza, including hundreds of staffers for Médecins Sans Frontières (MSF), also known as Doctors Without Borders.
On Friday, MSF published unnerving testimony from several members of its staff, including Dr. Ruba Suliman, who works at the Indonesian Field Hospital in Rafah, an overcrowded city in southern Gaza that Israeli forces are preparing to invade.
"There is constant noise from the drones, which never leave us. Sometimes it's really hard to sleep," said Suliman, whose family was displaced by Israel's assault. "I have this moral obligation to help people around me and I have this other obligation to save my kids."
"We are alive, but we are not OK," she said. "We are tired. Everybody here is devastated."
MSF also published a video Friday featuring an interview with Dr. Audrey McMahon, a psychiatrist who recently returned from Palestine.
The video begins with screenshots of a series of text messages McMahon received from an unnamed colleague in Gaza.
"I feel lost," the messages read. "I don't have a home. My home and my city were destroyed... Our suffering is being live-streamed, but the world watches in silence. We have been failed."
McMahon said that while doctors are "trained to see blood" and other things that "would be hard to see for most people," what they've witnessed over the past six months "is extremely distressing and disturbing for any human being who would see it."
"They've been seeing people coming missing one or many limbs, dismembered children, and women and men in acute extreme pain," said McMahon. "In the beginning we had no more supplies, and so some amputations were done without any painkillers or sedation, which is beyond imaginable."
"Some doctors, some medical staff, received their own people—their own family or extended family," she continued. "Having to witness that and treat your own people adds another layer of something potentially very, very traumatic."
More than 480 healthcare workers are among the more than 34,000 people who have been killed by Israel's military assault, which has almost completely destroyed Gaza's healthcare system—a major war crime. Not a single hospital in the territory is fully functional, and mass graves were recently discovered at two of the enclave's largest medical complexes, both of which Israeli forces reduced to ruin.
In a briefing to the United Nations earlier this year, MSF secretary-general Christopher Lockyear said that "there is no health system to speak of left in Gaza."
"Israel's military has dismantled hospital after hospital," said Lockyear. "What remains is so little in the face of such carnage."
Amparo Villasmil, an MSF psychologist who worked in Gaza in February and March, said Friday that "when we say that there is no safe place in Gaza today, we are not just talking about the shelling."
"There isn't even a safe place in people's minds," said Villasmil. "They live in a state of constant alert. They can't sleep, they think that at any moment they are going to die; that if they fall asleep, they won't be able to react quickly and run away, or protect their family."
Villasmil described finding a fellow psychologist in Gaza "leaning his head on his knees" and "on the verge of tears," telling her "how exhausted he was."
"He asked me what he was supposed to do, where he should go, and when this war would stop," said Villasmil. "I had no answers to give him."
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Amid Israeli Bombs, Bullets, and Blockade, Gazans Now Face Suffocating Heat
"The tent feels like it's on fire," said one young refugee mother. "It's so hot you can't bear it, especially with young children."
Apr 26, 2024
Just a few months ago, Palestinian children exposed to the elements amid Israel's genocidal assault on of Gaza were dying of hypothermia. Now they're facing potentially deadly heat as temperatures soar to over 100°F in the embattled strip, where hundreds of thousands of forcibly displaced people are sweltering in tents and other makeshift shelters.
The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) warned Friday that "unexpected blistering temperatures across Gaza have added to the daily misery faced by the enclave's people and sparked new fears of disease outbreaks amid a lack of sufficient clean water and waste disposal."
"It is so hard. It's a heat that I can't describe."
Although there was a repsite Friday, temperatures in Gaza have soared as high as 108°F in recent days, and it's not even May yet. During the hotter summer months, the mercury can soar to over 120°F. Even with air conditioning and refrigeration during less trying times, Gazans often struggled with the summertime heat.
Now those luxuries are gone, replaced by suffocating heat, privation, and the ever-present threat of death or injury from Israeli bombs and bullets as the approximately 1.5 million people sheltering in Rafah brace for an impending invasion.
Many refugees are sheltering in structures made from heat-trapping agricultural greenhouses.
"The tent feels like it's on fire," Maryam Arafat, a young mother of three, toldThe New York Times earlier this week as her infant daughter screamed in discomfort. "It's so hot you can't bear it, especially with young children."
Gaza City refugee Mustafa Radwan told U.N. News that "it is like living in a greenhouse, no one can tolerate living inside."
Arafat and Radwan are but two of the approximately 2 million Palestinians forced from their homes by Israel's relentless bombardment and invasion of Gaza following the October 7 attacks.
Day after day, refugees are forced to wait in long lines for water and other necessities. Safe drinking water is particularly hard to find. Ice is nonexistent.
"Everything is a queue, everything is suffering in displacement," lamented Radwan.
Arafat said: "Everything has become difficult in this world. There is no water."
The scorching heat only adds to the misery. So do recent decisions—trees that were chopped down in the cold months for heating and cooking fuel are no longer there to provide shade as spring marches into summer.
Warmer temperatures also bring insects, some of which carry diseases.
"We can't sit outside and we can't sit inside the tent," Fadwa Abu Waqfa, another mother of three living in a tent in Rafah, told the Times. "It is so hard. It's a heat that I can't describe."
Dr. Ahmed Hanouda, director of a pop-up clinic in the Mawasi area of the devastated southern city of Khan Younis, told U.N. Newsthat "with the onset of summer, difficulties increase from water scarcity and overcrowding, leading to the spread of infectious diseases, skin sensitivities, lice, and other illnesses."
"We are, of course, trying to address these problems and provide services to the displaced people under these challenging circumstances based on the available resources," Hanouda added. "We look forward to offering better services and providing better facilities in the coming days."
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House Progressives Blast Attempts to Discredit Pro-Gaza Campus Protests
Rep. Ayanna Pressley condemned "misinformation that aims to undermine this movement, outside agitators that detract from peaceful solidarity actions, and the aggressive response by law enforcement."
Apr 26, 2024
Progressives in Congress this week have joined professors and Holocaust survivors in supporting peaceful student protests against the U.S.-backed Israeli assault of the Gaza Strip as the demonstrators have been demonized by the White House, Democratic and Republican political leaders, police, administrators, and the corporate media.
"Peaceful protest is a central tenet of our democracy and students standing for justice have often been a catalyst for much-needed change," Rep. Ayanna Pressleysaid Friday. "From the 1960s Civil Rights Movement, the Vietnam War protests, the struggle for gender equality, and the movement for Black lives, to the global movement for peace in Israel and Palestine, many of the rights we tout today were earned thanks to the sweat equity of students demonstrating on college campuses across the nation."
Already, hundreds of students and faculty have been arrested for protesting at dozens of U.S. college and university campuses.
Pressley, who supports a cease-fire in Gaza, stressed that "every student, regardless of background or faith, has a right to feel safe and show up in the world without fear or discrimination—and we must ensure that those exercising their right to free speech are met with dignity and respect, not criminalization."
"We cannot lose sight of the horrific injustices that Palestinians in Gaza are facing."
"That is why I am deeply concerned about misinformation that aims to undermine this movement, outside agitators that detract from peaceful solidarity actions, and the aggressive response by law enforcement to students peacefully protesting across the country," Pressley said. "The National Guard or riot police should not be called in response to students' peaceful freedom of expression."
"I am grateful to students nationwide and across the Massachusetts 7th—at Emerson, Northeastern, MIT, Tufts, Boston University, Harvard, and more—who are raising their voices and putting their bodies on the line to press for action to save lives in Gaza," she added. "That is what this movement is about. We cannot lose sight of the horrific injustices that Palestinians in Gaza are facing and I am proud to stand in solidarity with peaceful protestors."
Since October, Israeli forces have
killed at least 34,356 Palestinians, wounded another 77,368, and displaced around 90% of the besieged enclave's 2.3 million people. Thousands more remain missing in the rubble of devastated civilian infrastructure. The International Court of Justice has deemed Israeli Prime Minister Benjamin Netanyahu's war—fueled by U.S. weapons and diplomatic support—plausibly genocidal.
Rep. Ilhan Omar's (D-Minn.) daughter Isra Hirsi was suspended from Columbia University's Barnard College earlier this month for "standing in solidarity with Palestinians facing a genocide." Omar—a war refugee and longtime critic of the Israeli government—has not only grilled the Ivy League school's president at a congressional hearing but also attended the ongoing demonstration.
"I had the honor of seeing the Columbia University anti-war encampment firsthand," Omar said Thursday. "Contrary to right-wing attacks, these students are joyfully protesting for peace and an end to the genocide taking place in Gaza. I'm in awe of their bravery and courage."
I had the honor of seeing the Columbia University anti-war encampment firsthand.
Contrary to right-wing attacks, these students are joyfully protesting for peace and an end to the genocide taking place in Gaza.
I’m in awe of their bravery and courage. pic.twitter.com/yC6hcBMwCP
— Ilhan Omar (@IlhanMN) April 25, 2024
Omar is a frequent target of right-wing attacks, which she has faced in the past for being outspoken on foreign policy issues and this month for supporting student anti-war protesters.
House Majority Whip Tom Emmer (R-Minn.) claimed that "Omar's pro-Hamas rhetoric solidifies the Democrat Party as the pro-terrorist party."
Responding to Emmer, Rep. Jamaal Bowman (D-N.Y.) said that "this rampant Islamophobia is unacceptable. My sister Ilhan Omar is standing up with the students peacefully demanding a cease-fire to end the bombing, starving, and killing of Palestinian people. No amount of hatred is going to stop this movement for peace."
Bowman—who faces a primary challenger backed by the American Israel Public Affairs Committee—has also slammed House Speaker Mike Johnson's (R-La.) trip to Columbia and law enforcement's crackdown against students.
"As an educator who personally experienced the overpolicing of our schools, this is personal to me," Bowman said. "We must resist right-wing demagoguery and stop suppressing peaceful protest if we are to keep students safe."
Both Bowman and Rep. Alexandria Ocasio-Cortez (D-N.Y.) visited the Columbia encampment on Friday. The congresswoman has also publicly
challenged comments from New York Police Department of Patrol John Chell and taken aim at "vulnerable N.Y. Republicans in tight seats" who have gone to campus to condemn the nationwide demonstrations.
"They have played a key role drumming up pressure to crack down on students and asymmetrically police Palestinian human rights speech," Ocasio-Cortez said of her Republican colleagues. "Those campus hearings? GOP-led. They need to lose."
Police violence against students and professors has been on display across the country. A day after state troopers descended on a demonstration at the University of Texas at Austin, Rep. Greg Casar (D-Texas) addressed protesters, noting the decades of protests at the campus.
"We need a cease-fire now in Gaza. And it is up to us to live that out here today," Casar said, with the crowd echoing his speech line by line. "My message to the university is clear: Students and faculty are not the enemy. Students and faculty are the university. We are the university. This is our democracy. And we are going to save it, here and for the world."
"I am so proud of each and every one of you. Because you have raised your voices, Austin is the largest city in this country where your entire Democratic delegation voted 'no' on sending more weapons to Netanyahu," he noted, eliciting cheers. "There are millions more lives at stake and your continued organizing is the only way we can stop being complicit in this killing and instead get to saving our shared humanity. Solidarity forever."
After defeating a primary challenger backed by a billionaire Republican megadonor and Netanyahu ally earlier this week, Rep. Summer Lee (D-Pa.) on Thursday addressed the University of Pittsburgh's encampment.
"While Netanyahu compares students on campuses like Pitt—including Jewish students—protesting peacefully against genocide to Nazis and attempts to define the limits of our free speech and assembly, it's worth noting that there are no universities left in Gaza from Israeli and U.S. bombs," Lee said in a social media post about her speech.
"We must always confront and root out antisemitism anywhere it appears, and not let the white nationalist GOP be the arbiters or weaponizers of it," she continued. "Students engaging in the time-honored tradition of activism and civil disobedience is a crucial right we must all protect."
Rep Summer Lee @RepSummerLee drops by the University of Pittsburgh’s Palestine encampment to support and give propers to the students leading the fight for Pitt to divest from the occupation as part of the broader student movement that erupted across the US. 🇵🇸✊🏼 pic.twitter.com/KFeTNX138G
— Abdelrahman ElGendy (@El_Gendy_95) April 25, 2024
As
Common Dreamsreported Thursday, Jewish Sen. Bernie Sanders (I-Vt.)—who lost family members to the Holocaust—also pushed back against Netanyahu's mischaracterization of U.S. campus protests, asserting, "It is not antisemitic to hold you accountable for your actions."
Others who have spoken out this week include Rep. Hank Johnson (D-Ga.), who denounced Republican Gov. Brian Kemp's decision to deploy the Georgia State Patrol at Emory University, saying the officers have "no place on the college campus. And neither do outside agitators who seek to usurp the peaceful protests against the Netanyahu government's killing of tens of thousands of innocent Gazans by giving life to a false narrative that the protest movement is violent and antisemitic."
Drawing on her own experiences with the Black Lives Matter movement, Rep. Cori Bush (D-Mo.) said that "as a Ferguson activist, I know what it's like to have agitators infiltrate our movement, manipulate the press, and fuel the suppression of dissent by public officials and law enforcement. We must reject these tactics to silence anti-war activists demanding divestment from genocide."
Rep. Delia Ramirez (D-Ill.) declared that "the rights to peaceful assembly and to express dissent are constitutional freedoms. Criminalizing young people who are using their voices to call for peace is not only harmful; it endangers the well-being of the students and the health of our multiracial, multicultural democracy. Resisting war and standing up for peace are not a crime."
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