NYPD Gives Finger To NYCLU

I recently wrote about the smartphone app that allows users to record interactions with the NYPD and send the video directly to the NYCLU.  The app launches officially today and the NYCLU has posted the below response from two New York City cops.

NEW YORK CITY: Judge Rules NYPD's Stop-And-Frisk Is Unconstitutional

A federal judge today ruled that the NYPD's controversial stop-and-frisk policy is unconstitutional in some circumstances. Under the policy, cops target "suspicious" citizens on the street and search them for weapons and drugs. Unshockingly, white New Yorkers are rarely considered "suspicious."

The lawsuit, Ligon v. the City of New York, is one of three related cases involving stop-and-frisk practices before Judge Scheindlin. The broadest reaching case accuses the police of stopping and frisking hundreds of thousands of people a year solely on the basis of race; Judge Scheindlin granted that lawsuit class-action status in May. The third case challenges police stops at public housing projects.

In the decision released on Tuesday, the judge ordered the police “to cease performing trespass stops” outside the private buildings in the program unless officers have reasonable suspicion, a legal standard that requires police officers to be acting on more than just a hunch.

The fact that a person was merely seen entering or leaving a building was not enough to permit the police to stop someone, “even if the building is located in a high-crime area, and regardless of the time of day,” the judge ruled. Nor was it enough for an officer to conduct a stop simply because the officer had observed the person move furtively, Judge Scheindlin said. (The forms that the police fill out after each street stop offer “furtive” movements as a basis for the stop).

Multiple Groups File Friend-Of-Court Briefs In Support Of DOMA Overturn

Via press release from the NYCLU:

More than fifteen parties – including New York City, three states, members of Congress, civil rights and religious organizations ––plan to file briefs today in support of Edith “Edie” Windsor’s constitutional challenge to the Defense of Marriage Act (DOMA).

In June, a federal district judge in New York ruled in Windsor’s favor that section three of DOMA does “not pass constitutional muster.” Today’s briefs were filed in the United States Court of Appeals for the Second Circuit, which will hear arguments in the case on September 27, 2012.

“The number and scope of the parties supporting Edie’s case illustrate the breadth of the harms that DOMA inflicts on married same-sex couples,” said James Esseks, director of the ACLU Lesbian Gay Bisexual and Transgender Project. “It is time for the courts to bring an end to this discriminatory law once and for all.” Some of the groups filing briefs in support of Windsor include:

Local governments including the city of New York; and the states of New York, Connecticut and Vermont; The Partnership for New York City, a group of CEOs from New York City’s leading businesses; 145 members of the U.S. House of Representatives, spearheaded by House Judiciary Members Jerrold Nadler and John Conyers, Jr., along with Barney Frank, Tammy Baldwin, Jared Polis, David N. Cicilline and Democratic Leaders Nancy Pelosi, Steny H. Hoyer and James E. Clyburn; The NAACP Legal Defense and Educational Fund; Bar associations and civil rights, religious, cultural and LGBT organizations; Social workers and national mental health and medical organizations; Labor unions; and professors of U.S. history, family law, and family and child welfare law.

Fantastic!

Broadway Stands Up For Civil Liberties

It looks like a fantastic show. General admission tickets are only $60.

NYCLU Relaunches Fight For Marriage

The NYCLU has begun a campaign to relaunch the fight for marriage equality in New York.

All New Yorkers deserve the freedom to marry. New Yorkers across the state and political spectrum agree, and so does the State Assembly and Governor Paterson. Sadly, at the end of 2009, the New York State Senate voted against marriage fairness. Though the vote was a significant disappointment, the NYCLU knows it is just a matter of time before all New York families are provided the protection that marriage offers. The majority of New Yorkers support fair marriage laws that protect lesbian and gay families, and the day will come when we achieve that goal. But we need your help to make that happen. Please join the campaign to make New York the next victory for fairness. Get involved today! To see more videos and to take action, go to www.marriageny.com.

Citizen Non-Citizen

The NYCLU sends this today:

The NYCLU, in collaboration with the LGBT Community Center and the Office of Congressman Jerrold Nadler, looks at discrimination against LGBT families in our immigration system and the ongoing efforts to reform the system in Congress through the Uniting American Families Act and comprehensive immigration reform. Citizen/Non-Citizen highlights the heart wrenching story of Britta and Carla, a married same-sex binational couple living in New York City fighting to stay together in the United States. To find out more about the NYCLUs work in support of comprehensive immigration reform and to take action, visit our site.

NYCLU Sues School District Over Harassment Of Gay Student

The New York Civil Liberties Union has filed a lawsuit against a local school district, alleging that they failed to protect a gay student from physical and verbal harassment.

The New York Civil Liberties Union has filed a federal lawsuit against the Mohawk Central School District in Herkimer County for failing to protect a gay student who does not conform to masculine stereotypes from vicious and relentless harassment, physical abuse and threats of violence. Over the past two school years, Jacob, a 14-year-old student at Gregory B. Jarvis Junior/Senior High School, endured escalating harassment for his sexual orientation and for not conforming to masculine stereotypes. He suffered near-constant verbal assault, his personal property has been defaced and broken, and he was regularly pushed and had things thrown at him. This past year, a student knocked Jacob down the stairs and sprained his ankle and a student brought a knife to school and threatened to kill him.

According to the NYCLU, the school district was repeatedly made aware of the abuse and did nothing to discipline Jacob's tormentors. In June, Jacob's principal told his parents that he could not guarantee Jacob's safety at the school and that the abuse would likely continue in the coming term. He is not presently attending classes.

At The Queens Marriage Rally

About 2500 activists turned out in Astoria, Queens yesterday to pressure state Sen. George Onorado to change his mind about marriage equality. In this clip, Donna Lieberman from the NYCLU addresses the crowd. A new site MarriageNY has been created for contacting members of the New York Senate.

Just Issued: Guide To Your Rights As A Gay New Yorker Married Out Of State

The Empire State Pride Agenda, the ACLU, the NYCLU, and Lambda Legal have collaborated to create a document called Your Government Respects Your Marriage: Developments in New York State Agency Recognition of Same-Sex Couples’ Out-of-State Marriages. View the complete publication here. (PDF) From the NYCLU press release:

“Couples in New York who have never known true security for their families are finally getting a taste of the family protections other married couples and their children enjoy,” said NYCLU Executive Director Donna Lieberman. “The governor’s determination was based on the NYCLU’s victory in the case Martinez v. County of Monroe, in which an appeals court unanimously ruled that New York State must recognize valid out-of-state marriages of lesbian and gay couples. We commend the governor and our state agencies for following the law and standing up for fairness. But lasting progress requires leadership from both the judicial and legislative branches. It’s time for our political leaders to do what’s right. New Yorkers should not have to leave the state to protect their families.”

“The guide is a crucial primer for same-sex couples who are recognized as spouses in New York,” said Susan Sommer, senior counsel at Lambda Legal, who has litigated many of the cases confirming marriage respect for same-sex couples. “It shows significant areas in which these couples now are protected, ranging from access to health insurance, to accurate birth certificates for children born to same-sex couples, to important workers’ compensation benefits if tragedy strikes. But until New Yorkers in same-sex relationships can marry in their home state, they are still vulnerable to discrimination."

“Policymakers and elected officials in New York should recognize that we’re already living in a state with marriage for same-sex couples. Unfortunately, these couples currently have to go out of state to have their weddings performed,” said Alan Van Capelle, executive director of the Empire State Pride Agenda. “Not only does this mean a loss of literally millions of dollars to New York’s economy, but it is also patently unfair to same-sex couples. New Yorkers shouldn’t have to go elsewhere to get married when they want to stand up in front of friends and family right here and get married in their home state.”

Another Win For Marriage In NY

Basing its decision on an earlier win for gay couples married out of state, a New York appellate court today reaffirmed that the state will recognize those marriages.

A New York State appellate court today ruled that the valid marriages of lesbian and gay couples entered into outside of New York must be recognized in this state. This decision comes in the case Lewis v. Department of Civil Service and follows a landmark victory by the New York Civil Liberties Union in Martinez v. County of Monroe.

“We commend the court on its just and fair decision,” said NYCLU Executive Director Donna Lieberman. “But we know that lasting progress requires leadership from both the judicial and legislative branches. It’s time for New York’s political leaders to support the core American value of fairness. New Yorkers should not have to leave the state to protect their families.”

Today’s decision in Lewis was issued by the Third Department and involves taxpayers who sued the state Department of Civil Service for recognizing same-sex spouses of state employees for purposes of health insurance benefits. The court affirmed that the state was following the law by granting all validly married couples eligibility for health insurance benefits. The NYCLU filed an amicus brief in the case. The Lewis decision relied on the same legal argument that the NYCLU used in Martinez.

Christianist groups like the Alliance Defense Fund have been handed their ass right and left by New York's courts. There's only one little detail left to go.