THE PATH FORWARD Activists with the Texas Abortion - American Civil Liberties Union

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THE PATH FORWARD Activists with the Texas Abortion - American Civil Liberties Union
FOR PASSIONATE GUARDIANS OF CIVIL LIBERTIES

                          Activists with the Texas Abortion
                                            Access Network are shaping
                               the future of reproductive freedom.

                     THE PATH FORWARD

SPRING 2022 | ACLU.ORG
THE PATH FORWARD Activists with the Texas Abortion - American Civil Liberties Union
IN T HI S I S S UE

                                                                                                                                                                                                                                                          02 In Brief
                                                                                                                                                                                                                                                                Executive Director Anthony D. Romero
                                                                                                                                                                                                                                                                spotlights how all civil liberties are local.

                                                                                                                                                                                                                                                          03 Letters to the Editor
                                                                                                                                                                                                                                                                Readers from around the country
                                                                                                                                                                                                                                                                respond to articles in the magazine.

                                                                                                                                                                                                                                                                FRO N T LI N E
                                                                                                                                                                                                                                                          04 Priorities
                                                                                                                                                                                                                                                                The ACLU is blocking racial
                                                                                                                                                                                                                                                                gerrymandering in the South.

                                                                                                                                                                                                                                                          06 Case Study
                                                                                                                                                                                                                                                                An ACLU client shares how she is
                                                                                                                                                                                                                                                                mobilizing Montana voters.

                                                                                                                                                                                                                                                          07 Know Your Rights
                                                                                                                                                                                                                                                                Offering food and drink to voters in line
                                                                                                                                                                           16                                                                                   is a form of free speech.

                                                                                                                                                                                                                                                          08 National Report
                                                                                                                                                                                                                                                                States want to censor discussion of
                                                                                                                                                                                                                                                                race in school. The ACLU is suing.

                                                                                                                                                                          C ON T R IBU T OR S
                                                                                                                                                                                                   10
                                                                                                                                                                                                   Divided Highways
                                                                                                                                                                                                                                                          09 Friend of the Court
                                                                                                                                                                                                                                                                Board President Deborah N. Archer
                                                                                                                                                                                                                                                                answers your urgent questions.

                                                                                                                                                                                                   The U.S. highway system has damaged Black                    VO I C ES
                                                                                                                                                                                                   lives for generations. The ACLU’s work in Syracuse,    30 Queer Youth Summit
                                                                                                                                                                                                   New York, could be a blueprint for repair.                   The ACLU of West Virginia is
                                                                                                                                                                                                   By Jay A. Fernandez                                          empowering young LGBTQ activists.

                                                                                                                                                                                                   16
                                                                                                                                                                          Jessica Chou
                                                                                                                                                                          is a photographer
                                                                                                                                                                                                                                                          32 In Good Company
                                                                                                                                                                          based in California.                                                                  Businesses speak out against Texas’
                                                                                                                                                                          She regularly                                                                         anti-abortion law.
                                                                                                                                                                          contributes to
                                                                                                                                                                          TIME, The New            Defending Abortion                                     33 Free Forum
                                                                                                                                                                          York Times, and                                                                       Artist Edel Rodriguez reflects on
                                                                                                                                                                                                   With abortion rights on the precipice, the

                                                                          P H OTO G R A P H S BY J ESS I CA C H O U (TO P) A N D YA E L M A L K A ( BOT TO M R I G H T)
I receive secure, fixed payments for life from the                                                                                                                        Rolling Stone. Her
                                                                                                                                                                          project Suburban         ACLU of Texas and its coalition of advocates
                                                                                                                                                                                                                                                                America’s failed promise of refuge.

                                                                                                                                                                          Chinatown is             are striking back beyond the courts.                   34 Activist Spotlight
ACLU Foundation while deepening my commitment to reproductive                                                                                                             currently on view.
                                                                                                                                                                                                   By Rachel Wells                                              Marci Iacobucci: creative director by
                                                                                                                                                                                                                                                                day, People Power leader by night.

                                                                                                                                                                                                   24
rights, systemic equality, and fair access to voting.                                                                                                                                                                                                     35 My Stand
                                                                                                                                                                                                                                                                The founder of Mothers Against Police
                                                                                                                                                                                                                                                                Brutality talks UN advocacy.
With rates as high as 8.6%, learn more by visiting www.aclu.org/annuity                                                                                                                            Transgender Justice Now                                36 ACLU Moment
or by returning the enclosed reply envelope.                                                                                                                                                       As anti-transgender legislation escalates, the               The ACLU blocked internet censorship
                                                                                                                                                                                                                                                                in a landmark case 25 years ago.
                                                                                                                                                                          Rachel Wells             ACLU is fighting to advance trans justice
                                                                                                                                                                          is a Nashville-based     through gender-affirming care, sports, and IDs.
                                                                                                                                                                          journalist. She covers
                                                                                                                                                                          reproductive health,     By Tom Vellner                                          34
                                                                                                                                                                          sexual violence, and
                                                                                                                                                                          culture. Her work has    On the cover: Maria Cordero is a policy and advocacy
                                                                                                                                                                          been published in        strategist at the ACLU of Texas. She works with
                                                                                                                                                                          Glamour and Rewire       immigrant communities in the Rio Grande Valley.
                                                                                                                                                                          News, among others.      Photograph by Jessica Chou
Not an offer to issue annuities in Alabama, Hawaii, or Tennessee.
Must be at least 60 years old for immediate payments.
THE PATH FORWARD Activists with the Texas Abortion - American Civil Liberties Union
IN BR IEF                                                                                                                                                                                                                                        L E T T ER S T O T HE EDI T OR

I
   n this issue of ACLU Magazine, we’re      and we filed a friend-of-the-court brief     speech and transgender equality are
   reminded that civil liberties are won     in the Mississippi suit the court heard in   equally widespread and aggressive, and
   at the local level. At press time, we     December. Taken together, there has          we continue to challenge them.                                                             125 Broad Street, 18th Floor
   filed two federal lawsuits objecting      never been a more perilous moment for           As you’ll read in this issue, these are                                                 New York, NY 10004
                                                                                                                                                                                     212-549-2500
   to Alabama’s new state legislative        abortion rights in my 20 years as execu-     not abstract principles we’re debating.                                                    aclu.org/contact-us
and congressional district maps, and         tive director.                               These policies have a consequential
                                                                                                                                                                                     Editorial Director
we filed a second redistricting lawsuit         The stakes are high. These attacks on     impact on daily lives, particularly those                                                  Marie-Adele Moniot
in Ohio, adding to our state-by-state        voting rights and reproductive rights are    of the most marginalized and vulnera-                                                      Managing Director
fight to block racial and partisan gerry-    mission-central concerns for the ACLU.       ble. In “Divided Highways” (p. 10), the                                                    Genie Cortez
                                                                                                                                                                                     Editorial Manager
mandering in the redistricting process.         We are the only national organiza-        ACLU’s New York affiliate is advocating                                                    Tom Vellner
These unconstitutional attacks on equal      tion that has a litigation and lobbying      for racial, environmental, and economic                                                    Editorial Adviser
representation deny Black communities        presence in every state, and it’s become     justice in the removal of the I-81 viaduct                                                 William Eisenman
their political power, particularly in the   increasingly clear that the right to vote    in Syracuse, a high-profile example of                                                     Creative Direction and Design
                                                                                                                                                                                     Pentagram
South, and the ACLU is fighting to ensure    and the right to bodily integrity are        how cities and states can restore com-
                                                                                                                                                                                     Production and Printing
a fair playing field for the all-important   going to be won or lost at the state and     munities of color decimated by the inter-                                                  MSP-C, a division of
November midterm elections.                  local levels. Legislative threats to free    state highway system. “Transgender                                                         MSP Communications
                                                                                                                                                                                                                                                 The Fall 2021        Re: “Buried Truths”                     white Europeans. [We shouldn’t]
   Also at press time, the U.S. Supreme                                                   Justice Now” (p. 24) outlines the coor-                                                    ACLU Magazine (ISSN 2640-3560) is a publication
                                                                                                                                                                                                                                                 issue of ACLU
                                                                                                                                                                                     for members and supporters of the American Civil                                 I’m a 57-year-old Black male born       legislate educators into maintaining
Court appears poised to overturn Roe v.                                                   dinated legislative attacks on the rights                                                  Liberties Union (ACLU). Send changes of address             Magazine             and raised in Minneapolis. In 1973,     this white supremacist viewpoint.
Wade, which would shamefully discard         “The threats to                             of transgender young people, highlight-
                                                                                                                                                                                     and questions about your ACLU membership
                                                                                                                                                                                     to membership@aclu.org; mail them to ACLU,
                                                                                                                                                                                                                                                 includes a
                                                                                                                                                                                                                                                 feature on racial    my single mother was able to               Connie Hohlfeld Molbeck
decades of legal precedent guaranteeing        our freedom are                            ing how the ACLU works to safeguard                                                        125 Broad Street, 18th Floor, New York, NY 10004; or
                                                                                                                                                                                     call 212-549-2500. Send editorial correspondence            covenants.           purchase a home in a primarily             Racine, WI
a constitutional right to abortion. The                                                   access to gender-affirming health care,
                                               real—and so is
                                                                                                                                                                                     specific to the publication to ACLU Magazine, ACLU,
                                                                                                                                                                                     125 Broad Street, 18th Floor, New York, NY 10004,                                white neighborhood. I find it
ACLU was lead counsel in this term’s Ken-                                                 school sports, and accurate IDs. And in                                                    or email to ACLUmagazine@aclu.org. This is not
                                                                                                                                                                                                                                                                      quite miraculous that this occurred     Re: “In Brief”
tucky abortion case and co-counsel in the      the opportunity to                         “Defending Abortion” (p. 16), the Texas
                                                                                                                                                                                     a subscription publication, and we do not accept
                                                                                                                                                                                     unsolicited manuscripts or advertisements. ©2022                                 with the racial covenants that          As you mention in the Fall 2021
                                               effect change.”
                                                                                                                                                                                     American Civil Liberties Union Foundation. All rights
Texas abortion case covered in this issue,                                                Abortion Access Network, a statewide                                                       reserved. Contents may not be reproduced without                                 existed. Having a house of our own      issue, “Voting rights and freedom
                                                                                                                                                                                     the express written consent of the ACLU. Requests
                                                                                          coalition of reproductive rights organi-                                                   for reprints should be directed to permissions@                                  provided me with stability and          of speech are cornerstones of our
                                                                                          zations founded by the ACLU of Texas,
                                                                                                                                                                                     aclu.org. Published by ACLU, 125 Broad Street,
                                                                                                                                                                                     18th Floor, New York, NY 10004. Printed in the USA.
                                                                                                                                                                                                                                                                      even my own small bedroom.              democracy.” However, these basic
                                                                                                                                                                                     The ACLU comprises two separate corporate                                        My mother eventually paid off the       rights presume that voters have
                                                                                          trains and mobilizes activists to take                                                     entities, the American Civil Liberties Union and the
                                                                                                                                                                                     ACLU Foundation. Although both the American Civil                                house in 1991.                          access to reliable information to
                                                                                          on anti-abortion ordinances town by                                                        Liberties Union and the ACLU Foundation are part of
                                                                                                                                                                                     the same overall organization, it is necessary that the                             Thank you for sharing this story     foster enlightened debate. The
                                                                                          town, preserving access to essential                                                       ACLU has two separate organizations in order to do
                                                                                                                                                                                                                                                                      about buried truths. If only more       propagation of misinformation and
                                                                                                                                                                                     a broad range of work in protecting civil liberties. This
                                                                                          health care.                                                                               magazine collectively refers to the two organizations                            Black families were given the chance    baseless conspiracy theories…
                                                                                             The threats to our freedom are real—
                                                                                                                                                                                     under the name “ACLU.”
                                                                                                                                                                                                                                                                      to own their homes, we would have       threaten our democracy.
                                                                                          and so is the opportunity to effect                                                        Exchanging Mailing Lists: The ACLU defrays the
                                                                                                                                                                                     cost of our new-member recruitment by renting or                                 a more equitable society.                  DC Martel
                                                                                          change. In the lead-up to the crucial                                                      exchanging our list with other nonprofit organizations
                                                                                                                                                                                     and publications, but never to partisan political groups                            Paul Dixon                              San Diego, CA
                                                                                          midterm elections, we must be stead-                                                       or to groups whose programs are incompatible
                                                                                                                                                                                     with ACLU policies. All lists are rented or exchanged
                                                                                                                                                                                                                                                                         Minneapolis, MN
                                                                                          fast. What we do this year could make all                                                  according to strict privacy standards. We never give                                                                     Re: “Restoring Asylum”
                                                                                                                                                                                     our list directly to any organization; instead, we send
                                                                                          the difference, and I know the ACLU com-                                                   the list to a letter shop that prepares the mailing for                          Re: Critical Race Theory                When I began reading [about Inari
                                                                                                                                                                                     the organization that is participating in the rental
                                                                                          munity is ready. We can’t do this work                                                     or exchange. That organization never sees our list                               I live in Wisconsin, one of many        Reyes], I expected a story of pain
                                                                                                                                                                                     and never knows what names are on it unless an
                                                                                                                                                                                                                                                                      states where legislators are            and heartbreak. It was wonderful
                                                                                          without your support. Our passion to                                                       individual responds to the organization’s mailing. The
                                                                                                                                                                                     ACLU always honors a member’s request not to make                                considering CRT legislation [banning    to read that the San Diego Rapid
                                                                                          protect civil liberties and our devotion                                                   their name available. If you do not wish to receive
                                                                                                                                                                                     materials from other organizations, write to the ACLU                            inclusive education]. As a teacher,     Response Network met her and her
                                                                                          to the democratic ideal bring us together                                                  Membership Department, and we will omit your name
                                                                                                                                                                                                                                                                      I worked hard in my classroom to        children and immediately tended
                                                                                                                                                                                     from list rental and exchange. Thank you for
                                                                                          in common purpose. The fight is for                                                        your understanding.
                                                                                                                                                                                                                                                                      ensure that authors and stories         to their needs and the betterment
                                                                                          a better tomorrow, one that offers true                                                                                                                                     reflected the backgrounds of all        of their future.
                                                                                          equality and a more perfect union for all.                                                 Connect with us.
                                                                                                                                                                                     Instagram: @aclu_nationwide
                                                                                                                                                                                                                                                                      of my students. Most school                Wanda Shirk
                                                                                                                                                                                     Twitter: @ACLU                                                                   curriculum is written by and about         Genesee, PA
                                                                                                                                                                                     Facebook: facebook.com/aclu
                                                                                                                                       P H OTO G R A P H BY V I N C E N T T U L LO

                                                                                                                                                                                                                                                 We love your feedback! Let us know what you think about this issue: ACLUmagazine@aclu.org

                                                                                                                                                                                                                                                 A note from the chair of the ACLU National Board’s 2022 Nominating Committee: Please be advised
                                                                                                                                                                                                                                                 that ACLU members may submit nominations to the National Board for consideration by the
                                                                                                                                                                                                                                                 Nominating Committee for the 2022 slate. Please send your recommendation to: ACLU Nominating
                                                                                                                                                                                                                                                 Committee, 125 Broad Street, 18th Floor, New York, NY 10004. ACLU members may also make
                                                                                          Anthony D. Romero                                                                                                                                      nominations to the National Board by submitting a petition with the names and signatures of 50 ACLU
                                                                                          Executive Director                                                                                                                                     members to the address above.

2   ACLU Magazine                                                                                                                                                                                                                                                                                                                   Spring 2022    3
THE PATH FORWARD Activists with the Texas Abortion - American Civil Liberties Union
FRONT
LINE
                  P R I OR I T IE S

                  Fighting for Fair
                  Representation
                  The ACLU is blocking racial
                  gerrymandering and minority voter
                  dilution in the South.

                  When the U.S. Census Bureau finally released its
                  detailed population data in August, states began the
                  pivotal once-a-decade process of redrawing district
                  maps for 435 congressional districts and 7,383 state
                  legislative seats. As expected, the results have been
                  alarming. Rife with political gamesmanship and ger-
                  rymandering, especially in the Southern states, the
                  manipulated maps undermine the bedrock princi-
                  ple of equal representation. In the heated run-up to
                  the November midterms, the ACLU is fighting for fair
                  representation to make sure that voters are choosing
                  their politicians and not the other way around.
                    Congressional and state legislative district maps
The ACLU is
working to        determine the allocation of not only political power
ensure voters     but also community resources. The threat to under-
choose their      represented communities of color is especially
politicians and
not the other     acute, as corrupt redistricting can further dilute
way around.       voting power and thwart efforts to block legislation

                  I L LU ST R AT I O N BY DA L B E RT B. V I L A R I N O   Spring 2022   5
THE PATH FORWARD Activists with the Texas Abortion - American Civil Liberties Union
P R I OR I T IE S                                       C A S E ST UDY                                                                                                                                                                             K N OW YOUR R I GH T S

CONTINUED FROM PAGE 5

that sustains inequality. The ACLU is uniquely
focused on litigating to make sure that fairer maps     Every
lead to more equitable representation. “These dis-
trict lines are going to affect policies across the     Native
spectrum—abortion, LGBTQ rights, immigration,
school policy—for a decade,” says Sophia Lin Lakin,     Vote
deputy director of the ACLU’s Voting Rights Project.
“We must ensure that Black and Brown voters have
fairer opportunities to elect candidates that truly
                                                        Counts
represent them at the state level.”                     The ACLU challenges
   This redistricting cycle, the ACLU has been work-    two Montana laws that
ing in more than 30 states, from litigating unfair      disenfranchise voters
maps to advocating for increased transparency
in the legislative process. In September, the ACLU
                                                        on reservations.                                                                                                                                                                           Your Voice,
filed a partisan gerrymandering lawsuit challeng-                                                                                                                                                                                                  Your Vote
ing Ohio’s newly drawn maps, which give extreme         Rural reservations are some of                                                                                                                                                             Voting should be easy and
advantage to one party. In a huge victory, the Ohio     the most isolated voter locations                                                                                                                                                          accessible. But in the past year,
Supreme Court ordered the redrawing of a new, con-      in the country. Last year, the                                                                                                                                                             more than 400 anti-voter bills
stitutional map. In October, the ACLU and its part-     Montana state legislature passed                                                                                                                                                           have been introduced in state
ners filed a federal lawsuit challenging the South      two new laws that make it even                                                                                                                                                             legislatures. In addition to
Carolina legislature’s delay in redrawing its maps,     more difficult for Native voters                                                                                                                                                           violating equal protection, these
which denies the public time to evaluate the new        to cast their vote. H.B. 176 ends                                                                                                                                                          bills often infringe on voters’
maps before the primaries’ March filing deadline.       same-day voter registration, and                                                                                                                                                           freedom of speech.
The ACLU later challenged the state’s new racially      H.B. 530 blocks ballot collection                                                                                                                                                              In March 2021, Georgia
gerrymandered House map. And in November,               on rural reservations. The ACLU,                                                                                                                                                           adopted a sweeping voter
the ACLU was party to a pair of federal lawsuits        the ACLU of Montana, Native                                                                                                                                                                suppression law, S.B. 202, that
objecting to Alabama’s racially gerrymandered           American Rights Fund, and the                                                                                                                                                              restricted drop-box locations
maps as violations of the Fourteenth Amendment          Election Law Clinic at Harvard                                                                                                                                                             and drastically reduced early
and Section 2 of the Voting Rights Act.                 Law School are challenging the                                                                                                                                                             voting times. The ACLU
   The stakes are high, and the timeline crunched,      bills on behalf of Western Native                                                                                                                                                          immediately joined civil rights
since the census data used in redistricting was         Voice (WNV) and Montana Native                                                                                                                                                             groups to challenge the law in
released four months late, and the 2022 primaries       Vote, organizations working                                                                                                                                                                federal court.
and general elections are fast approaching. But as      to increase civic participation in                                                                                                                                                             One of the most egregious
more maps are released, the ACLU is filing lawsuits     Native communities, and four         How do you mobilize Native                             Ronnie Jo Horse    registration opportunities         Native vote and its impact on            aspects of S.B. 202 is that it
challenging maps that deprive communities of color      Tribal Nations.                      voters?                                                is the executive   and polling sites, limiting the    election results.
                                                                                                                                                    director of                                                                                    makes it a crime for people to
of political power in Arkansas, Georgia, and other         ACLU Magazine spoke with          We hire from within the                                Western Native     window of opportunity to vote                                               provide food and water to voters
Southern states guilty of the practice in the past.     Ronnie Jo Horse, executive           communities we’re serving. It                          Voice, which       on reservations. By definition,    What is the most important               standing in line. This so-called line-
   Fighting for equal representation has always         director of WNV and a citizen of     allows us to approach people                           empowers           oppression is prolonged, unjust    thing for people outside of
                                                                                                                                                    voters on rural                                                                                warming ban violates Georgians’
been a fundamental part of the ACLU’s mission,          the Oglala Lakota Nation, about      with a sense of trust: “Oh, I know                     reservations.      treatment. That is what’s          Montana to understand about              First Amendment rights—offering
beginning with the seminal 1964 Supreme Court           her organization’s efforts to        this person—they grew up in my                                            happening in Montana and to its    voting on rural reservations?            food and drink is considered
case Reynolds v. Sims that established the “one         mobilize voters in Montana.          community.” That really helps                                             Native communities.                Montana is one of the                    protected expression—and
person, one vote” principle. Voting access is a civil                                        us mobilize voters. During the                                                                               battlegrounds for this national          disproportionately impacts
rights issue, and the preservation of civil liber-      How did you get involved with        pandemic, we’ve been connecting                                           How do you think these laws        distrust in our democratic               communities of color, who face
ties depends on fair representation. S.B. 8, the        WNV? What is your mission?           virtually. We [hosted] a podcast                                          will impact Native participation   system of elections. Voter               longer wait times at the polls.
extreme abortion ban in Texas, is a clear exam-         I first heard about Western Native   on SoundCloud. We have an online                                          in the midterm elections?          suppression and recent ballot                Like voting, freedom of
ple of what happens when officials elected via          Voice when I was in college. Our     registration portal.                                                      Functionally, they discourage      initiatives [are] a direct threat        speech is the foundation of
a gamed system don’t reflect their communities’         mission is to foster positive                                                                                  the Native vote. It’s something    to democracy. Montana can                a healthy democracy. Without it,
values. “Everybody is fighting as hard as they can      social change in our communities.    What makes Montana’s most                                                 that we hope not to carry into     be a testing ground for efforts          other fundamental rights are
to ensure that voting rights are protected and fairer   We do this through leadership        recent voter suppression laws so                                          the midterms. But again, that      to turn the tide.                        at risk.
maps are in place,” says Lakin. “It’s extremely         development, education,              oppressive?                                                               was not designed by mistake.
important, especially at the state level, for all the   civic engagement, and public         [Legislators] know that Native                                            The lawmakers who created the      Protect your fundamental right to vote   To learn more about your rights, visit
policies we care deeply about.” —JAY A. FERNANDEZ       policy advocacy.                     Americans are far from voter                                              laws are not blind to the strong   at aclu.org/vraa.                        aclu.org/kyr.

6    ACLU Magazine                                                                                      P H OTO G R A P H BY LO U I S E J O H N S                                                                                                  I L LU ST R AT I O N BY B E N H I C K E Y
THE PATH FORWARD Activists with the Texas Abortion - American Civil Liberties Union
N AT ION A L R EP OR T                                                                                                                                  F R IEND OF T HE C OUR T

Censorship in                                                                             New Hampshire
                                                                                          H.B. 544 prevents the teaching of                             A Free Exchange
the Classroom                                                                             racism, sexism, and other forms of dis-
                                                                                          crimination in public schools and state-                      of Ideas
                                                                                          funded programs. Its passage would
The ACLU is protecting free speech                                                                                                                      National Board President Deborah N. Archer
                                                                                          rob students of an equitable educa-
by battling state laws that ban                                                           tion that includes open and honest                            answers readers’ questions about abortion
the teaching of critical race theory.                                                     dialogue about the country’s legacy                           access in Texas, free speech in the classroom,
                                                                                          of oppression.                                                and how you can make your voice heard.

                                                                                                                                                        q:
Last year, at least 27 state legislatures    the ACLU’s Speech, Privacy, and Tech-        Alabama
passed or proposed bills censoring the       nology Project. “Many states are also        A resolution banning discussions of                                              How can a person sue someone
discussion of race and gender in public      trying to limit the free exchange of ideas   historical oppression in grades K–12                                             for getting an abortion in Texas?
school and university classrooms.            in our institutions of higher learning.”     passed the State Board of Education in                                           The decision does not impact the
Many of these bans target critical race         Here are some of the states where the     August. In its next session, the legisla-                                        person filing the lawsuit. Doesn’t
theory (CRT), which legislatures use to      ACLU is fighting to protect the integrity    ture will take up H.B. 11, which would                                           one have to have standing to sue?
describe anything from diversity train-      of education:                                make teaching CRT a fireable offense.                                            Last year, the state of Texas
ings to literature by authors of color. In                                                                                                                                 enacted one of the most
reality, CRT is an academic discipline       Oklahoma                                     Idaho                                                                            restrictive abortion bans in the
that addresses systemic inequalities         Enacted last May, H.B. 1775 forbids          Signed into law last April, H.B. 377                                             country, Senate Bill 8 (S.B. 8). The
built into U.S. policies and institutions.   public schools from teaching courses         prevents funding for institutions that                                           law is blatantly unconstitutional.
  As unconstitutional violations of free     that include certain concepts of race        teach material, such as CRT, judged to                                           But what makes it uniquely
speech, the state restrictions infringe on   and gender. Books such as Their Eyes         “exacerbate and inflame divisions.”                                              egregious is it gives standing
students’ fundamental right to receive       Were Watching God and A Raisin in the        The statute’s vague language censors                                             to any person anywhere to sue
information and an inclusive education       Sun have been struck from reading lists,     classroom discussion about implicit                                              a person who performed or
as well as teachers’ right to academic       and teachers have been told to drop the      bias, racism, and sexism. The ACLU is                                            helped someone get an abortion.
freedom. “These deeply misguided laws        words “diversity” and “white privilege”      considering litigation to challenge the                                          That means that anyone—even
are trying to perpetuate white suprem-       from classroom discussion. The ACLU          law in court. —J.A.F.                                                            someone unconnected to the
acy into the next generation,” says Emer-    and partners filed suit in October chal-                                                                                      person having the abortion—can
son J. Sykes, senior staff attorney with     lenging the law.                             Visit aclu.org/freespeech to learn more.                                         sue abortion providers and those
                                                                                                                                                                           who assist them. S.B. 8 does not
                                                                                                                                                                           allow lawsuits against people
                                                                                                                                                                           who receive abortions. The ACLU                         responded swiftly with litigation    people urge legislators to defend
                                                                                                                                                                           and its partners sued to block the                      (see National Report, p. 8).         civil liberties?
                                                                                                                                                                           ban, but the Supreme Court ruled                        Blocking government censorship       From your local city officials to
                                                                                                                                                                           that the most significant part                          is part of the ACLU’s DNA,           your representatives in D.C.,
                                                                                                                                                                           of our case must be dismissed,                          dating back to the proliferation     legislators are eager to hear
                                                                                                                                                                           leaving us only a narrow path to                        of anti-evolution laws in the        from you. Look them up at
                                                                                                                                                                           continue our legal challenge.                           1920s, when we defended a high       commoncause.org. One of the
                                                                                                                                                                                                                                   school science teacher in the        most effective ways to use your
                                                                                                                                                                           I really enjoyed the article in the                     seminal Scopes Monkey Trial.         voice is to go beyond the phone or
                                                                                                                                                                           Fall issue about student speech.                        Legal challenges are just one        email and schedule in-person
                                                                                                                                                                           Keep up the pressure, please.                           part of the story; public advocacy   or virtual meetings. Ask questions
                                                                                                                                                                           Is the ACLU challenging the state                       and education about these laws       about how they’re prioritizing
                                                                                                                                                                           of Florida’s efforts to control                         are essential to preserving          voting rights, reproductive
                                                                                                                                                                           free speech and ban schools                             a free exchange of ideas in the      freedom, LGBTQ equality, and
                                                                                                                                                                           from teaching about racism?                             classroom and beyond.                other civil rights and liberties we
                                                                                                                                                                           Last year, more than two dozen                                                               defend. Remember: Your elected
                                                                                                                                                                           states passed or proposed                               Beneath many of the articles         officials work for you!
                                                                                                                                                                           legislation censoring discussion                        inside ACLU Magazine, readers
                                                                                                                                                                           of race or gender in the classroom,                     are encouraged to contact their      Please send your questions to
                                                                                                                                                                           including Florida. The ACLU has                         legislators. How can everyday        ACLUmagazine@aclu.org.

8   ACLU Magazine                                                                                           I L LU ST R AT I O N BY PA B LO D E LCÁ N                      P H OTO G R A P H BY ST E P H A N I E M E I - L I N G                                                            Spring 2022   9
THE PATH FORWARD Activists with the Texas Abortion - American Civil Liberties Union
The United States Interstate
                                                       Highway System is structural racism
                                                       in action: an intentional government
                                                       program that has damaged Black
                                                       lives for generations. Now the
                                                       highways are crumbling. It’s time to
                                                       correct the harm and reconnect
                                                       shattered communities.
                                                       BY JAY A. FERNANDEZ

                       Divided
                   HIGHWAYs    D
                                                                             avid Rufus was just a toddler when the
                                                                             bulldozers rolled into the streets of his
                                                                             Syracuse, New York, neighborhood in
                                                                             1960. As part of the country’s interstate
                                                                             highways surge, city officials wanted to
                                                                             extend I-81 with an elevated viaduct that
                                                                             would cut right through the 15th Ward,
                                                       where nearly 90 percent of Syracuse’s Black population lived.
                                                       Protesting locals were ignored, and the razing of homes,
                                                       churches, and businesses resulted in the displacement
                                                       of more than 1,300 families, including Rufus’. Over the next
                                                       50 years, the 15th Ward community suffered in every way
                                                       possible—jobs, housing, schools, and public health plunged
                                                       while crime, pollution, and poverty spiked.
                                                         “I’ve lived in this community all my 64 years,” says Rufus,
                                                       who’s lost several family members to respiratory illness.
                                                       “I’ve seen the move from a very vibrant and interactive
                                                       community of people of color to a community that has been
                                                       shunned and overlooked and broken down.” The I-81 proj-
                                                       ect was completed in 1968—and Syracuse remains one of
                                                       the most segregated cities in the country, with the highest
                                                       concentration of poverty among communities of color and
                                                       one of the highest rates of lead poisoning in children. The

10 ACLU Magazine          ILLUSTRATIONS BY JOAN WONG                                                  Spring 2022 11
THE PATH FORWARD Activists with the Texas Abortion - American Civil Liberties Union
viaduct still physically separates the poorest and wealthi-            A lot is riding on the effort, as wrongheaded plans would                                                                                                                                                                  city in the country, that damaged every aspect of Black
est communities, and the city’s Black population has been           simply reinforce the historical damage or encourage gen-                                                                                                                                                                      lives—cultural, economic, environmental, educational—

                                                                                                                                            P H OTO G R A P H S BY M A R J O RY W I L K I N S U S E D W I T H P E R M I SS I O N O F T H E W I L K I N S ESTAT E V I A A RT R AG E G A L L E RY
                                                                                                                                            P H OTO G R A P H BY S H E L D O N SA B L E ST U D I O/CO U RT ESY O F T H E O N O N DAG A H I STO R I CA L ASSO C I AT I O N ( L E F T) ;
harmed for generations.                                             trification that displaces the neighborhood’s residents yet                                                                                                                                                                   for generations.

                                                                                                                                                                                                                                                                                                   T
   This was by design.                                              again. No one understands the stakes better than Rufus, now
   The interstate highway system birthed by the Federal-Aid         the NYCLU’s dedicated I-81 community organizer. “If I-81 is                                                                                                                                                                                          he “Monster.” That’s what some resi-
Highway Act of 1956 was the largest public works program            a successful project, and it provides the kind of rebuilding of                                                                                                                                                                                      dents of Tremé and the 7th Ward of New
the country had ever embarked upon. More than 40,000 miles          wealth and community that is so necessary, it could become                                                                                                                                                                                           Orleans call the Claiborne Expressway, the
of highway were planned and built steadily through the ’60s         a blueprint for the state and for the country,” he says. “Jus-                                                                                                                                                                                       I-10 overpass that demolished the neigh-
and ’70s as a driver of economic progress. As the civil rights      tice elements like the ACLU and NYCLU have to make sure                                                                                                                                                                                              borhood in 1968. West Baltimore residents
movement was gaining momentum, the highway system                   that the tools the federal government gives [us] aren’t used                                                                                                                                                                                         named theirs—State Route 40—the “Road
became a way to enforce segregation through other, quite            as assault weapons against the neighborhood.”                                                                                                                                                                                                        to Nowhere.” Interstate-20 in Atlanta.       The housing market cratered. Pollution—noise and envi-
literal, means. So-called slum clearance destroyed under-              When most of us think of racial injustice, interstate high-                                                                                                                                                                I-579 in Pittsburgh’s Hill District. I-95 that wrecked Miami’s      ronmental—spread: rates of illness, particularly asthma,
resourced but thriving working-class Black neighborhoods            way design isn’t the first thing that comes to mind. It is,                                                                                                                                                                   Overtown neighborhood, known then as the “Harlem of the             rose dramatically in those neighborhoods crammed against
while enhancing the flow of white commutes and tax dollars          in fact, a perfect example of structural racism in action:                                                                                                                                                                    South.” I-65 and I-85 in Montgomery,                                                       (and sometimes under) the freeways
to the suburbs. Communities of color were cut off from devel-       intentional government policy, enacted in almost every                                                                                                                                                                        Alabama, rerouted through Centennial                                                       and overpasses.
oping downtown centers, and not just freeways but also refin-                                                                                                                                                                                                                                     Hill, Bel Air, and the Bottoms as retalia-                                                    Articles from the time abound with
eries, landfills, and power plants were dumped in non-white                                                                                                                                                                                                                                       tion for civil rights activity (Revs. Martin                                               efforts to stop the projects. But it was
areas labeled “sacrifice communities.”                                                                                                                                                                                                                                                            Luther King Jr. and Ralph Abernathy                                                        the same story every time: The com-
   Now many of these highways are crumbling, and cities are                                                                                                                                                                                                                                       lived there). The examples are endless.                                                    munity was not asked for input and
weighing how to repair, revamp, or remove them. For racial                                                                                                                                                                                                                                           The ripple effects of these high-                                                       held no political power. This was
justice advocates, these looming infrastructure projects are                                                                                                                                                                                                                                      way projects were immediate and far-                                                       adding insult to injury since many of
a crucial opportunity to redress the historical discrimina-                                                                                                                                                                                                                                       reaching, the cumulative devastation                                                       these majority-Black neighborhoods
tion built into them. The I-81 in Syracuse, which is failing, has                                                                                                                                                                                                                                 staggering. No aspect of neighbor-                                                         had sprung up in the first place because
become the highest-profile example of the potential to undo                                                                                                                                                                                                                                       hood life and culture went untouched.                                                      of redlining and Jim Crow segrega-
this damage and create a new model for reconnecting shat-                                                              Historic 15th Ward                                                                                                                                                         Healthy food became scarce. Businesses                                                     tion. While they often became vibrant,
tered communities with equitable resources. The ACLU’s New                                                                                                                                                                                                                                        failed. Job opportunities diminished.                                                      self-contained enclaves, the fact that
York affiliate, the New York Civil Liberties Union (NYCLU),                                                                                                                                                                                                                                                                                                                                  they were under-invested and over-
has been advocating for a decade to ensure that this time the       After the mid-century                                                                                                                                                                                                                                                                                                    crowded was subsequently used as
                                                                    extension of I-81 in
community has a voice in what happens. The NYCLU’s 2020             Syracuse, more than                                                                                                                                                                                                                                                                               rationale for destroying them. One of the most devastating
report, “Building a Better Future: The Structural Racism            1,300 families in                  I-81                                                                                                                                                                                                                                                           effects has been how these inequities have reinforced the
Built into I-81, and How to Tear It Down,” has been instru-         the 15th Ward were                                                                                                                                                                                                                                                                                racial wealth gap.
                                                                    displaced, and a vibrant
mental in pushing the city’s plans in a more just direction         Black community was                                                                                                                                                                                                                                                                                  “These big concrete barriers further concentrated race
that takes a reparative approach.                                   destroyed.                                                                                                                                                                                                                                                                                        and poverty, coupled with redlining, where folks were
                                                                                                                                                                                                                                                                                                                                                                      unfairly denied mortgages or more affordable lines of credit
                                                                                                                                                                                                                                                                                                                                                                      to invest in their communities,” says Carlos Moreno, a senior
                                                                                                                                                                                                                                                                                                                                                                      campaign strategist who leads the ACLU’s Systemic Equal-
                                                                                                                                                                                                                                                                                                                                                                      ity agenda to address America’s legacy of racism through
                                                                                                                                                                                                                                                                                                                                                                      advocacy and litigation. “The first avenue for wealth is
                                                                                                                                                                                                                                                                                                                                                                      buying a first home and having it appreciate. Homes in red-
                                                                                                                                                                                                                                                                                                                                                                      lined communities typically do not appreciate.”
                                                                                                                                                                                                                                                                                                                                                                         And it’s still happening. In Charleston County, South Car-
                                                                                                                                                                                                                                                                                                                                                                      olina, local groups, including the ACLU of South Carolina,
                                                                                                                                                                                                                                                                                                                                                                      had to pressure the county to revise its plan for widening
                                                                                                                                                                                                                                                                                                                                                                      Highway 41 so that it will do a better job of minimizing the
                                                                                                                                                                                                                                                                                                                                                                      impact on Mount Pleasant’s historic Phillips Community,
                                                                                                                                                                                                                                                                                                                                                                      one of the last remaining Black settlement communities in
                                                                                                                                                                                                                                                                                                                                                                      the region.
                                                                                                                                                                                                                                                                                                                                    Harrison Street was
                                                                                                                                                                                                                                                                                                                                    a vibrant commercial                 “These types of projects upset the ecosystem,” says Helen
                                                                                                                                                                                                                                                                                                                                    district in the 15th Ward.        Mrema, community organizing advocate at the ACLU of South
                                                                                                                                                                                                                                                                                                                                    Pictured (left to right):         Carolina, one of 12 ACLU affiliates that make up the Southern
                                                                                                                                                                                                                                                                                                                                    Schor’s Market; Doris
                                                                                                                                                                                                                                                                                                                                    Dunham, Gloria Rohadfox,          Collective, an initiative to build Black political power and rep-
                                                                                                                                                                                                                                                                                                                                    and Evelyn Branch in              resentation in the South. “They force residents to move and
                                                                                                                                                                                                                                                                                                                                    front of Irving Friedman’s        figure out how to tap back into resources that are now even
                                                                                                                                                                                                                                                                                                                                    barbershop; and Sam
                                                                                                                                                                                                                                                                                                                                    Adams and friends at an ice       more difficult to access. It creates a targeted community that
                                                                                                                                                                                                                                                                                                                                    cream parlor.                     is essentially set up to fail.”

                                                                                                                                                                                                                                                                                                                                                                                                                       Spring 2022 13
THE PATH FORWARD Activists with the Texas Abortion - American Civil Liberties Union
T
                                                                                                                                 approach that works to close the wealth gap and reconnect                               he generational setbacks of these high-

 T
                                                                                                                                 fragmented parts of the community.                                                      way decisions still resonate today, com-
                      he Central New York chapter of the                                                                            Additionally, along with coalition partners CNY Solidarity                           pounding over time to exacerbate the
                      NYCLU was born in the spring of 1963 as                                                                    Coalition and Urban Jobs Task Force, the NYCLU has pres-                                racial wealth gap and withhold the Amer-
                      a direct result of the police harassment                                                                   sured NYSDOT and local trade unions to commit to racial                                 ican dream from too many communities
                      and arrest of 15th Ward residents pro-                                                                     equity in hiring so that local community workers bene-                                  of color. Closing this gap is a major goal of
                      testing the destruction of their neigh-                                                                    fit from the thousands of construction jobs created by the                              the ACLU’s Systemic Equality campaign,
                      borhood for the I-81 viaduct. And now the                                                                  I-81 project. Meanwhile, Rufus helps residents understand         since comprehensive reparations are the only way to repair
                      community has another chance to influ-                                                                     their rights and contribute their voices to the process, liais-   the historic inequality driven by racist policies, a lack of job
ence the highway’s reconstruction and reimagining.                                                                               ing with the DOT, the board of education, the mayor’s office,     opportunities, and depressed home ownership.
   “What we do is try to empower and reactivate the commu-                                         Byhalia oil pipeline          and the Syracuse Common Council. “Three years ago,” says             “Redressing harm could take the form of providing proper
nity,” says Lanessa Owens-Chaplin, assistant director of the                                       through southwest             Owens-Chaplin, “DOT wasn’t talking about equity or restor-        housing, investing in communities through grants for busi-
NYCLU’s Education Policy Center. “Because they lost that                                           Memphis in July. And in       ative justice or how can we repair the community. Today, they     nesses, or passing baby bonds legislation to give folks assets,”
fight. So how can we convince them that maybe we can win                                           November, New Yorkers         are talking about it. So there is progress.”                      says Moreno. “Because when we’re talking about closing the
this one? In the ’50s and ’60s, we didn’t have many protec-                                        passed Proposition 2,            The draft environmental impact statement NYSDOT                racial wealth gap, we’re not necessarily talking about income.
tions. Now it’s a different fight.”                                                                which establishes that        released in July included key changes to the preferred            The main focus with systemic equality is to find an innovative
   In recent years, more people and high-level institutions have                                   each person “shall have       community-grid version of the I-81 revamp. Air-quality mon-       set of tools or programs that provide immediate material relief
acknowledged the structural racism built into the country’s                                        a right to clean air and      itoring systems will now be placed around houses nearest          for Black communities living in poverty.”
highway system. ACLU National Board President Deborah                                              water, and a healthful        the construction. And, of key importance, a land use working         The potential for transformation is national in scope: Right
N. Archer is one of the leading national scholars on the issue.                                    environment.”                 group will be created so that local leaders and residents have    now, nearly 30 cities have plans in the works to repair crum-
Her seminal Vanderbilt Law Review piece, “White Men’s Roads                                           True justice requires      a prominent voice in making sure the 10 to 12 acres freed up by   bling urban highways. They could prioritize reparative justice
Through Black Men’s Homes: Advancing Racial Equity Through            Advocating for               the fair, meaningful          the viaduct’s removal are used in a way                                                   by taking cues from the NYCLU’s I-81 pro-
Highway Reconstruction,” established transportation policy            Environmental                involvement of everyone.      that benefits the existing community,                                                     posal: protect future land use so that res-
as a civil rights issue, and her work has laid the constitutional                                  Repairing these inequities    whether through local business devel-                                                     idents of the affected community have
and policy framework for remedying these injustices. Archer
                                                                      Justice                      and ensuring that             opment, affordable housing, or usable                                                     preference in any development; create
has advised Transportation Secretary Pete Buttigieg, who in                                        communities of color have     green spaces.                                                                             a community restoration fund to elimi-
April 2021, acknowledged publicly that the “racism physically                                      healthy environments             “The biggest point of the effort is                                                    nate environmental hazards and com-
built into some of our highways” was a “conscious choice.” And                                     in which to live, learn,      holding the government accountable,”                                                      pensate those whose health and wealth
while grassroots organizers and environmental justice groups          Many of the neighborhoods    and work are key              says Owens-Chaplin. “That’s what the                                                      have been negatively impacted; devote
have long been calling attention to the devastating damage            most impacted by urban       to the ACLU’s Systemic        big fight is here in Syracuse. It’s easy for                                              revenue generated from community
highway planning inflicted on communities of color, the Biden         highway design fall under    Equality campaign.            them now, 60 years later, to recognize                                                    development to increase school funding
administration’s inclusion of the issue in the $1.2 trillion infra-   the EPA designation                                        the damage they’ve done, but they’re                                                      in an equitable manner that redresses
structure plan signed in November has opened the door for             “environmental justice       Visit aclu.org/equalitynow.   still not doing what they need to do to                                                   long-standing underfunding; and pro-
more organizations to take on this type of work. Calling out I-81     community.” Rates of                                       restore the community.”                                                                   vide hotel vouchers, market-rate buy-
and the Claiborne Expressway in particular, the plan earmarks         asthma, cancer, and stress                                                                                                                           outs, rent subsidies, and/or temporary
$1 billion for a new program called Reconnecting Communities          are much higher, while                                                                                                                               relocation assistance to those households
that “will reconnect neighborhoods cut off by historic invest-        low-income housing                                                                                                           most likely to be impacted by construction, along with auto-
ments and ensure new projects increase opportunity [and]              is more prone to mold                                                                                                        matic right of return when the construction ends.
advance racial equity and environmental justice.”                     and more likely to be                                                                                                           The NYCLU’s campaign on the I-81 viaduct is crucial to
   “The infrastructure plan gives it more bite,” says                 located in flood zones.                                                                                                      establishing a template for how these projects can actively
Owens-Chaplin. “State governments are not only being held             Redlined city communities                                                                                                    address systemic injustice and knit these communities back
accountable by their community, now we have the adminis-              are almost five degrees                                                                                                      together. The bottom line is to ensure that “people who have
tration calling for this kind of restorative justice. New York        warmer on average.                                                                                                           lived their lives in the neighborhood are able to stay, engage
state can be a great example if we can get them to think out-            With its related issues                                                                                                   equitably in the rejuvenation of the community, and begin
side the scope of just laying slabs of concrete down and really       of racial and Indigenous                                                                                                     to build wealth.”
start thinking about restoring the community.”                        justice, environmental                                                                                                          “It’s important for the ACLU to be taking on these issues
   The NYCLU, which had dedicated additional resources                justice is an area of                                                                                                        because it really is an issue of civil rights and racial justice,”
and staff to the I-81 project in 2018, incorporated volumi-           advocacy to which the                                                                                                        says Owens-Chaplin. “We need to make sure that everyone
nous feedback from the community to outline a vision for              ACLU is devoting more                                                                                                        has power over government decision-making, and everyone’s
the revitalization project that this time honors the people’s         resources. The ACLU and                                                                                                      rights are preserved and protected.”
needs. It urged the New York State Department of Transpor-            its Tennessee affiliate                                                                                                         “This is an opportunity for the country to get it right this
tation (NYSDOT) to transfer any developable land to a trust           threw their weight behind                                                                                                    time,” says Rufus. “When they designed I-81, they just drew
controlled by the residents, maintain meaningful economic             the successful campaign                                                                                                      it with a black pen. They didn’t stop to take the time to see
and environmental safeguards for those living along the               to block the proposed                                                                                                        if that black line ran over a person’s house or a person’s
viaduct during and after construction, and take a reparative                                                                                                                                       head—or a person’s heart.”

14 ACLU Magazine                                                                                                                                                                                                                                     Spring 2022 15
THE PATH FORWARD Activists with the Texas Abortion - American Civil Liberties Union
TAAN members
                                                 gather in Houston
                                                 (left to right): Ana
                                                 Rodriguez of Texas
                                                 Equal Access Fund
                                                 and Lilith Fund,
                                                 Nneka Iheanacho of
                                                 Avow Texas, Blair
                                                 Wallace of the
                                                 ACLU of Texas, and
                                                 Sahra Harvin of
                                                 Fund Texas Choice.

DEFENDING ABORTION
                                                 With abortion restrictions
                                                 on the rise, forcing people
                                                 to carry pregnancies
                                                 against their will, the
                                                 Texas Abortion Access
                                                 Network is forging a new
                                                 path: mobilizing a broad
                                                 coalition of activists to
                                                 stop anti-abortion efforts
                                                 where they start—at the
                                                 local level.
                                                 BY RACHEL WELLS

16 ACLU Magazine   PHOTOGRAPHS BY JESSICA CHOU                          Spring 2022 17
In just six months, 2021 became the worst                                                     Lubbock resident Kim
                                                                                              Gonzalez protests anti-
                                                                                              abortion ordinances in
year for abortion rights in the near half-                                                    her community.

century since Roe v. Wade was decided in                                                         The ACLU, along with the Center for
1973. In the midst of a global pandemic, state                                                Reproductive Rights, Planned Parent-
                                                                                              hood, the Lawyering Project, and pro
legislatures across the U.S. passed 106 abor-                                                 bono law firm Morrison & Foerster, is
                                                                                              challenging S.B. 8 in court. However,
tion restrictions in 19 states, building off                                                  in December, the Supreme Court ruled
                                                                                              that the most significant part of the case
a decades-long strategy by anti-abortion                                                      must be dismissed. A devastating blow,
                                                                                              this ruling leaves S.B. 8 in effect while
extremists to chip away at abortion access                                                    the case returns to the district court.
                                                                                                 And yet, even if the court had blocked
even as the legal right to it remained in place.                                              the ban, abortion would have remained
                                                                                              out of reach for many people in Texas.
Since 2019, emboldened by the reconfigura-                                                    By the time S.B. 8 went into effect,
                                                                                              only a handful of Texas’ abortion clin-
tion of the Supreme Court, legislators have                                                   ics still existed. The Planned Parent-
                                                                                              hood in Lubbock, a midsize city in West
passed stricter abortion bans that brazenly                                                   Texas, was one of many clinics in the
                                                                                              region that closed after the passing
violate the constitutional right to abortion.                                                 of House Bill 2, a 2013 state law that
                                                                                              placed onerous and medically unnec-
Now, for the first time in three decades, the                                                 essary restrictions on abortion clinics.
                                                                                              Without Planned Parenthood, people
court is considering whether to overturn                                                      seeking abortions in Lubbock had to
                                                                                              travel 300 miles—one way. When the
Roe in a case challenging a 15-week abortion                                                  Supreme Court overturned the restric-
                                                                                              tions three years later, it was too late:
ban in Mississippi. A decision from the court                                                 many of the clinics were gone.

is expected early this summer.                                                                In 2021, Lubbock became the 26th
                                                                                              municipality in the country to pass an
                                                                                              anti-abortion ordinance in a growing
   But first: Texas. When Senate Bill 8          “What Texas has done is a cynical            movement by anti-abortion opponents
took effect in September, its novel            attempt to push abortion out of reach by       to make abortion illegal at the local level.
enforcement strategy dramatically              banning it in this way that allows only pri-   S.B. 8’s radical enforcement framework
altered the legal playbook for repro-          vate individuals to sue, which makes it        found its legal origin in local ordinances
ductive rights. The extreme Texas law          more complicated to get the law blocked,”      like Lubbock’s.
bans abortion at six weeks, before many        says Brigitte Amiri, deputy director of the       When whispers of an anti-abortion
people even know they are pregnant.            ACLU’s Reproductive Freedom Project.           ordinance first started spreading
S.B. 8 encourages private citizens any-        The ban has had an immediate and dev-          through town, Kim Gonzalez, a Lub-
where in the country to act as bounty          astating impact on the ground. As with         bock resident who’s worked in health
hunters by awarding them $10,000 if            most abortion restrictions, the impact of      care for 20 years, didn’t waste any
they successfully sue another person           forced pregnancy legislation has dispro-       time. After traveling outside of the
for providing an abortion or helping           portionately affected low-income people        state for an abortion when her local
someone receive one in Texas. This ban         and people of color, particularly Black        clinic was shut down in 2013, Gonza-
is intentionally designed to overwhelm         women, who are three times more likely         lez vowed to fight the efforts to restrict
clinics, legally and financially, ultimately   to die during or shortly after childbirth      abortion access again. Using knowl-
forcing them to shut down.                     than white women.                              edge gained from the Texas Abortion

18 ACLU Magazine                                                                                                                             Spring 2022 19
Access Network (TAAN), she and other           Dickson, had been showing up in small    before turning south toward the Rio        municipalities to pass these unconstitu-       communities in the Rio Grande Valley
advocates worked with Planned Par-
enthood and the ACLU of Texas to
                                               towns across Texas, testing out legal
                                               approaches to local ordinances and
                                                                                        Grande Valley.
                                                                                           The Lubbock City Council listened to
                                                                                                                                   tional and malicious ordinances,” says
                                                                                                                                   Andre Segura, legal director of the ACLU
                                                                                                                                                                                  since 2014. The group Cordero has built
                                                                                                                                                                                  is so high-functioning it’s a large part of
                                                                                                                                                                                                                                 ACLU
gather powerful testimony from abor-           crafting an anti-abortion web starting   its community and unanimously voted        of Texas. “These ordinances stigmatize         what inspired Wallace to create TAAN.          at the
tion providers, organize protests, and
coordinate messaging.
                                               in the east with Waskom, moving north
                                               to Gilmer and Westbrook, then west
                                                                                        down the ordinance, but those behind it
                                                                                        pushed for a citywide vote based on Lub-
                                                                                                                                   abortion care, hurt those who provide it,
                                                                                                                                   and shame the people who need it.”
                                                                                                                                                                                  “I always say Maria is my organizing
                                                                                                                                                                                  hero. Maria’s strategy is a model of rela-
                                                                                                                                                                                                                                 Supreme
   Led by Blair Wallace, a policy and          toward Colorado City and Lubbock,        bock city charter rules. Ultimately, the      “Often people don’t pay attention to        tional organizing and it’s how she has         Court
advocacy strategist at the ACLU of                                                      ordinance passed and the Planned Par-      their localized politics because it seems      been so successful,” says Wallace. “She’s
Texas, TAAN is a coalition of repro-           Heidi Gerbracht’s                        enthood of Lubbock had to stop provid-     too minute. Lubbock is a perfect example       been doing this for so long, and the com-
ductive rights advocates that monitor          organization, Equity                     ing abortions—again. The ACLU of Texas     of how one thing can affect [everyone],”       munities deeply trust her and know that
their city governments. Wallace cre-           Agenda, pushes                           is suing the city.                         says Wallace. “Going back to Waskom,           if there’s ever anything they need they
                                               city governments
ated the program in 2020 to strengthen         on issues such as                           “Anti-abortion advocates have been      where this legislation began, a town of        can come to her.”
local advocacy after witnessing a grow-        reproductive rights.                     crisscrossing the state, pressuring        less than 2,000 people enacted an ordi-           At intimate kitchen meetings,
ing trend of anti-abortion ordinances                                                                                              nance [in 2019] that trickled down to the      Cordero held trainings on a myriad of          In October, the ACLU argued
known as “sanctuary cities for the                                                                                                 entire state. We need to zoom out from         civil rights issues including immigra-         Cameron v. EMW Women’s
unborn.” Unlike state-level bills that                                                                                             politics at large and really focus on what’s   tion and abortion rights; her neighbors        Surgical Center before the
make abortion illegal at a specific week                                                                                           happening in our own communities.”             carry that work forward. “I was helping,       Supreme Court, which will
of pregnancy, sanctuary city ordinances                                                                                               Heidi Gerbracht is a city strategist and    but it was work from the community             decide whether Kentucky
make abortion entirely illegal in a single                                                                                         founder of Equity Agenda, an organiza-         members replicating the work I did at          Attorney General Daniel
city or town. “We have designed a pretty                                                                                           tion that works with city governments          the starting point. That’s power,” says        Cameron can intervene in
incredible curriculum around abortion                                                                                              to create more equitable communities.          Cordero. “That’s how the ACLU shows            a case two lower courts have
advocacy. We’re teaching folks to be                                                                                               Gerbracht has always believed that             what democracy looks like. The com-            deemed unconstitutional. The
their own leaders. We can’t be every-                                                                                              local work is the answer and points to         munity members are speaking by them-           case involves a Kentucky law
where. Even as an abortion coalition in                                                                                            the power of enrolling city issue experts      selves about their needs and working to        that effectively bans abortion
Texas, we can’t be in every city,” says                                                                                            into local advocacy for reproductive           make the change happen.” The power             at 15 weeks and prevents
Wallace. “We’re giving people the tools                                                                                            rights. “There’s an opportunity to orga-       of that reciprocity is what TAAN hopes         physicians from providing
and educational resources they need to                                                                                             nize people in the development and             to harness. “Maria can’t do it for all of      a common procedure called
be able to go to their city council, to take                                                                                       real estate world,” she says. “There’s         Texas, but if we have a thousand Marias,       dilation and evacuation, or D&E.
leadership into their own hands.”                                                                                                  an opportunity to organize folks who           then we have a much better chance,”               Alexa Kolbi-Molinas, a senior
   TAAN mobilizes community organiz-                                                                                               are doing zoning and involved in land          says Wallace.                                  staff attorney with the ACLU’s
ers, advocates and activists, and lead-                                                                                            use conversations. There’s an opportu-            “It’s hard to talk about reproductive       Reproductive Freedom Project,
ing reproductive rights organizations                                                                                              nity to engage a lot of different people       rights in Rio Grande Valley in South           argued the case. “Cameron is
including the ACLU of Texas, TEA Fund,                                                                                             we don’t currently engage with.” After         Texas,” Cordero explains. But in July,         trying to revive the abortion
Avow, Whole Woman’s Health Alliance,                                                                                               S.B. 8 passed in September, the ACLU           when an ordinance similar to Lubbock’s         ban that we successfully struck
Progress Texas, the Afiya Center, Texas                                                                                            and its partners mobilized more than           came to Edinburg, the third-largest city       down twice,” she says. “The
Freedom Network, Jane’s Due Process,                                                                                               50 companies representing more than            in the Rio Grande Valley, it was met with      question before the court is
Deeds Not Words, Lilith Fund, Fund Texas                                                                                           300,000 workers to speak out against           immediate resistance. Whole Woman’s            whether [he’s] allowed to enter
Choice, and Planned Parenthood                                                                                                     the ban (see In Good Company, p. 32).          Health of McAllen, just south of Edin-         the litigation at this late stage.
Texas Votes. Through TAAN Academy,                                                                                                    Leveraging an entire community              burg, is the only abortion clinic in the Rio   But the stakes are obviously
a two-month training program, par-                                                                                                 is vital to the health of local organiz-       Grande Valley, serving a region of 1.4 mil-    much broader than that.”
ticipants learn tactics for thwarting                                                                                              ing, and no one knows that better than         lion people. Cordero and local reproduc-          Kentucky is a haven for
anti-abortion ordinances through a cur-                                                                                            Maria Cordero. Cordero is a policy and         tive rights activists alerted TAAN to the      surrounding states that have
riculum that covers topics such as Texas                                                                                           advocacy strategist at the ACLU of Texas       threat. TAAN quickly provided media            even less access to abortion
legislative abortion history, communica-                                                                                           and has been working with immigrant            messaging and city council strategy.           or none at all. There is only one
tions messaging, and advocacy strategy.                                                                                                                                                                                          clinic in Kentucky that provides
   “The person pushing the [Lubbock                                                                                                                                                                                              second-trimester abortions,
ordinance] portrayed himself as being                                                                                                                                                                                            but it sees patients from
a West Texan; he’s not. He’s from East                                                                                                                                                                                           Tennessee, Indiana, and West
Texas,” says Gonzalez. “He’d come in                                                                                                   “THE COMMUNITY MEMBERS ARE                                                                Virginia. If the Supreme Court
and say he’s ‘a local guy trying to make
a change in the community.’ He’s not a                                                                                             SPEAKING BY THEMSELVES ABOUT                                                                  allows the attorney general
                                                                                                                                                                                                                                 to intervene, it will effectively
local guy; he’s from 400 miles away, but
                                                                                                                                                THEIR NEEDS AND WORKING                                                          cut off abortion access in
the people here didn’t know that.” The
man behind the movement, Mark Lee                                                                                                      TO MAKE THE CHANGE HAPPEN.”                                                               the region.

20 ACLU Magazine                                                                                                                                                                                                                                        Spring 2022 21
Many community members from Edin-
burg and nearby cities shared power-    		 BATTLING THE ONSLAUGHT OF
ful testimony at the hearing. After three
                                                 COPYCAT ORDINANCES WILL TAKE
hours of comments, the city council
ceased to motion the ordinance forward.   SIGNIFICANT LEGAL AND GRASSROOTS
   “For us to stop the proposal in Edin-
burg was a big win,” says Cordero. The
                                                       ORGANIZING FIREPOWER.
success in Edinburg and TAAN’s growth
across Texas are resonating with ACLU
affiliates in other states facing copy-
cat ordinances. The same person who         grassroots people,” says Wallace. “​​We        if you had the [large-scale] recognition
charted the local anti-abortion legis-      had grassroots folks in Ohio find TAAN         that cities were a crucial locus of activ-
lation across Texas made his way to         because they passed one of these ordi-         ity, funding would be targeted toward
Southwest Florida and is pushing for an     nances. I was able to connect them with        increasing the expertise that we have on
ordinance in Naples. Planned Parent-        [other] organizations.”                        the local level,” says Gerbracht.
hood and 16 other organizations created        Gerbracht stresses the importance of
a counterpetition to keep the ordinance     allocating funds to municipal-level cam-
off the city council agenda. Now they       paigns. Localities in at least five other      The ACLU and its affiliates in all 50 states,
are reaching out to TAAN for guidance       states including Arkansas, Indiana, New        Puerto Rico, and Washington, D.C., are
on city council messaging and strategy.     Mexico, New York, and Ohio have already        fighting to protect abortion access from
   “Right now this [multi-state work]       passed anti-abortion ordinances similar        multiple angles in a swiftly changing and
is an extension of TAAN. Not only           to the ones seen in Texas, while states like   hostile local and federal landscape. As
do we have the ACLU of Florida and          Florida are just beginning to navigate         state bans like S.B. 8 and anti-abortion
Planned Parenthoods reaching out to us      them. Battling the onslaught of copycat        ordinances spread across the country,
because we work so closely with them        ordinances will take significant legal and     the ACLU has blocked (or continues to
and they’re partners, but we also have      grassroots organizing firepower. “I think      block) more than 20 of them, including

  The Future                  In December, the
                              Supreme Court heard oral
                                                                seemed quite ready to
                                                                overturn Roe v. Wade in
                                                                                                    see Roe v. Wade overturned.
                                                                                                    They want people to have                                                                                                                      Activists rally outside the                  unnecessary Food and Drug Administra-            The road ahead is fraught, but there
  of Roe                      arguments in Dobbs v.             whole. To basically say             access to abortion that is                                                                                                                    Supreme Court on December 1,
                                                                                                                                                                                                                                                  when the Center for Reproductive
                                                                                                                                                                                                                                                                                               tion (FDA) policy that requires patients      is reason to hope. The ACLU with its
                              Jackson Women’s Health            there is no right to abortion,      safe, that is accessible.” The                                                                                                                Rights argued a case on                      to pick up medication abortion in person      nationwide presence will continue to
                              Organization, a Mississippi       period. It is left to the           Women’s Health Protection                                                                                                                     behalf of a Mississippi abortion             at a hospital or clinic, despite the health   fight to bolster state constitutional rights
                              case that challenges the          states,” says ACLU National         Act (WHPA)—historic                                                                                                                           provider, challenging                        risks during a pandemic. Previously, it       to abortion, advance ballot initiatives
                                                                                                                                                                                                                                                  the state’s 15-week ban.
                              state’s 15-week abortion          Legal Director David D. Cole.       legislation that would create                                                                                                                                                              was the only drug required by the FDA         that expand access to abortion, lobby to
                              ban. The state of Mississippi     “It will mean an incredible         federal protection for                                                                                                                                                                     to be dispensed in clinical settings while    pass state protections for reproductive
                              asked the court to overturn       amount of work going                abortion—passed the U.S.                                                                                                                      outright bans; laws that would eliminate     permitting patients to self-administer        rights, and ensure everyone has access to

                                                                                                                                           P H OTO G R A P H BY K E N T N I S H I M U R A / LOS A N G E L ES T I M ES V I A G E T T Y I M AG ES
                              nearly 50 years of legal          forward to protect and              House of Representatives                                                                                                                      abortion between 14 and 20 weeks; laws       it at home. The lawsuit led to the FDA        the ballot to elect candidates who protect
                              precedent—a federal               defend the right in each            in September. With Roe at                                                                                                                     banning abortions when the patient’s         suspending the in-person dispensing           abortion rights in their communities.
                              constitutional right to           state. But we’ll be fighting.”      grave risk, it’s now urgent for                                                                                                               reason is based on a fetal diagnosis; and    requirements and has already helped              Grassroots advocates like Blair Wal-
                              abortion—established by              “[Mississippi wants]             the Senate to follow suit.                                                                                                                    parental consent laws that could jeop-       transform the way medication abortion         lace will continue expanding TAAN and
                              Roe v. Wade. And it appears       to give every state in the             A federal law would make                                                                                                                   ardize young people’s health and safety.     is obtained in the United States.             its training program across Texas and
                              the conservative members          nation the ability to prevent       state abortion restrictions                                                                                                                   In October, the ACLU argued before the          Following extensive advocacy and           beyond. Community organizers like
                              of the court may grant the        women from getting the              unlawful, thus allowing                                                                                                                       Supreme Court in a case challenging          litigation from the ACLU, the FDA             Maria Cordero will continue arming
                              state its request or severely     care they need and force            medical providers to offer                                                                                                                    a Kentucky law that would effectively        also agreed to a full review of all fed-      immigrant communities with knowl-
                              weaken Roe’s protections.         them to stay pregnant and           safe, quality care. It would                                                                                                                  ban abortion after 15 weeks. The ruling      eral rules on medication abortion.            edge of their constitutional rights. City
                              A decision in the case is         to have children against their      protect the constitutional                                                                                                                    could have significant repercussions for     In December, the agency announced             experts and strategists like Heidi Ger-
                              expected at the end of June.      will,” says Jennifer Dalven,        rights of all people, no matter                                                                                                               access to abortion in Kentucky and the       the permanent repeal of its restric-          bracht will continue to illuminate and
                                 If the court overturns         director of the ACLU’s              where they live.                                                                                                                              surrounding region.                          tions requiring in-person dispensing,         solve unique municipal challenges. And
                              or guts Roe, 26 states            Reproductive Freedom                                                                                                                                                                 In addition to the critical work block-   expanding abortion access for hun-            millions of activists like Kim Gonzalez
                              are certain or likely to ban      Project. “We know that the          Visit aclu.org/whpa and                                                                                                                       ing state abortion restrictions, the ACLU    dreds of thousands more people across         will continue to be ready for battle—
                              abortion. “At least five          vast majority of people in          urge your senators to pass                                                                                                                    is expanding access to medication abor-      the U.S.—particularly low-income              sounding the alarm when it’s time to
                              members of the court              this country do not want to         the WHPA today.                                                                                                                               tion nationwide. In 2020, the ACLU           people, people of color, and those who        mobilize. As Cordero says, “You can’t
                                                                                                                                                                                                                                                  successfully challenged the medically        live in rural and isolated areas.             stop the power from the community.”

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