| The Free Speech Rights of Public Employees |
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| When dealing with public employees, public employers are bound to follow the mandates of the United States Constitution. However, public employers also need to provide services to the public. As a result, a government employer can find itself having to weigh competing concerns when disciplining an employee for his or her activities that are purportedly protected by the First Amendment. More... |
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| Internet surveillance provision of USA PATRIOT Act |
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| A federal court has ruled that the surveillance provision of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act) was unconstitutionally broad. In striking down § 505, the federal judge said that while national security was of "paramount value," personal security was equal in importance. The judge held that § 505 was violative of the First Amendment because § 505's permanent ban on disclosure of the request was an impermissible "prior restraint" on free speech. Additionally, the surveillance provision violated the Constitution because it gave "unchecked powers" to obtain private information. Furthermore, it violated the Constitution's prohibitions against unreasonable searches.
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| Gay Men and Lesbians as Foster Parents |
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| Civil rights advocates say that sexual orientation discrimination occurs when a state refuses to place a foster child with a single man because he is gay or when a lesbian couple is not permitted to provide emergency foster care because of their sexual orientation. At least two states have laws or regulations prohibiting gay men or lesbians from serving as foster parents. Those opposed to such laws and policies cite reports indicating that children raised by lesbian or gay parents--either as single parents or as same sex partners--seem to receive the same level of care and concern as do children raised by heterosexual parents. Proponents of permitting gay men and lesbians to provide foster care also point to the critical shortage of foster care providers.
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| Reasonable Accomodations of Religious Practices |
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| Title VII of the Civil Rights Acts of 1964 and 1991 requires employers, including placement firms and labor unions, to make "reasonable accommodations" for the religious practices of its employees unless an accommodation would create an "undue hardship" in the operation of the employer's business. The United States Supreme Court has stated that a "reasonable" accommodation of an employee's religion and the practice of it is an effort that "eliminates the conflict between employment requirements and religious practices." More... |
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| Custody and Visitation Rights of Gays and Lesbians |
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| Civil rights advocates say that sexual orientation discrimination occurs when a state denies a gay father's request for shared custody, assuming the decision is based solely upon the father's sexual orientation. In custody and visitation decisions, the courts are moving away from per se disfavoring a gay or lesbian parent.
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