Every year since 1994, the President of the United States proclaims January 16 as "."
January 16th commemorates the anniversary of the adoption of the Virginia Statute for Religious Freedom, the first legislative enactment in the history of the world to proclaim the fundamental importance of religious freedom. The Statute also played an important underlying role as a precursor to our Bill of Rights' constitutional protections for religious freedom.
Presidential proclamations of "Religious Freedom Day" typically praise not only the eighteenth century founders Thomas Jefferson and James Madison, but twentieth century Americans who promoted religious freedom through international instruments such as the (UDHR) and the .
Freedom of belief and worship is not just a constitutional right; it is a fundamental human right. The UDHR establishes that religious freedom is a fundamental human right, stating:
[e]veryone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Although the U.S. Constitution and human rights standards guarantee religious freedom to all, religious discrimination is still a problem in the United States. Jeremy Gunn, director of ACLU Program Freedom of Religion and Belief, that "[w]hile American laws do not discriminate against particular religions, and while most religious groups are free to practice, there are certain groups disproportionately subjected to unfavorable treatment by society and at times by public officials." One group that falls into this category is Muslim-Americans.
In the last few years, the U.S. has seen many attacks on religious freedom, particularly since the tragic events of 9/11. These attacks on religious freedom have hindered the ability of Muslim-Americans, Sikh-Americans, Arabs, and South Asians to give religiously-obligated charity, be free from discrimination at work, worship without fear, express their religious belief, associate with those who share their faith, and wear religious attire.
In Michigan this November, the ACLU Human Rights Program teamed with the ACLU of Michigan, Arab Community Center for Economic and Social Services, and other local organizations to host a workshop on the challenges of keeping one's faith in post-9/11 America due to religious and ethnic discrimination. One of the featured speakers was Jameelah Medina, an ACLU client who was forced to remove her hijab in a San Bernardino County, California jail. Jameelah's story is and shows us that we have much farther to go in achieving the eighteenth century founders' goal of eliminating religious discrimination and combating intolerance on the grounds of religion or belief.
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While Religious Freedom Day recognizes America's role as an early world leader on religious freedom, the best way to honor America's contribution to religious freedom, however, is not only to celebrate what has been accomplished but to rededicate ourselves to achieving the ideal the Constitutional framers intended. The Obama administration must end religious discrimination, not perpetuate the wrongs that have tarnished America's reputation as a beacon of religious freedom especially in times of national emergency.
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News & CommentaryDec 2024
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News & CommentaryDec 2024
Racial Justice
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Press ReleaseOct 2024
Human Rights
Free Speech
Universities Should Protect Students’ Right to Protest, End Crackdown on Peaceful ProtestsUniversities Should Protect Students’ Right to Protest, End Crackdown on Peaceful Protests
WASHINGTON – College and university presidents across the U.S. need to respect and protect the right to protest in support of Palestinian rights the American Civil Liberties Union, Amnesty International, and Human Rights Watch said today in an open letter. For months the organizations have raised concerns about the potential use of unlawful force when university administrators call in law enforcement officers to break up demonstrations on campus. This new letter comes after reports of heavy-handed and excessive force by some campus police and local law enforcement against peaceful protests and encampments across the country. The groups provide recommendations for colleges and universities to ensure they protect the right to protest on their campuses. The organizations also urge university administrations to refrain from taking any further measures to suppress student protests on campus, including stopping the use of so-called less lethal weapons and ensuring that coercive police power is used only as a last resort, among other recommendations. “Universities are responsible for protecting both physical safety and free expression on campus,” said Jamil Dakwar, director at the ACLU’s Human Rights Program. “It’s deeply concerning to see universities needlessly expose students to police violence for peacefully expressing their political opinions. We’re urging schools once again to exercise restraint, practice de-escalation, and protect free speech and dissent on campus.” Preliminary analysis by Amnesty International’s Digital Verification Corps has identified at least 174 photos, videos, or social media posts from 20 universities of potential excessive use of force by law enforcement under international law that merits further investigation. This includes 17 universities where chemical irritants such as pepper spray appear to have been used against student protesters, and 11 universities where officers appear to have responded to protests armed with kinetic impact projectiles such as rubber bullets. The results of this use of force by law enforcement agencies have been devastating, including media-verified reports of severe injuries such as bleeding puncture wounds, head injuries, broken teeth, and suspected broken bones, most notably at the University of California Los Angeles, Columbia University, and the City College of New York. The Digital Verification Corps also documented at least 10 other universities where photos or videos capture potential injuries to students. It found that half of the incidents involving injuries under investigation appear to be the result of chemical irritants. “The information we have gathered on excessive use of force against student protesters is extremely worrisome and we are still in the beginning of our investigation,” said Justin Mazzola, researcher with Amnesty International USA. “With the continuation of the Israeli military’s assault on Gaza and the risk of US complicity through the sending of weapons, campus protests in favor of stopping the violence and destruction will continue. Universities have a responsibility to protect academic freedom and the rights to freedom of expression, and to peacefully protest, and we will be watching to ensure they do.” The ACLU, Amnesty International, and Human Rights Watch are not alone in their concern. The Inter-American Commission on Human Rights, the United Nations High Commissioner for Human Rights, and several UN experts, including the UN special rapporteur on the right to education, have criticized the violent crackdown on peaceful demonstrators by law enforcement and disciplinary measures against students exercising their rights to peaceful assembly and freedom of expression. All higher education institutions, even private colleges and universities, where the First Amendment is not applicable, have a responsibility to respect the right to freedom of peaceful assembly under international law. “Instead of resorting to police action that both shuts down free speech and heightens the risk of injuries, universities need to do more to protect student speech from violence and intimidation, and actively ensure that peaceful student expression continues without interference,” said Tanya Greene, director of the US program at Human Rights Watch. As the letter explains, the ACLU, Amnesty International USA, and Human Rights Watch are conducting research and analysis of how campus administrators are responding to student protests. They urge universities to fulfill their human rights responsibilities by facilitating protests and ensuring that all students' rights to freedom of expression and peaceful assembly, regardless of viewpoint, is respected. A comprehensive joint report on this issue is slated to be released by the ACLU and Amnesty International USA in the coming months. The open letter is available here: /documents/letter-to-universities-student-protesters -
News & CommentaryOct 2024
Immigrants' Rights
Human Rights
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