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Lambda Legal's Statement on Alito
Posted by Emil (Guest) squaremoon@emilsdiary.com - Tuesday, November 1 2005, 2:29:17 (CET)
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Lambda Legal's Statement on Alito:


Alito Nomination Raises Red Flags for Lambda Legal



This morning President Bush nominated Judge Samuel Alito to replace "swing vote" Sandra Day O'Connor on the U.S. Supreme Court. Already, Alito's track record on reproductive freedom, discrimination against people with HIV and federalism (respect for Congress's power to enact important statutes like civil rights laws) raises potential red flags for Lambda Legal — as does his record on lesbian, gay, bisexual, transgender and questioning youth in schools.

In 2001, Alito authored a decision that struck down a public school district's policy that prohibited harassment against students based on their sexual orientation. The policy focused on harassment that might interfere with a student's educational performance or create an intimidating, hostile or offensive environment. But Alito ruled this policy was unconstitutional because it could cover "simple acts of teasing and name-calling." In a subsequent case, he found that a school violated federal law for failing to protect a disabled student from harassment that included antigay name-calling.

Where does Alito stand today?

When it comes to LGBTQ students, what some would call "simple acts of teasing and name-calling" can make the difference between getting the same education as every other student or dropping out of school. As senators consider Alito's nomination, they must ask him if he believes federal laws should protect LGBTQ students.

Just last month Lambda Legal filed a lawsuit on behalf of Nancy Wadington, a young lesbian who experienced such vicious antigay harassment in her New Jersey high school she was forced to flee permanently for her safety. Our ongoing "Out, Safe & Respected" campaign helps inform young people of their rights and how to advocate on their own behalf. Nancy's case shows how essential this information is, but young people also need laws to protect them.

Would Samuel Alito see Nancy's case as a simple act of teasing and name-calling? Senators must ask him this question during his confirmation hearings.

Right now we know Alito has a long track record of legal and judicial experience. But legal intellect and experience are not enough to make a nominee qualified to serve on the highest court in the land. In addition, a clear commitment to equality and fairness for all Americans is a core qualification for a lifetime appointment to the Supreme Court. Whether Alito possesses this commitment is a critical question.



I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.
- Thomas Jefferson



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