ACLU of Alabama Celebrates 60 Years in the Fight

The 1970s were rife with challenges against unconstitutional prison conditions in Alabama such as the involuntary commitment of incarcerated individuals to mental institutions, the lack of due process protections, the lack of adequate medical care, the denial of research material to incarcerated individuals seeking an appeal or writ, and the isolation of sick incarcerated individuals in solitary confinement.  

In 1972, the ACLU established the National Prison Project (NPP) to defend the civil and constitutional rights of incarcerated people. The early years of the Project were devoted to uncovering and fighting brutal conditions that many Americans could hardly believe existed in their own country. After Alabama was found to have unacceptable prison conditions through a federal trial in 1975, U.S. District Judge Frank Johnson placed Alabama's prisons in receivership, writing that “a state is not at liberty to afford its citizens only those constitutional rights which fit comfortably within its budget. The Alabama Legislature has had ample opportunity to make provision for the state to meet its constitutional responsibilities in this area, and it has failed to do so.” Johnson ordered the state to improve mental health treatment of incarcerated individuals, tighten security, increase living space for those in the system, and upgrade all prisons to meet minimum public health standards. The ordered changes led to major improvements in security and medical and mental health care, but progress did not go beyond minimum standards.  

The gains did not last. Tough-on-crime laws and a warehousing model for inmates created an overcrowding crisis, and the federal oversight ended in 1988. Alabama prisons are once again facing the threat of a federal takeover. Regardless of federal oversight, the ACLU of Alabama remains committed to fighting for the rights of incarcerated individuals. From challenging Alabama's broken parole system, to fighting the death penalty, the ACLU of Alabama is still showing up for ALL Alabamians' civil liberties.

In 1983, local officials told Ray Morris and the Knights of the Ku Klux Klan that they would not be allowed to march through downtown Chickasaw, AL. So when it came time to try again, Mr. Morris, a dock worker who lived in public housing and held the title of Grand Dragon of the Alabama Klan, went to the American Civil Liberties Union for help. He was, in turn, referred to a lawyer in nearby Mobile. The lawyer, Christopher Clanton, was Black.   

At first, KKK leader Morris was a bit bewildered by Clanton’s willingness to represent them, but he concluded “[…] It don’t make no difference that he’s what he is or that I’m a Klansman. We’re both Americans, aren’t we?”   

''It wasn't an easy decision to go ahead with this, and a lot of people advised me not to,'' said Christopher Clanton, 26-years-old and a recent law graduate at the time. ''But as a matter of principle, how could I say no? For a black man to deny others their civil rights would be a contradiction of all that black people themselves fought for in the 1960's.''  

Over the years, the ACLU has represented or defended individuals engaged in offensive speech.  Constitutional rights apply to even the most unpopular groups if they’re going to be preserved for everyone. 

In 1993, the ACLU sued Alabama in federal district court, challenging a state law that prohibited public colleges from providing money or space to LGBTQ+ student groups. 

The lawsuit was prompted by the denial of funds to the Gay Lesbian Bisexual Alliance at the University of South Alabama under the 1992 law. 

After a number of years in court, a ruling was finally issued on January 29, 1996. Judge Myron H. Thompson for the Middle District of Alabama declared that the Alabama law created to oppose LGBTQ+ student groups was unconstitutional due to violating the Ffirst Amendment and ordered that all legal fees be covered by the defendants. 

This ruling solidified the legal rights of LGBTQ+ focused student organizations to exist throughout Alabama and gave a strong signal to universities that such organizations must receive equal justice under the law. 

The ACLU of Alabama continues our fight for free speech on campus today with lawsuits like our recently filed complaint against Alabama’s anti-DEI law, Senate Bill129. 

A monument to the Ten Commandments displayed on the grounds of the Alabama judicial building was ordered removed in 2002 by a federal district judge after the ACLU and its clients had argued that the Judicial Building should be a place where profession of religious faith is not a prerequisite to seeking justice. 

Following a seven-day trial, U.S. District Judge Myron Thompson gave Chief Justice Roy Moore 30 days to remove the two-and-a-half-ton monument to the Christian text he had erected last year in the rotunda of the State Judicial Building. 

"The federal court today vindicated the religious freedom of all Alabama citizens, not just those who share the Chief Justice's views that a belief in a Christian God is the only real religion in Alabama," said Rob Weinberg, a staff attorney with the ACLU of Alabama, which along with other groups had challenged the display. 

The federal court held that Moore violated the Constitution when he "installed a two-and-a-half ton monument in the most prominent place in a government building, managed with dollars from all state taxpayers, with the specific purpose and effect of establishing a permanent recognition of the 'sovereignty of God,' the Christian God, over all citizens in this country, regardless of each taxpaying citizen's individual personal beliefs or lack thereof." 

The ACLU of Alabama continues to challenge offenses against the separation of church and state in our work today. From morality-coded books bans to state-sanctioned prayer in public schools, the ACLU of Alabama is committed to protecting all Alabamians’ rights. 

In June 2013, in a huge blow to democracy, the U.S. Supreme Court struck down key protections in Section 5 of the Voting Rights Act with Shelby County v. Holder. The protections stricken from the VRA required jurisdictions with significant histories of voter discrimination to get federal approval from the Department of Justice and show that they do not have a discriminatory purpose or effect. The Shelby decision released the worst offenders from federal oversight of their voting policy changes in the midst of the growing backlash against increased minority voter participation. Alabama, and other states with a history of voter suppression, took this decision as a signal to enact voting restrictions with impunity, opening the flood gates to levels of voting discrimination unlike anything the country had seen in a generation. 

This case involves a constitutional challenge to Section 5 brought by Shelby County, Alabama. The ACLU intervened in the case on behalf of the Alabama State Conference of the NAACP and several Black residents of Shelby County whose voting rights are directly impacted by the county’s challenge. 

In March of 2024, ACLU of Alabama Senior Attorney Laurel Hattix, testified to the U.S. Senate Committee on the Judiciary on Modern-Day Voting Discrimination in Alabama, asking Congress to expand the protections of the VRA and restore the preclearance provisions for jurisdictions that persist in enacting discriminatory voting laws and districting schemes. 

A group of midwives and doctors and the ACLU filed a lawsuit in 2023 challenging the Alabama Department of Public Health’s (ADPH) de facto ban on freestanding birth centers throughout Alabama. This de facto ban prevented birth centers from providing much-needed pregnancy care to their patients. One center was forced to abruptly shut down operations, despite a perfect safety record. After hearing oral argument in September 2023, the Circuit Court of Montgomery County granted the ACLU’s request for a Preliminary Injunction, preventing ADPH from refusing to timely license freestanding birth centers that comply with nationally recognized safety standards for birth centers while litigation continues. 
 
The ruling means Oasis Family Birthing Center in Birmingham, Alabama Birth Center in Huntsville, Birth Sanctuary in Gainesville, and any other birth center complying with standards can secure licenses from ADPH to operate— and serve Alabamians with much-needed pregnancy care. 

Access to birth centers and midwifery care are part of our holistic view on reproductive justice. These tools, along with access to abortion care, are critical to addressing maternal mortality and ensure high quality health care. The ACLU of Alabama is committed to fighting for reproductive justice across the spectrum.

Just 10 years ago, the ACLU of Alabama looked completely different. A small but mighty office of four full-time staff members took on the massive task of defending Alabamians’ rights in the Courts and Statehouse. Today with a staff of 22 full-time employees and a network of partners and volunteers across the state, the affiliate has grown our team and our reach beyond what we could have imagined just a decade ago.  

Our work has grown too. We are not limited to working in the courts or the Statehouse, but within our communities across multiple issue areas. Our growth and influence are a testament to the vision of those leaders who paved the way for progress, the strength of our affiliate’s values, and the tireless work of our team. 

The ACLU of Alabama has been laying the foundation of Vision 2030 throughout our 60 years of existence. We have the talent, the vision, the strategy, and the integrity to accomplish our ambitious goals and we will not stop until we have succeeded in making Alabama a fairer and more equitable place for all. Read more about our vision for the future of Alabama here.