Q: The Delaware General Assembly passed several measures last session that broaden citizens’ rights under the law, including legislation that increases public access to government records and a bill that prohibits discrimination based on sexual orientation. In previous years, these initiatives had stalled or failed. Do you think the state legislature is becoming more progressive?
A: This was as much about the voters as it was about the legislature. Active and well-organized constituents worked hard to let legislators know that they wanted action on public access and LGBT equality. Both bills passed with wide majorities in both houses of the legislature and with support from both Democrats and Republicans. Public opinion was on the side of change. These were bills whose time had come.
Q: What issues are on your organization’s radar for the coming legislative session?
A: School discipline is an issue we’ve been involved with for several years, long before the recent case of the six-year-old who was suspended for bringing his camping utensils to school. We’re currently involved in a coalition of legislators, law enforcement, the attorney general’s office, school officials and community members to help create a school discipline system in Delaware that keeps students safe, while keeping them in school and out of the criminal justice system.
Q: What do you see as the biggest misconceptions about your organization and how do you work to correct them?
A: That we are anti-religion. Everyone knows that we work to prevent proselytizing in schools, because we believe that religious instruction is best left to parents and religious communities, not government entities. What people don’t know is that we often help people practice their religion. Recently, we represented a church that was facing eviction from the public school it rented on Sunday mornings. The church was allowed to continue meeting in the school because the law guarantees that all public facilities, including schools, must be made available to religious groups on the same basis they are made available to the general public.
Q: What are the most common issues people ask the ACLU of Delaware for help with resolving?
A: That’s a hard question to answer; every day brings something new. We get free speech and public protest questions. Young people contact us with questions about censorship, student discipline and school prayer. Same-sex couples ask us for advice on how to provide legal security for their families. Lately, we’ve gotten a number of complaints about police misconduct. The one thing I can count on is that almost every day I’ll hear from inmates in Delaware’s prisons who are seeking help with medical or other issues. A surprising number of calls to our office are from government officials, legislators, community organizations and others seeking information about the law. Most people in government want to do the right thing, to respect the constitution, and to treat people fairly.
