Heather L. Weaver, Senior Staff Attorney, ACLU Program on Freedom of Religion and Belief

Last Sunday marked a historic and joyful day in DeSoto County, Mississippi. The county’s first mosque, the Abraham House of God, finally broke ground in the City of Horn Lake. While the occasion was celebratory, it was also a relief to the mosque’s founders, who were forced to sue last year after city officials — motivated by anti-Muslim prejudice — denied them a critical zoning authorization.

Represented by the ACLU, the ACLU of Mississippi, and Simpson Thacher & Bartlett LLP, the mosque and its founders argued in a 2021 lawsuit that the zoning decision violated both the First Amendment, which prohibits singling out one faith for discriminatory treatment, and the Religious Land Use and Institutionalized Persons Act (RLUIPA), a federal law that provides heightened protections for religious groups seeking to establish a house of worship or to use property for other religious purposes. In a decisive victory, our clients quickly won a consent decree (a court order to which the parties agree) requiring the city to approve their construction site plan and prohibiting further discrimination against them.

Three middle-aged men (members of the Abraham House of God, the first mosque in DeSoto County Mississippi) pray with palms facing up while another captures the event on his cellphone.

Attendees gather during the mosque’s groundbreaking ceremony.

Yoselin Moreno

But that didn’t stop Horn Lake from once again trying to thwart our clients’ right to develop their property. In April, our clients applied for a conditional-use permit to establish an Islamic cemetery next to the mosque. Although the city’s Planning Commission staff “strongly and categorically” recommended approval of the application, some commissioners balked. Echoing the biased sentiments expressed nearly a year before by a city Alderman who voted against the mosque’s site plan, one planning commissioner complained, “I am assuming that Muslims nationwide will be coming to Horn Lake to bury their dead.”

It was only after we intervened, yet again, and reminded the city that it must comply with the First Amendment, RLUIPA, and the consent decree, that the Planning Commission voted 4-3 to recommend approval of the permit. And, last week, the Board of Aldermen voted in favor of the recommendation, ensuring that the mosque will be able to offer vital funeral and burial services for the local Muslim community.

The Horn Lake matter is not the only recent incident in which minority-faith groups or houses of worship have faced discriminatory hurdles in zoning proceedings. In some instances, as in Horn Lake, the prejudice is overt and unmistakable. In others, the bias may be more veiled, cloaked in vague — and unsupported — allegations that the proposed land use will cause problems with parking, traffic, or noise.

Two men (members of the Abraham House of God, the first mosque in DeSoto County Mississippi) planting a tree while others look on.

Planting a magnolia tree during the groundbreaking ceremony.

Yoselin Moreno

This past summer, the ACLU and the ACLU of Rhode Island stepped in to represent the Horn and Cauldron, Church of the Earth, a small Wiccan church located in Coventry, Rhode Island. Wicca is a nature-based religion, and the church’s religious services, educational classes, and other faith-based activities focus on the relationship between the earth and the divine. As in Horn Lake, the Coventry Planning Commission staff recommended approval of our clients’ permit application, noting that the application met all requirements and that “the church has been holding activities on the property for many years and the Planning and Zoning department has not received any complaints since the church’s founding.”

Nevertheless, during a public hearing, members of the Coventry Zoning Board of Review declined to approve the permit, citing inaccurate parking concerns (the church has more-than-adequate parking for visitors) and unsubstantiated allegations about fire safety (the church follows all fire-safety laws, and the facilities comply with the fire marshal’s directives). When we became involved, it was clear that town officials either were not aware of, or did not care about, their obligations under RLUIPA, let alone under the First Amendment. Earlier this month, in response to our advocacy, the zoning board granted the church’s permit.

Unfortunately, some zoning discrimination matters are not resolved so quickly. In 2016, the Thai Meditation Association of Alabama, a Buddhist religious organization, filed suit after the City of Mobile repeatedly stymied its attempts to develop a meditation center on a 100-acre parcel of property. The complaint argued that’s the city’s denial of zoning approval bowed to community animus against Buddhism — to some, an unfamiliar faith. The case has dragged on for years, with a court recently finding that city officials made deceptive statements, violated local ordinances, failed to account for the religious nature of the proposed use, and “manipulated the reasons that the planning approval was denied,” including by drafting false meeting minutes. As the lawsuit proceeds, the ACLU and a number of other civil-rights and religious-freedom groups recently filed an amicus brief in the U.S. Court of Appeals for the Eleventh Circuit, supporting the Association’s claims.

Two smiling men (members of the Abraham House of God, the first mosque in DeSoto County Mississippi) shake hands as they greet each other while another smiling man looks on.

Attendees greet each other at the groundbreaking ceremony.

Yoselin Moreno

Even if the Association ultimately prevails, however, it will come at great cost, as we have seen with our own clients. Challenging discriminatory zoning decisions often requires religious groups to tap into limited financial reserves. Moreover, every day that zoning approvals are wrongfully denied is another day that the religious groups or houses of worship are prevented from fully exercising their faith in fundamental ways. And because zoning matters are deeply rooted in and tied to the local community, the distress and dignitary harm that minority-faith applicants suffer from discriminatory denials hits that much closer to home.

That’s why we’ll continue to defend the right of all faiths — especially those that may be unfamiliar to some or unpopular in the eyes of others — to be free from unfair treatment in zoning proceedings. It’s not only the law; it’s the right thing to do.

Date

Friday, October 28, 2022 - 4:15pm

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A sign advertising the groundbreaking of Abraham House of God Mosque & Cemetery, with a drawing of a mosque.

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We’re celebrating a Mississippi mosque’s groundbreaking ceremony after a court victory, but more work remains.

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Lacey Jennen, ACLU Client

Four families of transgender youth and two doctors have challenged an Arkansas law that would prohibit healthcare professionals from providing or even referring transgender young people for medically-necessary health care. A trial began last week. Here, one of our plaintiffs shares how the law would impact her daughter and family.

My husband, Aaron, and I are raising our three daughters in Arkansas. Our entire family and community are here and we love our home state.

My oldest daughter, Sabrina, is transgender and the medical treatment she has received for her gender dysphoria has changed her life. At one time, Sabrina shrank from the world. She was anxious and unsure of herself and struggled with severe dysphoria. Today, Sabrina is confident and has hopes for her future and a joy that we had not seen in her before she started this care. We are fighting to ensure the medical treatment that has given her the life she has today.

Sabrina Jennen

Sabrina Jennen

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When Sabrina was younger and before she started receiving medical treatment for her gender dysphoria, she expressed to us, the best she could at the time, that she couldn’t see a future for herself and didn’t know why. As parents, we were in agony watching her struggle. We saw her as a brilliant, gifted mind, with a very gentle soul. It was heartbreaking that she didn’t see the beautiful person that we saw in her.

After she came out to us and began to receive medical treatment for her gender dysphoria, we began to notice her confidence. She began to smile again and found joy in shopping and styling outfits for not only herself, but her two sisters. They love to swap clothes and accessories, which is really fun to watch. She is also a gifted artist who has created some pretty amazing self-portraits that emphasize her beautiful red curls. Sabrina, who once was a very shy, reserved, and unhappy person, is now our confident social butterfly who loves a good selfie opportunity.

As a parent, I never imagined I’d have to fight for my daughter to be able to receive medically necessary health care. I never imagined having to watch my child suffer and then get better only to have lawmakers take away the treatment she needs.

As a parent, I never imagined I’d have to fight for my daughter to be able to receive medically necessary health care.

The state of Arkansas has suggested that people are rushing into this care, but nothing could be further from the truth for us. My husband and I are very careful and thoughtful people. We had many long, serious discussions with each other, with Sabrina, and with her medical providers. We prayed about the decisions we all had to make as a family.

Arkansas is our home. We have lived here our entire lives, and our parents, siblings, grandparents, church, and entire support system are all here in Arkansas. We do not want to have to leave our home simply to be able to provide necessary medical care for our daughter.

Sabrina is an amazing, smart, beautiful person and an incredible daughter. I wish that those politicians who passed this law would take the time to listen to the experiences of trans youth and to get to know people like our daughter. I can’t imagine anyone who truly got to know and understand how this care has impacted Sabrina could take action that would jeopardize her joy, her smile, and her sense of possibility for her future.

Date

Friday, October 28, 2022 - 12:45pm

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The Jennen family.

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Lacey Jennen and her family are one of several who are fighting an anti-trans Arkansas law via Brandt v. Rutledge.

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Brian Dimmick, Senior Staff Attorney, Disability Rights Program, ACLU

Aaron Madrid Aksoz, Media and Engagement Strategist, ACLU

People with disabilities have long faced some of the greatest barriers to voting in our elections. From inaccessible polling places and a lack of working accessible voting machines to onerous restrictions on absentee voting, our right to the ballot has often been ignored or forgotten.

In 2020, over 11 percent of voters with disabilities reported that they faced some type of difficulty casting a ballot — more than any other group and despite expanded access to mail-in voting due to the pandemic. But instead of embracing the more accessible forms of voting that sparked record turnout, including among voters with disabilities, states have doubled down on new and more restrictive voter suppression laws.

In 2021 alone, more than 400 anti-voter measures were introduced by states across the country, many of which are most burdensome to people of color and voters with disabilities. These measures run the gamut from restricting access to absentee voting, eliminating Election Day registration, and making it more difficult to vote early in person, to criminalizing the act of assisting voters with disabilities to vote. We’re challenging some of the measures that have become law in court in Georgia and Texas, where egregious restrictions illegally burden the right to vote for people with disabilities.

Whether you choose to vote in person early or on Election Day, or vote absentee, you’ll have to navigate a complex web of state and local election rules and deadlines regarding voter registration, absentee ballots, and fixing or “curing” a ballot that was rejected, often due to missing or incorrect information.

This election season, we’re fighting back against voter suppression and urging all Americans to vote for their values and fight for their rights.

For voters with disabilities, we’re making sure you know your rights and can find resources about how to vote, including voting absentee and curing a ballot if it’s rejected.


Register to Vote or Check Your Registration

Vote.gov helps you quickly register to vote if you haven’t already. Register early, as some states require you to register to vote 30 days or more before an election.

If you’re already registered, double check that your registration, including current address, is up to date.


Request an Absentee Ballot

All U.S. states and Washington, D.C. permit people with an illness or disability to vote absentee, allowing you to mail in your ballot or drop it off at a drop box or polling location.

Similar to voter registration, each state has its own set of deadlines and rules for voting absentee. Check out the deadlines here on Vote.org. Some states require you to complete an application in order to receive an absentee ballot, and the deadline to apply may be as early as two weeks before the election. New voter suppression laws may require you to provide proof of ID to request an absentee ballot.

An absentee ballot.

An absentee ballot from the Wayne County Board of Elections.

Hannah Schoenbaum/ AP Photo

You can find information about how to request an absentee ballot in your state using this tool from the National Association of Secretaries of State. Pick your state from the drop down menu and it will open a page or document with instructions on how to request an absentee ballot.

VoteAmerica, Vote.org, and the Election Protection Hotline have additional resources and information.


Cast Your Ballot, and Make Sure It’s Counted

If you plan to vote in person or return your absentee ballot in a drop box, locate your polling place or drop box. Many states do not allow you to vote in person at a location that is not designated as your assigned precinct. Check to see if your state requires an ID to vote in person.

If you plan to submit your ballot by mail, send it at least a week before the election to be sure it arrives by Election Day. Your absentee ballot will likely require you to sign the ballot and/or ballot envelope, and may require one or more witnesses to sign as well. Your ballot will be rejected if the signature is missing

Once your ballot is in, use your state’s ballot tracker to see if it’s been counted. Ballots may be rejected if there is a missing signature on the ballot envelope or a discrepancy in the signature matching process, or if your voter file is missing identifying information like your social security number or driver’s license number. One in eight mail-in ballots were rejected in the Texas primary earlier this year, so make sure your voter file is up to date with all the required information.

If your ballot is rejected, 24 states will allow you to correct your ballot in a process known as “curing.” These states are required to notify you via mail, phone, or email, that your ballot has been rejected and you need to correct it.

Most states will notify you within days of the election if your ballot has been rejected, and you will be given between 3 days and two weeks to prove your identity for your ballot to be counted.


Know Your Rights at the Polling Place

Federal law, including the Americans with Disabilities Act and Voting Rights Act, require election workers to:

  • Make polling places fully accessible to voters with disabilities.
  • Have at least one voting system at each polling place that allows people with disabilities to vote privately and independently.
  • Allow voters with disabilities to receive in-person help at the polls (except from an agent of your employer or union).
  • Make other reasonable accommodations if possible for them to do so.

Read more about your rights as a voter with a disability here.


Get Help if You Need It

If you need more information about voting, or want to report voter suppression or intimidation, contact the Election Protection Hotline at 866-OUR-VOTE (866-687-8683).

Date

Wednesday, October 26, 2022 - 3:15pm

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