<< Back 12/18/02 How we love to hate the ACLU SMN If you want to come in dead last in a popularity contest in Western North Carolina, stand on a street corner and proclaim the importance of the American Civil Liberties Union. OK then, we’ll do it: the ACLU is a much-misunderstood organization that plays a key role in forcing our elected representative government and our courts to define exactly what the Constitution says about very important issues. People need to understand another important aspect of the ACLU — its attorneys will fight until they are dragged out of court to protect the right of people to be different, to hold unusual views, and to stand against popular opinion. In other words, ACLU lawyers know full well they are public enemy number one in many circles. But again, they serve a fundamentally important role in a country that is based on the rule of law. This fall and winter citizens in Western North Carolina were treated to an up-close glimpse how the ACLU operates. Just a couple of weeks ago, the North Carolina affiliate of the national organization reminded leaders in Franklin that a Christmas nativity scene containing only religious symbols has been deemed unconstitutional by the Supreme Court. That reminder led to a popular uprising of sorts: Macon County residents pleaded with county commissioners to ignore the group’s protestations and keep their courthouse nativity purely religious. Alas, the county’s lawyers advised their clients — county commissioners and the public — that to do so was surely a lost cause. The high court of the land has ruled on several occasions that nativity scenes on public property violate the establishment clause of the Constitution. Jews, Muslims, Hindus and others don’t want their county — or country — endorsing one religion over another. In Haywood County, a minor uproar occurred surrounding teacher participation in student-led “See You at the Pole” prayer celebrations. The ACLU thought the school system had given its blessing for teachers to stand in the background and still participate. That prompted a letter informing the school system that teachers must not pray, and that only a couple could be present to keep order. Needless to say, that “interpretation” of the Constitution riles many. How can a teacher’s civil liberties be protected when he or she is prevented from praying on their own time before school starts? The ACLU says the Constitution is clear on this matter, but others disagree. Haywood school officials, under advisement from at least two attorneys, told their teachers not to participate. These two issues are just a couple that show how the ACLU operates. The separation of church and state, though still fought by many, is imbedded in many of our Supreme Court’s decisions. It is an unpopular interpretation in our region, but it is the law of the land and those sworn to uphold the Constitution must accept it. And that is what the ACLU does, whether it is flag burning, abortion or affirmative action — it forces the courts to define our Constitution. The decisions are made by judges and juries. The group led the way when court cases that decided important civil rights issues were argued before the Supreme Court. It tried to protect citizens during the McCarthy-era witch hunts of the 1950s. Even now the ACLU is working to make sure our rights and those of immigrants are not illegally stripped away as we wrestle with news laws to protect ourselves from terrorists. The basic premise of the ACLU is to protect sacred civil liberties. Often, protecting those liberties means coming to the defense of unpopular people and opinions. Anyone who doesn’t think that is a fundamental part of being American needs, perhaps, to give the Constitution a good read.