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2021 was a year in limbo, a year that started with high expectations that went unmet or, at best, unresolved. We thought, hoped, that the pandemic would be behind us by now. We thought, hoped, that Trumpism and its anti-science, anti-democratic, anti-empathetic currents would have swept out to sea by now.

Instead.

Our country continues to grapple with a long history of racism and police violence, with a global pandemic, and with too many of our fellow Americans picking up the mantle of an administration that spent four years attempting to strip individuals of their civil liberties, of their votes, and of their dignity. If we are paying attention, we are weary. Our country is divided.

But.

As bell hooks and others remind us, hope is necessarily built upon a vision for tomorrow. And, for more than 100 years, the ACLU has pursued a vision for tomorrow in which fairness, freedom, and equality is a reality for every one of us. We have followed an unerring path toward justice. We have fought alongside Americans – alongside people such as you – to ensure rights are protected and a brighter future for all remains America’s promise and purpose. We fought for that future in 2021 and we will not back down now.
 

Achievements behind us and challenges ahead of us

As we reflect on our victories here in Indiana in 2021, we must also be clear-eyed about what may lie ahead. With progress comes pushback. We will need Hoosiers to remain vigilant and to stand together.

In 2021, we fought to ensure an equitable learning environment for students, to stop racist bullying and discrimination in Indiana schools and to protect the rights of LGBTQ Students. We will continue to challenge public schools that fail to provide equal rights to transgender students in 2022, and we will remain vigilant, as some Indiana legislators – relying on misinformation and following the sad example of other states – may attempt to pass classroom censorship legislation in the 2022 General Assembly.

During the 2021 session, we stopped several voter restrictions bills in the statehouse and we helped block an illegal voter purge law in the courts. By misleading voters about election accuracy and voter fraud, some self-interested legislators are sure to continue chipping away at Hoosiers’ access to the ballot. The ACLU will fight barriers to the ballot, here in Indiana and across the nation.

We continue to fight in the courts and in the Statehouse to protect access to abortion in Indiana. If the U.S. Supreme Court were to uphold Mississippi’s ban in 2022, the decision would cut into the core of Roe v. Wade’s holding and our right to make fundamental decisions about our health, our lives, and our futures. Contrary to the will of a majority of Hoosiers, Indiana legislators are poised to ban abortion entirely if the Court overturns Roe. But we know Hoosiers are prepared to fight alongside us, as the ACLU continues our work to protect abortion access using every tool in our toolbox.

In 2021, we combatted over-policing in communities of color, demanding a reduction in the role, resources, and power of police. But officials in Indiana continue to throw resources at police departments to address spikes in crime, despite what the data tell us – more police officers will not result in a long-term reduction in crime. To achieve public safety for all, we need to permanently increase resources for the kind of community-based efforts that do reduce crime: Education, Jobs, and Mental Health and Addiction Services.

Conclusion

Our vision for the future gives us hope.  The battles ahead will not be easy, but just as we have persisted and overcome for the last 100 years we will continue to do so now.  The ACLU of Indiana, and all who stand with us, will continue on the path toward justice.  We will not stop, we will not lose hope, and, we know, neither will you.

Thank you.

The birth of the Bill of Rights was controversial: Anti-Federalists demanded a concise constitution, which clearly delineated the people’s rights and the limitations of the power of government. Federalists opposed the inclusion of a bill of rights as unnecessary.

The Constitution’s first draft established a system of checks and balances that included a strong executive branch, a representative legislature, and a federal judiciary—specifying what the government could do but not what it could not do. Anti-Federalists, fearing a strong centralized government, refused to support a constitution lacking a bill of rights. Heeding Thomas Jefferson who argued, “A bill of rights is what people are entitled to against every government on earth…”, the Constitutional Framers adopted the bill on December 15, 1791.

And so was born the Bill of Rights, created to protect the rights individual citizens believed were theirs.

In 1803, the principle was established that the Supreme Court had the power to nullify acts of Congress that were in violation of the Constitution. However, it was more than a century later that the Supreme Court had opportunities to protect individual rights. Although the beginning of the 20^th century was characterized by racial segregation, sex discrimination, attacks on workers’ unionizing efforts, deportation of legal immigrants for their political views, and persecution of members of minority religions, the Supreme Court, as late as 1920, had not struck down any law or governmental action on First Amendment grounds.  Constitutional violations went unchallenged since those whose rights were most often denied were uninformed about their rights and unable to afford legal assistance.

It was the American Civil Liberties Union, the NAACP, and labor unions that began to challenge constitutional violations in court on behalf of those previously without access. They provided the catalyst for making the Constitutional system and the Bill of Rights work. 

Alas, the hard won achievements are currently being challenged by organized efforts to diminish the effectiveness of the Bill of Rights.

For example, the right to peaceful assembly is at risk. Just last year, there were 51 bills under consideration in 24 state legislatures that would threaten the right to peaceful assembly. Among the proposed laws were nine that would provide civil and criminal immunity for drivers injuring or killing protestors unlawfully disrupting traffic. Across the country, federal, state, and local law enforcement agencies interfered with the right of peaceful assembly, resorted to excessive use of force, and conducted mass arbitrary arrests in response to peaceful protests.

In Indiana, legislators also launched attacks on Hoosiers’ right to protest, passing a law that enhanced criminal penalties for protesting.

The right to assemble in protest against prevailing norms (Justice Robert Jackson’s “right to differ”) has been invoked by suffragists, abolitionists, labor activists, religious organizations, and civil rights groups.

As we celebrate the Bill of Rights birthday, it is more important than ever that we stay alert to these attacks on our most basic rights. With the new year comes Indiana’s 2022 legislative session, I hope you will honor the Bill of Rights with me, by contacting our elected officials about legislation threatening our rights.