For Immediate Release
November 28, 2005
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Contacts:
Lynn Schulman, 212.367.1210
Noel Alicea, 212.367.1216
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GAY MEN'S HEALTH CRISIS JOINS WITH PROGRESSIVE
VOICES ACROSS THE COUNTRY IN OPPOSING THE NOMINATION OF SAMUEL ALITO
NEW YORK — The confirmation of Samuel Alito to the Supreme Court
is likely to lead to the erosion, if not outright reversal, of hard won legal
rights and protections for the Lesbian, Gay, Bisexual, Transgender (LGBT)
and HIV/AIDS communities. With conservative Justice John Roberts already
confirmed to the Supreme Court, Gay Men's Health Crisis (GMHC) views opposition
to Judge Alito's confirmation as critical to every person who values privacy,
civil rights, and personal freedom.
"This nomination is a direct threat to the hard won gains by the LGBT and
HIV/AIDS communities over the years," said GMHC executive director Ana Oliveira.
"It signals a reversal of privacy guarantees and deepens the division between
those with access to civil rights and those who often rely on the Supreme Court
as the last avenue of redress especially women, people of color, the disabled
and others pushed to the periphery of society."
A review of Judge Alito's record underscores GMHC's concerns. As Deputy
Assistant Attorney General in the Reagan administration, Alito helped write
the Justice Department's 1986 opinion upholding employment discrimination
against people with AIDS. Federal law, the opinion stated, does not prohibit
employers from firing workers with AIDS based on "[f]ear of contagion, whether
reasonable or not." In response to this ruling, localities around the country
began to enact antidiscrimination measures and thereby do what the federal
government refused to do: protect the civil rights of people with HIV. Still,
Alito held firm, saying the response "hasn't shaken our belief in the rightness
of our opinion."
During his tenure on the U.S. Court of Appeals for the Third Circuit, Alito
repeatedly sought to impose undue and impossible burdens on women, people with
disabilities, victims of racial discrimination, and refugees seeking merely to
have their day in court. Two cases in particular, Sheridan v. E.I. DuPont
de Nemours and Co. and Robinson v. City of Pittsburgh alleging sex discrimination
and sexual harassment, respectively, offer a glimpse into what working class
women might expect from Supreme Court Justice Alito. Despite the egregious
conduct of their employers, Alito endorsed a standard of proof that would have
made it all but impossible for any victim of discrimination to take their case
to trial. Likewise, his colleagues on the Third Circuit cautioned that if
Alito's interpretation in a racial discrimination case prevailed, the federal
law prohibiting employment discrimination "would be eviscerated."
Alito has often seemed impervious to the reality and legacy of racism. As
Assistant Solicitor General, he signed a government amicus brief opposing an
affirmative action plan and comparing it to slavery. He has also voiced his
opposition to Civil Rights era "one man, one vote" rulings.
Another grave concern is the threat Judge Alito poses to the tenuous
separation of Church and State. In recently released documents he notes his
disagreement with Supreme Court rulings in the 1960s that upheld this partition.
If confirmed, Alito may well be the vote that overturns or fatally
undermines Roe v. Wade. In 1985, Alito wrote proudly of his role in the
government's argument that "that the Constitution does not protect a right
to an abortion." If indeed the newly constituted court eliminates the right
to abortion, all reproductive rights and freedoms will be curtailed, access
to health care in general will be compromised; rights to bodily privacy will
be jeopardized.
As we approach the 25th year of AIDS, we cannot allow the very institutions
we rely on to safeguard our rights to become instruments of disfranchisement.
The confirmation of Samuel Alito to the U.S. Supreme Court will mean the further
dissolution of civil liberties and civil rights. GMHC calls on the Senate to
reject this nominee.
GMHC is a not-for-profit, volunteer-supported and community-based organization
committed to national leadership in the fight against AIDS. GMHC provides services
and programs to over 15,000 men, women and families that are living with or affected
by HIV/AIDS in New York City. For more information, please visit www.gmhc.org.
© 2005 Gay Men's Health Crisis
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