By Duncan Smith
Once upon a time the American Civil Liberties Union stood for upholding ‘civil liberties,’ but those days appear to be over now.
The Left-wing legal group has gone full Marxist in a lawsuit aimed at striking a new policy implemented by Education Secretary Betsy DeVos that actually provides due process rights for students accused of sexual assault on college campuses.
What’s more, the new DeVos rule brushes away an Obama-era rule that took away due process rights, mostly for men.
As PJ Media reports:
Earlier this month, Education Secretary Betsy DeVos issued new rules under Title IX, fighting sexual assault while at the same time extending important due process protections to the accused. Since due process is central to civil liberties, Americans might expect the ACLU to cheer these new rules.
Instead, ACLU Deputy Legal Director Louise Melling responded this way, “See you in court.”
The suit claims, “DeVos has discarded decades of [the Department of Education]’s experience addressing sexual harassment and assault by promulgating regulatory provisions that sharply limit educational institutions’ obligations to respond to reports of sexual harassment and assault.
“If allowed to be implemented at educational institutions nationwide, these provisions will make the promise of equal educational opportunities irrespective of sex even more elusive. This is true for all students, including students of color, LGBTQ students, and students with and without disabilities, in grade school, high school, and higher education,” the suit states.
That’s a spurious claim given that the expansive Title IX initiative launched by the Obama administration’s infamous 2011 “Dear Colleague” letter many times resulted in black male students unfairly characterized as “rapists” because they were considered guilty of abusing white women, sometimes without clear evidence.
The fact is, due process is a basic founding American legal principle — one the ACLU should well respect. But the agency would rather turn it into a political issue because “Orange Man Bad.”
Angela Morabito, a spokeswoman for the DOE, told NBC News that the new Title IX rules ensure that “no survivor is brushed aside and no accused student’s guilt is predetermined.”
“The ACLU, which used to defend civil liberties, should be supporting such an approach,” Morabito insisted. “Instead, they’re helping schools trample on basic due process and gut protections for survivors to serve an ideological agenda where the ends justify the means.”