U.S. Customs and Border Patrol fired probationary agent because of his opinions on ‘drug war’ and immigration

EL PASO, T.X. -- Today, the American Civil Liberties Union of New Mexico (ACLU-NM) filed a lawsuit in U.S. District Court for the Western District of Texas on behalf of a U.S. Customs and Border Patrol agent who was fired because of his personal political opinions. Plaintiff Bryan Gonzalez was an agent with two years of experience and excellent performance reviews when the Border Patrol terminated his employment after learning that Gonzalez held certain political opinions pertaining to drug legalization and immigration.
"Firing a public servant because of their political opinions is an egregious violation of the First Amendment," said ACLU-NM Executive Director Peter Simonson. "We cannot require nor should we expect uniformity of thought within our law enforcement institutions. Purging the ranks of government employees who fail "ideological purity" tests is about as un-American as it gets."
Patrolling near Deming, New Mexico in April 2009, Gonzalez pulled his vehicle up next to a fellow CBP agent who was in the same vicinity. In the course of a casual discussion concerning the drug-related violence in Mexico, Gonzales remarked that he believed that legalization of drugs would be the most effective way to end the violence. He also related to the other agent that, as a former dual U.S.-Mexican citizen, he understood the economic factors that drive migrants to cross the border without documentation to seek work.
Word of Gonzalez's opinions on these matters quickly spread to his supervisor, who informed the Joint Intake Command in Washington, D.C.  Internal Affairs launched an investigation soon after, and the Border Patrol terminated Gonzalez in October 2009, just weeks before his probationary period expired. The termination letter stated that Gonzalez held "personal views that were contrary to the core characteristics of Border Patrol Agents, which are patriotism, dedication, and esprit de corps."
"I was terminated not because my service was inadequate, but because I hold certain opinions that are shared by millions of my fellow Americans," said Gonzalez. "I am no less patriotic or dedicated to excellence in my work because I respectfully disagree with some of our current border enforcement policies. It was wrong for the U.S. Border Patrol to retaliate against me for exercising my free speech rights guaranteed by the very Constitution I swore to uphold."
ACLU-NM seeks a declaration by the court that the Border Patrol violated Bryan Gonzalez's First Amendment right to free speech, as well as compensatory and punitive damages.
READ THE LEGAL COMPLAINT
ACLU-NM Cooperating Attorney George Bach and ACLU-NM Co-legal Directors Julie Sakura and Reber Boult represent the plaintiff in this case.
FOR IMMEDIATE RELEASE January 20, 2011
CONTACT: Micah McCoy, (505) 266-5915 Ext. 1003 or [email protected]

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ALBUQUERQUE, N.M. -- Over the next few days, the booklet Protecting Religious Liberty in Public Schools: A School Official's Guide will arrive in the mailbox of every public school principal and superintendent in New Mexico.  The American Civil Liberties Union of New Mexico (ACLU-NM) developed this booklet as a comprehensive yet easy-to-use resource for schools to protect religious freedom while maintaining clear separation of church and state.
"Every school year, the ACLU responds to complaints from parents about violations of their children’s religious freedom in public schools," said ACLU-NM Executive Director Peter Simonson. "Religion poses tricky questions in the public school/charter school setting. On the one hand, schools must avoid any endorsement of religion and, on the other, they must guarantee students’ private right to practice their faith. Schools must also accommodate students’ free speech rights concerning religion and belief while preventing disputes that substantially disrupt the educational process."
Jonathan Wilks, Dean of School and Student Life at Amy Beihl High School in Albuquerque, received an advance copy of Protecting Religious Liberty and says that he almost immediately found the booklet useful:
"The booklet is remarkable for its clarity and its fairness of perspective. It was fortuitous that "Protecting Religious Liberty" arrived on my desk when it did.  I had just been reviewing a request from a group of our students who were seeking permission to form a lunch time Bible Study meeting at our public high school, and the ACLU's booklet was instrumental in helping me understand our school's Constitutional obligation [permitting the group to form] to these students."
Further compounding the complexity of this issue, there is seventy years of case law concerning religion and public schools to navigate. These decisions, ranging from school prayer to religious diet accommodations in the cafeteria, address different intricacies in the balancing act between maximizing student religious freedom while preventing state establishment of religion.
Some of the topics covered in the booklet include:

• Prayer at athletic events and graduation ceremonies;
• Intelligent design and evolution theory;
• Christmas and religious holidays;
• The Pledge of Allegiance; and
• Student religious clubs.

The booklet is also available online in PDF format: Religious Liberty in Public Schools: A School Official's Guide.
FOR IMMEDIATE RELEASE: January 13, 2010
PRESS CONTACT: Micah McCoy, (505) 266-5915 Ext. 1003 or [email protected]
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Attorney General Gary King’s Opinion Clears Way to Recognizing Out-of-State Marriages between Gay and Lesbian Couples
FOR IMMEDIATE RELEASE
January 5, 2011
CONTACT: Micah McCoy, (505) 266-5915 Ext. 1003 or [email protected]
ALBUQUERQUE, N.M. – The American Civil Liberties Union of New Mexico (ACLU-NM) applauds yesterday’s opinion by New Mexico Attorney General Gary King concluding that the state can legally recognize out of state marriages between gay and lesbian couples. While not legally binding, this opinion signals that New Mexicans are increasingly ready to include all committed couples in marriage.
“Attorney General King’s opinion is an important step towards achieving basic relationship fairness here in New Mexico,” said ACLU-NM Executive Director Peter Simonson. “Recognizing out-of-state same-sex marriages would be a powerful acknowledgement that marriage matters to gay people in similar ways that it matters to everyone.  Gay and lesbian couples want to get married in order to make a lifetime commitment to the person they love.”
Hundreds of gay and lesbian couples have already publicly affirmed their commitment to one another through marriage in the five states in which it is currently legal to do so. Extending the legal and economic protections of marriage to these couples in this state would significantly increase their families’ security, stability and status in the community.
ACLU-NM also thanks Representative Al Park for his advocacy on behalf of the LGBT community and his important role in the release of this opinion.
The full AG opinion may be read online at nmag.gov.
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