Racism has been in the national news in recent weeks thanks to the inflammatory words of Donald Sterling, owner of the Los Angeles Clippers, and Cliven Bundy, wealthy renegade rancher in Nevada.  Both have been widely condemned and Sterling faces serious consequences from the NBA, but in the wake of their pronouncements there can be no doubt that even the most crude forms of racism are alive and well in the United States.
Just don’t try telling that to the Supreme Court.  In a series of decisions in the past year, a majority of the U.S. Supreme Court has overturned large portions of the Voting Rights Act and undermined affirmative action in higher education.  The subtext appears to be that they believe the problem of racism has largely disappeared and we no longer need active legal protections for racial justice.
If only that were true.  The real problem of racism goes much deeper than the loud-mouthed bigotry of a few prominent individuals.  No one has a right to violate anti-discrimination laws, but even those with obnoxious views have the right to express their opinions without government censorship, while others are free to respond to their views, and there is often enough blowback to discourage open, public bigotry.  But open bigotry is just the tip of an iceberg of hidden racism, unconscious bias, structural racism and unequal protection.
All you have to do to see the depth of racial injustice in our society is to look at wealth and income statistics, joblessness, health patterns, incarceration rates and numbers on death row.  So many African American men have been incarcerated, often losing voting rights in the process, that Michelle Alexander has described our criminal justice system as a “New Jim Crow.”  Racial profiling is rampant in police work, including stop and frisk policies and traffic arrests.  An ACLU study last year found that arrest and incarceration for marijuana possession nationally is about four times as likely for African Americans than for white Americans, even though usage rates are about the same.
Sometimes racism is blatant, but bias doesn’t have to be conscious or intentional for its effects to be real.  This is true for the police, and it is true for all of us at some level.  If you don’t understand how racial profiling can happen without conscious bigotry, watch the video above and think about its meaning.
Racism is not just a problem in some other part of the country, either.  Racism is alive and well right here in Colorado.  At the ACLU of Colorado, we see the effects of racism every day.  With few exceptions, most of the statistics of racial inequity nationally are mirrored in similar patterns here.  Even blatant racism is not uncommon.  Just consider these recent examples:
A racist letter targeting a homeowner near Five Points. A hostile sign posted at a Greeley truck stop. Complaints of racial bias at the CU Dental School. A hostile environment for Latinos at an Adams County school.
A majority of the justices on the Supreme Court are badly out of touch with the realities of racism in the United States.  Racism won’t go away by pretending we live in a post-racial society.  We have a long way to go and difficult work to do to ensure equal protection in voting rights, in criminal justice, in economic and educational opportunity, and in access to civil liberties.

A few weeks ago we wrote about the problems states are having in getting the drugs needed to carry out lethal injections.
Over the last 24 hours, headlines have emerged around the country and the world about Oklahoma’s drug secrecy and their most recent botched execution attempt.
Background:

In Oklahoma two executions were forthcoming and the state was scrambling for drugs.  With plans to use a new three drug cocktail and no public information about the drug suppliers, the lawyers of both death row inmates filed lawsuits to find out what would be used to kill their clients.
Last month, the Oklahoma Supreme Court issued a stay on the executions until they could rule on the secrecy of drugs matter.  The following day, Oklahoma Governor Mary Fallin overruled the Supreme Court and allowed the executions to move forward.
The executions were scheduled for April 29^th and in a rare occurrence, would take place on the same day.  However, only one would end up happening and it went terribly wrong.
Shortly after the first drug was administered, the doctor on site deemed the inmate unconscious and told them to move forward with the second and third drugs.  In short order the inmate started moving around, tried to sit up and screamed out.  As prison officials tried to figure out what was going on, they realized that his vein had burst and without knowing how much of the lethal drugs the inmate had received, decided to stop the execution.  The inmate ended up dying of a heart attack and the second execution was postponed.
In the wake of this tragedy the country has responded with renewed skepticism of the death penalty:

• The Denver Post called this “another blow for the death penalty.”
• The White house weighed in saying the execution was conducted “inhumanely.”
• Colorado Governor Hickenlooper said this might make people change their opinions about capital punishment.
• Some folks are wondering if this is the end of death penalty?

This is not the first time an execution has been botched.  In the last year, experiments with new drugs have led to inmates screaming out and convulsing on the table.  The inability to acquire drugs has also prompted some states to discuss reinstating other forms of execution such as the electric chair and firing squad.
It has also brought up the very issue of the death penalty as cruel and unusual punishment.  If drugs are acquired in secret and being used without any clue as to their effectiveness, can we call the execution pain free, safe or moral, or have we crossed the line into violating the 8^th amendment?  Is it not time for our nation and our state to stop and look at this unnerving amount of cruelty and decide if the whole immoral, unequal, and expensive system is worth it at all?
For more information on the Oklahoma Execution:
http://www.denverpost.com/breakingnews/ci_25658033/oklahoma-prepares-execution-2-inmates?source=rss

http://www.nytimes.com/2014/04/30/us/oklahoma-executions.html

May 1, 2014
DENVER – Why Marriage Matters Colorado, the broad coalition working to secure the freedom to marry for all committed couples, today recognized the one-year anniversary of the enactment of Colorado’s civil unions law, which went into effect on May 1, 2013. This milestone comes on the heels of oral arguments for the Utah and Oklahoma marriage cases before the U.S. 10^th Circuit Court of Appeals, based in Denver. The outcome in those cases could bring the freedom to marry to Colorado.
“While we applaud this anniversary as Colorado’s first step in protecting all families, we also knew that civil unions were just that – an important first step,” said Dave Montez, Executive Director of One Colorado, one of the lead organizations of Why Marriage Matters Colorado, along with ACLU of Colorado and Freedom to Marry. “With 61% of Coloradans behind the freedom to marry, we know that people understand that nothing compares to marriage in protecting couples and their families.”
Montez went on to cite the U.S. Supreme Court’s Windsor decision last June that provided federal recognition of married gay and lesbian couples. While not specifically addressing marriage nationwide, the decision nonetheless has led to several federal court rulings that found denying committed couples the freedom to marry is unconstitutional. Seventeen states plus Washington, D.C. now have the freedom to marry for same-sex couples.
“When civil unions took effect last May, we knew this law would extend many key protections to families like ours and that it was an important move forward,” said Sarah Musick, who entered into a civil union with her partner Erika in Colorado Springs last year. “However, there’s no substitute for marriage, which guarantees that we can be there for each other and our family during times of greatest need. Like thousands of other couples across our state, we simply want to be able to make a lifetime commitment to each other and be responsible for one another – in front of our own friends and family, here in the state we call home.”
“One year ago, I had the honor of officiating about a dozen civil union ceremonies the night this law first took effect in Colorado,” said Nathan Woodliff-Stanley, Executive Director of ACLU of Colorado. “I will never forget the faces, the emotions, the joy. But civil unions are still not marriage. As an ordained minister, I look forward to having the ability to marry loving, committed couples who belong together and deserve full equality under the law.”

Why Marriage Matters Colorado is broadening the dialogue with Coloradans about why marriage is important to same-sex couples and their families and why it is consistent with the values of liberty and freedom. More information on this statewide initiative – which is being spearheaded by leading statewide LGBT advocacy group One Colorado, ACLU of Colorado, and Freedom to Marry – can be found here: www.whymarriagematterscolorado.org