ACLU Statement on SB 418

"IN ORDER TO SAVE THE FEMALE GENITAL MUTILATION BILL, PLEASE VOTE TO DISAGREE WITH THE HOUSE SUBSTITUTE
The House amendment to SB 418 implemented an unconstitutional provision that threatens the bill. Please vote to disagree with the House Substitute so that the bill can survive an inevitable court challenge. The House amendment to SB 418 prohibits piercing of female genitalia. The bill, however, permits males to get genital piercings. Prohibiting piercings on the basis of gender violates the Equal Protection Clause of the United States Constitution. The Equal Protection Clause guarantees that the government will treat similarly situated people will be treated the same. This is fundamental to equality in America. It means that people can not be classified by race or gender. According to the Supreme Court, the State may not create a classification on the basis of gender unless “the classification serves important governmental objectives and . . . the discriminatory means employed are substantially related to the achievement of those objectives.” United States v. Virginia, 518 U.S. 15 (1986); Nguyen v. INS, 121 S.Ct. 2053, 2059 (2001). The piercing amendment cannot meet this requirement. There is no justification to explain why women should not be able to pierce their bodies but men should be allowed to do so. In times when the state is already in a budget crisis, this legislature should avoid potential costly legal challenges. If this legislation is passed with this amendment, the State will likely have to pay thousands of dollars to defend the statute. To avoid a costly legal battle, disagree with the House amendment."

-Maggie Garrett, American Civil Liberties Union