The ABA House of Delegates approved as new policy a measure that embraces multiple principles embracing democracy and the rule of law, and another that expresses ABA opposition against government actions that require the display of the Ten Commandments in public schools. Both actions were taken in a two-day session Aug. 5-6 that concluded the 2024 ABA Annual Meeting.
August 06, 2024 Annual Meeting
House of Delegates adopts a host of new policies
Altogether, the policymaking House, known as the HOD, worked through about four dozen resolutions that also addressed gender-affirming laws, renewed support for the Equal Rights Amendment and a host of new policies advocating for human rights in countries around the world. The HOD encompasses 590 delegates from ABA entities and state, local and specialty bar associations.
Resolution 801 covers many prior ABA policies but as speaker Paul Smith, a Washington, D.C., lawyer said, fills in a “few gaps.” He said it was a “very succinct statement” reflecting principles “we all should be committed to as Americans and particularly as American lawyers.”
The resolution essentially adopts the “Statement of Principles to Preserve, Protect and Defend the Constitution, the Rule of Law and American Democracy” spelled out by the Society for the Rule of Law. It also reflects much of the work of ABA Task Force for American Democracy, which has been working to expose and combat perceived threats to the cornerstones of our democratic form of government.
During Monday’s debate, California lawyer Mark Schickman said that there are scores of versions of the Ten Commandments circulating, and he did not “want the great state to fill in the blanks” to tell public school children which version should be followed.
“We as the ABA need to tell governmental leaders that we need not accept it,” he said, adding that “a school child should not feel alienated in their own classroom.”
The opposition to the posting of the Ten Commandments in public schools follows action by Louisiana, which earlier this year became the first state to require it. Resolution 503 establishes as ABA policy opposition to any legislation that permits or requires such a display as well as urging repeal of any existing laws. The resolution also opposes any moves by public schools “to employ, or accept as volunteers, chaplains to provide student support services when such individuals are not certified to provide such services.”
On Monday, the HOD also registered ABA opposition to laws restricting gender-affirming care that typically target transgender, nonbinary and gender-expansive youth and their access to age-appropriate, medically necessary care. Across the country, legislators have pushed aside recommendations of medical professionals and introduced bills that would limit such care. Resolution 510 urged the enactment of laws that would protect access to medical treatment and allow health care professionals to provide such care.
Other resolutions adopted during the meeting include:
- Resolution 601, which reiterated the association’s support for making the Equal Rights Amendment (ERA) as the 28th amendment to the U.S. Constitution. While the ABA policy now supports enactment of the ERA, the measure is the first since Virginia became the necessary 38th state to support the ERA in early 2020.
- Resolution 512, which urges Congress to establish a National Human Rights Institution. Other human rights resolutions approved relate to assisting the Hazara people who face atrocities in Afghanistan (501); promoting Taiwan as a member of the international system (700); and supporting inquiries on the question of genocide, crimes against humanity and other human rights violations in Tibet (502).
- Resolution 507, which urges governmental units to enact laws, adopt regulations and policies and to support private programs and practices that alleviate the burden of medical debt for medically necessary care on patients and families. Speakers said these measures would limit abusive collection techniques directed at individuals and families with medical debt.
- Resolution 504, which seeks repeal of remaining provisions of the 19th century Comstock Act, which prohibits the mailing of things designed to produce abortion and could be interpreted to cover mailing of a range of sexually oriented materials. Speaker Wendy Mariner of Massachusetts called the act “dangerous,” adding “a free country does not need a 19th century morals police.”
The entire list of proposed resolutions, including HOD action and some videos, is here. HOD proposals do not become ABA policy until approved by the House, which meets twice annually. The next HOD meeting is scheduled for early February 2025 in Phoenix.