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Under laws such as this, the ACLU and its state affiliates sometimes share in monetary judgments against government agencies.In 2006, the Public Expressions of Religion Protection Act sought to prevent monetary judgments in the particular case of violations of church-state separation. The affiliates operate autonomously from the national organization; each affiliate has its own staff, executive director, board of directors, and budget.In the twenty-first century, the ACLU has fought the teaching of creationism in public schools and challenged some provisions of anti-terrorism legislation as infringing on privacy and civil liberties.Fundraising and membership spiked after the 2016 election; the ACLU's current membership is more than 1.2 million.

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Current positions of the ACLU include: opposing the death penalty; supporting same-sex marriage and the right of LGBT people to adopt; supporting birth control and abortion rights; eliminating discrimination against women, minorities, and LGBT people; supporting the rights of prisoners and opposing torture; and opposing government preference for religion over non-religion, or for particular faiths over others.In particular, the Civil Rights Attorney's Fees Award Act of 1976 leaves the government liable in some civil rights cases.Fee awards under this civil rights statute are considered "equitable relief" rather than damages, and government entities are not immune from equitable relief.Legally, the ACLU consists of two separate but closely affiliated nonprofit organizations: the American Civil Liberties Union, a 501(c)(4) social welfare group, and the ACLU Foundation, a 501(c)(3) public charity.Both organizations engage in civil rights litigation, advocacy, and education, but only donations to the 501(c)(3) foundation are tax deductible, and only the 501(c)(4) group can engage in unlimited political lobbying.




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