The American Civil Liberties Union was formerly known for its principled stance on civil liberties. But today, it has become a group dominated by progressive ideologues. Illustrations of this shift are numerous, but a recent tweet about the death penalty is likely among the best. Not only does it show just how out-of-touch the ACLU is with the rest of the country, but it is also a masterclass in how not to campaign against the death penalty.
Here’s the story: On Saturday, the ACLU posted a graphic on Twitter reading “Florida has executed Duane Owen,” along with a caption saying “The state of Florida never provided medically necessary gender-affirming care to Duane Owen — causing her enormous suffering and violating her right to be free from cruel and unusual punishment for the more than 30 years she was in state custody.”
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It continued, “In legal papers she drafted, Owen wrote that she 'should be accorded the 'essence of human dignity' and be allowed to become 'who she was meant to be' before her death.”
The angle the ACLU is taking is clear: Duane Owen is a victim of the state’s “racist” and “unfair” death penalty policy, as well as the state's inhumane decision on “gender-affirming care.”
The only issue with this line is … everything.
In 1984, Owen raped and murdered two people — a 14-year-old girl and a 38-year-old mother. Owen never argued in court that he did not commit the crime. Rather, Twitter’s community notes point out that “Owen's lawyers argued insanity. Psychiatrists for the state testified Owen faked schizophrenia and had no signs of gender dysphoria. His records indicate he exhibits sexual sadism.” There is a reason CNN is using male pronouns when referring to Owen. To top it off, the ACLU revived the claim that the death penalty is “racist,” even though Owen is white.
On every level, this is a disaster of an argument — if you can even call it that.
For starters, acting like monsters are actually victims is both morally perverse and a bad PR move. The people who get sentenced to death are convicted of doing the most heinous crimes imaginable in the most heinous ways imaginable. As such, in theory, it is perfectly just to put them to death. Sixty-four percent of Americans say it is moral to put someone to death for murder.
Also, it is revealing to see the ACLU apparently believes appealing to Owen’s alleged gender dysphoria would generate sympathy for him — especially considering there is no indication his claims are sincere. Most Americans will hold a transgender person, or someone with gender dysphoria, to the same standards they would hold anyone else. So, in his case, they would still look at him as the barbarian he is.
However, in progressive spaces, this is evidently not the case. For them, if one is part of an oppressed class, then moral standards change. Because the ACLU is now nothing more than another progressive non-profit organization, it is no surprise it adopted this backward and simplistic philosophy as well.
This is not to say there aren’t sound arguments against the death penalty. There certainly are. And, in practice, they may override theoretical moral justifications for the death penalty.
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For example, all studies show the death penalty costs more than life imprisonment because of all the difficulties associated with its “complexity, length, and finality.” As such, those concerned with government spending may oppose it. Additionally, our justice system is not 100% accurate when it comes to identifying who is guilty. Consequently, it is reasonable to think some innocent people will be killed, which is unjust.
But the idea that we should oppose the death penalty because we feel bad for murderers and rapists is crazy. That the ACLU believes most Americans would identify with that message, however, is even crazier.
Jack Elbaum is a summer 2023 Washington Examiner fellow.