AUSTIN?The American Civil Liberties Union and other civil rights organizations celebrated today's victory in a lawsuit brought by a small municipal utility district (MUD) in Austin challenging a key section of the Voting Rights Act of 1965, the landmark federal law that ended the exclusion of African Americans from voting booths throughout the south. A decision of a three judge panel for the U.S. District Court for the District of Columbia in NW Austin Municipal Utility District v. Gonzales soundly rebuffed the district's request to have Section 5 declared unconstitutional.

Section 5 of the Voting Rights Act requires certain jurisdictions that have a history of racial discrimination in voting to obtain advance approval from the federal government before changing their election laws. Congress overwhelmingly approved the reauthorization of the Voting Rights Act in the summer of 2006 and President Bush signed it into law.  Yet in a direct challenge to this crucial civil rights law, the Austin utility district asked a federal court to declare that Section 5 is unconstitutional. The ACLU is representing an African American voter who lives in Northwest Austin Municipal Utility District Number One, which filed the lawsuit in Washington, D.C., as required by federal rules.

"As we predicted, the court looked to the extensive legislative record indicating that despite significant progress since 1965, Section 5 remains an important tool for remedying and deterring ongoing discrimination," said Laughlin McDonald, Director of the ACLU's Voting Rights Project. "The court concluded that there is ?no constitutional basis' to reject Congress's decision to extend the statute and we agree."

"As we enter another election season, it is crucial that voting rights protections like Section 5 preclearance requirement remain in place," said Lisa Graybill, Legal Director for the ACLU of Texas. "The danger of minority disenfranchisement persists, and every Texan has the right to have his or her vote count. Section 5 is an important part of ensuring this right is protected."

Jeremy Wright of Kator, Parks and Weiser PLLC, cooperating attorney for the ACLU of Texas, said "Texans overwhelmingly support the Voting Rights Act, and we are pleased to see the court affirm this important provision."

To view the court's decision, click the PDF link below.