Public Policy > Our Policy Positions

Our Policy Positions

Our Positions

  • Access to Justice

    Access to justice means ensuring adequate funding for both civil legal services for the poor and for the courts, so that those who need to turn to the justice system to protect their rights or resolve their disputes will find the sufficient staff and resources to assist them.

  • Criminal Justice

    The BBA believes that the primary concern of a criminal justice system should be promoting public safety and ensuring fair treatment for all citizens. In pursuit of this goal, the BBA has a long history of advocating for policies which are consistent, fiscally responsible and guarantee that the administration of justice in Massachusetts is impartial.

  • Civil Rights & Civil Liberties

    The Massachusetts Constitution — the nation's first and oldest — stands as a beacon for fair and equal treatment under the law for every citizen. It is fitting, then, that the BBA has a long record of voicing opposition to and mobilizing resources against threats to civil rights and civil liberties. Our work in this area spans affirmative action, the right to vote, and same-sex marriage. It also includes the right to privacy, freedom of speech, the balance between liberty and security.

  • Practice of Law

    The BBA inspires the vigorous pursuit of ideas, critical analysis and civic engagement in order to advance the practice of law as a business and a profession and has always worked to integrate opportunities for dynamic change and to exercise judgment and creativity in offering solutions for problems.

  • Children & Families

    The BBA is attentive to legislative matters regarding the care, protection, and support of children, as well as other family-related legal issues. Our vibrant Family Law Section frequently concerns itself with procedural and administrative matters relating to the Probate and Family Court and maintains a continuing dialogue with its judges.

SCOTUS to Hear Same-Sex Marriage Cases

The BBA applauds the Justices of the United States Supreme Court for recently granting certiorari to challenges to the federal Defense of Marriage Act (DOMA) and California’s Proposition 8. Because of our long-standing support of same-sex marriage, the BBA will continue to watch with interest as this issue progresses in Washington. 

The BBA’s first supported marriage equality in 2002 with the independent filing of an amicus brief in the landmark Goodridge v. Department of Public Health.  In 2004, the Massachusetts Supreme Judicial Court issued its ruling in the Goodridge case stating that barring a same-sex couple from marriage constituted discrimination against gays and lesbians.  Consistent with our position in Goodridge, in 2005 the BBA independently filed another amicus brief in the case Sandra and Roberta Cote-Whitacre et al. v. Department of Public Health et al.  The BBA’s brief challenged the Department of Public Health’s enforcement of M.G.L. c. 207, sec. 11-12 to prevent city and town clerks from issuing marriage licenses to same-sex couples residing in other states.

Most recently in November 2011, the BBA signed onto an amicus brief drafted by the American Civil Liberties Union and Edwards Wildman Palmer LLP concerning two cases – Commonwealth of Massachusetts v. U.S. Dept. of Health and Human Services, et al. and Nancy Gill et al. v. Office of Personnel Management et al. – that challenge the constitutionality of Section 3 of DOMA heard before the First Circuit.  In May 2012, the U.S. Court of Appeals for the First Circuit agreed that Section 3 of DOMA is unconstitutional. 

Back to All News
Want to see more of what we do? View the BBA's Public Policy Archive here.



As a well-known innovator and opinion leader, the BBA is at the forefront of promoting justice and improving access to the legal system in Massachusetts. The Business Litigation Session of the Superior Court, the Uniform Probate Code, and our successful argument asserting the First Amendment rights of private parties, including bar associations, found in the R.E.B.A. v. N.R.E.I.S amicus brief are just three of the positive changes we have helped make a reality.