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.

Boston Bar Joins in Support of Striking Down DOMA

Underscoring its long-standing support for marriage equality, the Boston Bar Association has announced its role as a signatory in amicus briefs in two cases now before the Supreme Court of the United States: United States v. Windsor and Hollingsworth v. Perry. In both instances the BBA has joined a coalition of bar associations and civil and human rights groups, and public interest and legal services organizations.

While dozens of amicus briefs have been filed in both cases, each offers its own perspective. In the case of the BBA, the briefs it signed urge the Court to "hold that sexual orientation classifications are subject to heightened scrutiny."

In both briefs, the amici urge the Court to presume the "unequal treatment is based on deep-seated prejudice or baseless stereotypes and requires a more searching review of the actual grounds for the discrimination to prevent governments from justifying it with post hoc rationales."

The briefs were drafted on behalf of the coalition by Jonathan S. Franklin of Fulbright & Jaworski's office in Washington, D.C.

The Boston Bar Association's support for marriage equality dates back to 2002 when it filed an amicus brief in Goodridge, the Massachusetts case which resulted in the MA Supreme Judicial Court overturning the prohibition against same sex marriage in the Bay State.

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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.