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Civil Rights & Civil Liberties

“To protect that right, every unjustifiable intrusion by the government upon the privacy of the individual, whatever that means employed, must be deemed a violation of the Fourth Amendment.” – Justice Louis D. Brandeis, Olmstead v. U.S. 438, 478 (1928)

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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The Issues

  • Privacy

    As data collection and information networks expand, data security and privacy issues are increasingly a central part of the legal landscape.  Legislators, regulators, businesses and lawyers are under increasing pressure to draft and implement effective laws, regulations, and security and privacy programs under rapidly changing technological, business and legal conditions. 

  • Same-Sex Marriage
    • The BBA believes that civil marriage is a basic civil rights issue fundamental to the freedoms and privileges guaranteed by the 14th amendment.  In recent years, the BBA has taken other actions in support of same-sex marriage, including:
    • In 2002, we filed an independent amicus brief in support of same-sex couples seeking the right to marry in Goodridge v. Dept. of Public Health. In the brief, we argued that denying civil marriage licenses violated the Massachusetts Constitution.
    • In 2005, we drafted a brief supporting the position of Gay and Lesbian Advocates and Defenders (GLAD) in Cote-Whiteacre v. Dept. of Pub Health. We argued that the 1913 statute, which prevents non-resident couples from marrying in Massachusetts if that marriage would be void in their home state, was unconstitutional.
  • Death Penalty

    The BBA has repeatedly opposed legislation that would reinstitute capitol punishment and filed an amicus brief in Commonwealth v. Colon-Cruz. Our arguments point to flaws in the justice system, the death penalty's disproportionate effect on minority populations, and its failure to deter violent crime, and the fallibility of the justice system

  • See More of Our Work

    For more information or to learn how to get involved, please email Kathleen Joyce, Director of Government Relations, at kjoyce@bostonbar.org.