Committed to ensuring that the Constitution’s guarantees of equal protection effectively protect all people from invidious discrimination, whether on account of race, gender, national origin, religion, alienage, or sexual orientation, the Boston Bar Association has signed on to an amicus brief arguing that classifications based on sexual orientation must be subjected to heightened scrutiny.
The brief, written by the ACLU and Edwards Wildman Palmer LLP, concerns two cases (Commonwealth of Massachusetts v. U.S. Dept. of Health and Human Services, et al. No. 10-2204, and Nancy Gill et al v. Office of Personnel Management et al., No. 10-2207) that involve a constitutional challenge to Section 3 of the federal Defense of Marriage Act (“DOMA”) being heard before the First Circuit. The decision of the BBA’s governing Council to join in the brief reinforces the BBA’s longstanding position on same-sex marriage, dating back to the BBA’s Amicus Brief filed in Goodridge v. Dept. of Public Health in 2002.