Tuesday, March 19, AD 2024 1:39am

American Bar Association Considering to Support Same Sex Marriage

The American Bar Association will be considering supporting same-sex marriage at their next meeting in San Francisco.

It urges state, territorial and tribal governments to eliminate laws restricting marriage between same-sex partners.

Supporters say the adoption of the measure would build on past ABA policies supporting protections for gay couples and their families. The House of Delegates in 2004 approved a recommendation opposing efforts to enact federal legislation preventing states from allowing same-sex marriage. “Everyone who worked on it is hopeful,” said Michele Kahn, a partner at Kahn & Goldberg who chairs a New York State Bar committee on gay rights. The State Bar in June 2009 came out in support of same-sex marriage, dropping its support of civil unions or domestic partnerships as alternative measures.

Kahn said so far no formal opposition has come forward against the measure.

What I find amazing is that there is no formal opposition.

I know a lot of pro-life and practicing Christian lawyers, how can this be?

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Christina
Christina
Wednesday, July 14, AD 2010 12:12am

There are a lot of pro-life doctors, too, yet the AMA and the ACOG are officially pro-abortion. There are pro-life teachers, but nobody would ever know that if the NEA were the only voice of that profession.

It’s not about what the average professional wants. It’s about who is in power.

Christina
Christina
Wednesday, July 14, AD 2010 12:14am

There may well be formal opposition to this within the legal profession, but it may not be widely known.

restrainedradical
Wednesday, July 14, AD 2010 12:44am

You’d be surprised by how many pro-lifers are for gay marriage, especially among the young. I think polls bear that out. I’d suspect that there are more among lawyers. Today, even pro-choice lawyers will concede that Roe v. Wade was a weak decision. The legal case for gay marriage may be stronger. The government interest in preventing abortion is stronger than in banning gay marriage. If you separate procreation from marriage as we have done in the US, there’s little reason to ban gay marriage.

Roger
Wednesday, July 14, AD 2010 1:11am

Lawyers aren’t required to be members of the ABA to practice. So I oppose this kind of stuff the ABA does by simply not joining it.

G-Veg
G-Veg
Wednesday, July 14, AD 2010 3:56am

I’m a member of the ABA but haven’t a clue how to express “organized opposition.”

The ABA isn’t like the K of C. There aren’t any local monthly meetings in which policy is discussed. Instead, you are regularly invited to events like meet-and-greats or seminars – all useful to an aspiring lawyer but not a venue for expressing discontent with ABA support of particular political or social issues.

In other words, her statement seems to me to be a misrepresentation since it presumes that there is a venue for such discussion – that ABA members are asked whether they support same sex marriage policies or not. This simply isn’t so.

Donald R. McClarey
Admin
Wednesday, July 14, AD 2010 5:21am

The ABA is a completely voluntary association. About 29% of all American attorneys are members. I have never belonged simply because the ABA, like most professional associations in this country, has long been dominated by leftist activist members.

http://legaltimes.typepad.com/blt/2009/03/obama-brings-aba-back-inside-judicial-nominations-process.html

http://volokh.com/posts/1237317675.shtml

A good alternative for conservative attorneys is the Federalist Society.

http://www.fed-soc.org/aboutus/

Jay Anderson
Wednesday, July 14, AD 2010 8:45am

I agree with Don. The sort of lawyers who are strongly pro-life and opposed to same-sex marriage aren’t the sort of lawyers who would involve themselves in the ABA.

Mike Petrik
Mike Petrik
Wednesday, July 14, AD 2010 9:06am

I quit the ABA years ago. It has a terrific Tax Section that is very valuable to tax lawyers, but I could not stomach the lefty politics. Most tax attorneys lean conservative and ignore the liberal politics of the ABA. I just couldn’t take it. Unfortunately I do not believe that the Federalist Society has a tax section.

ctd
ctd
Wednesday, July 14, AD 2010 9:14am

Many of us left when it adopted a pro-abortion position in the early 90s. I had the privilege of resigning twice. My firm inadvertently re-enrolled us the year after I first resigned. I got the chance to write a second letter of protest and resignation.

Mike Petrik
Mike Petrik
Wednesday, July 14, AD 2010 10:18am

A very similar thing happened to me, ctd.

G-Veg
G-Veg
Wednesday, July 14, AD 2010 11:23am

I don’t disagree with the analysis of the ABA’s policy stances. Indeed, there are few law schools that are not as far Left. However, there is a caveat that need be stated: new lawyers cannot afford to paint targets on themselves by publicly stating their politics.

The Bush Administration was not the first to use the internet to vet CVs and resumes and will not be the last. The present administration – in all of its departments down to the lowest level that hires attorneys – looks for the writings and affiliations of applicants to determine whether the prospective attorney has the right “temperment” to be hired. This is true for non-profit and for-profit corporations as well. Certainly the law firms are doing the same.

Unless new attorneys wish to go right into their own practice – a choice that few can afford to make – newly minted lawyers should, in general, not donate money to campaigns, join organizations that betray their political leanings (e.g. like the Federalist Society or the St. Thomas Moore Law Society), or become active in local politics. They SHOULD join their local bar association, if nothing else than for the contact opportunities and in order to get notification of Continuing Legal Education opportunities. The ABA also provides these opportunities and the new lawyer ignores it at their own peril.

Some would say that this position suggests a lack of conviction. Such a view is short-sighted.

In order to have conservative judges, justices, prosecutors, and the like, there must first be lawyers that can find a job after passing the bar. Rashly putting one’s politics out there is foolish. I would even go so far as to say that first year law students should be advised by thier administrations to take down their social networking sites and adopt a pseudonym when commenting anywhere on the net.

Such is the world we live in.

Handmaiden
Handmaiden
Wednesday, July 14, AD 2010 12:30pm

Well since i am only a pre-baby lawyer i can’t say too much about the ABA. I haven’t joined the organization and my only dealings are with Model Rules. I agree with G-Veg. I am weary of the internet and posting my views until i figure out the job plan. I don’t want to burn bridges before I get into the practice.

Mike Petrik
Mike Petrik
Wednesday, July 14, AD 2010 12:39pm

I don’t know how to respond to B-Veg’s rather sober assesment as a general matter, but I will say that at my law firm (which has decidely more Dems than Repubs), we hire plenty of lawyers with STM Federalist Soc memberships on their resumes. Thankfully, very few of my lib partners are intolerant of conservatives and vice versa. We disagree plenty, but are seldom disagreeable about our differences. I have a hunch that this is true at many other large law firms, but can’t really for sure.

Mike Petrik
Mike Petrik
Wednesday, July 14, AD 2010 12:39pm

Very sorry for my clumsy typo, G-Veg.

John Henry
Wednesday, July 14, AD 2010 1:27pm

I think G-Veg outlines one of several possible approaches new lawyers can take. It really depends on the individual. As far as I know, my friends in both the Federalist Society and the American Constitution Society listed those affiliations on their resumes. I listed STM, but not FedSoc or (for obvious reasons) ACS. None of my classmates relayed any horror stories or uncomfortable conversations in the interview process as a result of listing those affiliations; although a fellow summer clerk said he had once been treated to a lengthy lecture by a left-leaning partner who saw FedSoc on his resume (and a swiftly sent rejection letter).

With regard to blogging and social networking, I think prospective new lawyers would be well-advised to make sure they monitor their Facebook pages, and comment under a pseudonym or handle of some type while blogging(although that may just be because I occasionally wish I could take back something I wrote, and wouldn’t want a prospective employer evaluating me based on that). Blogging and social networking are somewhat informal, and carry greater risks than a simple listing of membership on a resume.

j. christian
j. christian
Wednesday, July 14, AD 2010 1:48pm

I wish that “liberals” would actually be liberals and live up to the standards of their “coexist” bumper stickers. Aren’t they opposed to marginalization? Here we have the ABA marginalizing some lawyers; there we have the University of Illinois outright dismissing a professor. I just read a story in the local rag about eHarmony moving its corporate HQ out of Pasadena; the local hopenchangers are absoulutely giddy to be rid of that “homophobic” company.

Where’s the tolerance? Where’s the love, man??

c matt
c matt
Wednesday, July 14, AD 2010 4:08pm

I never have joined the ABA although they keep calling me every couple years to sign up. Why would I pay $$ to a group that supports abortion and now, apparently, gay marriage?

I just politely tell them I cannot join because of their pro-abort position. I guess I will now be able to add anti-marriage as well the next time they call.

Not being a member of the ABA hasn’t hurt my career at all. You are better off (at least as a litigator) joining groups like your local bar associations.

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