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spacer Former Georgia Attorney General Michael Bowers is scheduled to receive a Leadership Award from the Atlanta Bar Association, despite objections raised by the Stonewall Bar Association. (Photo by AP)
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Gay legal group blasts Atlanta Bar Association
Stonewall chides lawyers for honoring Bowers’ ‘hypocritical legacy’

By RYAN LEE
SEP. 15, 2006
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RYAN LEE

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Atlanta Bar Association
400 International Tower
229 Peachtree St. NE
Atlanta, GA 30303
404-521-0781
www.atlantabar.org

Stonewall Bar Association
P.O. Box 7708
Atlanta, GA 30357
www.stonewallbar.org

 

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A group of gay and lesbian lawyers is protesting the Atlanta Bar Association’s decision to honor former Georgia Attorney General Michael Bowers with an esteemed Leadership Award, arguing that Bowers’ most famous legal victory “is one of the most shameful [court decisions] of our era.”

In the 1986 U.S. Supreme Court case known as Bowers v. Hardwick, Bowers successfully defended Georgia’s anti-sodomy law against a challenge by Michael Hardwick, a gay man who was arrested inside his Atlanta apartment for engaging in consensual oral sex with another man. The 5-4 decision in Bowers v. Hardwick technically made it illegal to be a sexually active gay man or lesbian in Georgia, until the Georgia Supreme Court struck down the state sodomy law 12 years later.

The U.S. Supreme Court also reversed Bowers v. Hardwick with its 2003 ruling in Lawrence v. Texas.

“Thanks to [Bowers’] efforts, our community suffered through an additional two decades of discrimination based on the sodomy statues,” Lori Surmay, president of the gay Stonewall Bar Association, wrote in a Sept. 12 letter to Atlanta Bar Association President Richard Herzog.

“During that time, those statues were used commonly as an excuse to treat members of our community as second-class citizens, or worse,” Surmay wrote. “The conferral of the Leadership Award on Mr. Bowers devalues the award itself and undermines the judgment of the Atlanta Bar.”

Bowers is scheduled to be honored at the Atlanta Bar Association’s Leadership Awards Luncheon on Oct. 3, along with U.S. District Court Judge Orinda Evans, both of whom were selected by Herzog. The Leadership Award is bestowed upon local attorneys who “inspire by their example, challenge by their deeds, and remind us all of our debt to our profession and community,” according to the bar association, which cites some 6,300 members in the Atlanta area.

“I thought that Judge Evans and Mr. Bowers were both sort of overdue, and both continue to have long careers of leadership in the Atlanta legal community,” Herzog said during an interview Sept. 13.

During his 16-year tenure as attorney general, Bowers kept the state law department independent from an overbearing state legislature and executive branch, and had a reputation for hiring and promoting women and minority lawyers, Herzog said. Herzog consulted with a number of people before selecting Bowers, and said he didn’t expect the Stonewall Bar Association to respond to his decision with anger.

“I now understand the intensity of their feelings,” said Herzog, who met with Surmay before the Labor Day holiday. “I’m disappointed they’re taking this public stand, but I certainly understand where they’re coming from.

“That being said, I think Michael Bowers is a deserving honoree,” said Herzong, adding that the Leadership Awards luncheon will proceed as scheduled.

“I don’t see any middle ground in this situation, but [the Atlanta and Stonewall bar associations] do intend to continue working together on common goals and projects,” Herzog said.

‘Outrageous’ award

Surmay’s Sept. 12 letter to Herzog was written after her discussion with him, during which Herzog reiterated that Bowers would be honored. Stonewall Bar Association members believed they should formalize their objection via a meticulously sourced letter outlining their opposition to Bowers’ award, Surmay said.

“To honor that person as a role model seemed disappointing, it seemed surprising, and to some of our members it seemed outrageous,” said Surmay, who added that Stonewall Bar Association members have no further plans to express their objections.

In an interview Sept. 13, Bowers said he is honored to be recognized by the Atlanta Bar Association, despite objections raised by gay and lesbian lawyers.

“All I can tell you is I respect their views and their right to express their views — I respectfully disagree with them,” Bowers said. “My job [in Bowers v. Hardwick] was to defend state law, and I did that — I did it to the best of my ability and I make no excuse for that.”

In her original protest letter to Herzog, Surmay also blasted “the hypocrisy of Mr. Bowers in his determined effort to discriminate against Georgia’s citizens on the basis of sexual orientation.”

In 1991, Bowers rescinded an offer to Robin Shahar to work in the attorney general’s office after learning that Shahar was a lesbian who was planning to have a private, religious commitment ceremony with her partner. Bowers engaged in a protracted, successful legal battle — based significantly on the decision in Bowers v. Hardwick — arguing that Shahar was unfit to serve in the state’s law department because she was essentially violating the state sodomy law by being in a lesbian relationship.

In 1997, ...

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