Shahar v. Bowers

114 F.3d 1097 (1997)

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Nature of the Case

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Facts

P is a woman who has 'married' another woman in a ceremony performed by a rabbi. According to P, though the State of Georgia does not recognize her 'marriage' and she does not claim that the 'marriage' has legal effect, she and her partner consider themselves to be 'married.' D is the Attorney General of the State of Georgia. D's responsibilities include enforcing the laws of the State by acting as a prosecutor in certain criminal actions; conducting investigations; representing Georgia, its agencies and officials in all civil litigation (including habeas corpus matters); and providing legal advice (including advice on the proper interpretation of Georgia law) to Georgia's executive branch. In September 1990, D offered P the position of Staff Attorney when she graduated from law school. P accepted the offer and was scheduled to begin work in September 1991. P openly planned a 'Jewish, lesbian-feminist, outdoor wedding.' The ceremony took place in a public park in South Carolina in June 1991. In November 1990, P filled out the required application for a Staff Attorney position and filled in her partner's name: 'Francine M. Greenfield future spouse.' People in the office knew about the planned marriage. P told Deputy Attorney General Robert Coleman that she was getting married at the end of July, changing her last name, taking a trip to Greece and, accordingly, would not be starting work with the Department until mid-to-late September. P did not say that she was 'marrying' another woman. When D found out, the revelation caused a stir. D withdrew P’s offer of employment. On grounds that it would amount to the office’s approval of same sex marriage, which was not lawful at the time. P sued D on constitutional grounds of association and equal protection and substantive due process. The court granted summary judgment and P appealed.