Mary Bonauto
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Mary L. Bonauto (born June 8, 1961) is an American
lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
and
civil rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of ...
advocate who has worked to eradicate discrimination based on
sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
and
gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the i ...
, and has been referred to by US Representative
Barney Frank Barnett Frank (born March 31, 1940) is a former American politician. He served as a member of the U.S. House of Representatives from Massachusetts from 1981 to 2013. A Democrat, Frank served as chairman of the House Financial Services Committee ...
as "our
Thurgood Marshall Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-A ...
." She began working with the
Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
-based Gay & Lesbian Advocates & Defenders, now named
GLBTQ Legal Advocates & Defenders GLBTQ Legal Advocates & Defenders (GLAD) is a non-profit legal rights organization in the United States. The organization works to end discrimination based on sexual orientation, HIV status, and gender identity and expression. The organization p ...
(GLAD) organization in 1990.''New York Times''
"Toward a More Perfect Union," May 5, 2004
accessed June 29, 2010
A resident of
Portland, Maine Portland is the largest city in the U.S. state of Maine and the seat of Cumberland County. Portland's population was 68,408 in April 2020. The Greater Portland metropolitan area is home to over half a million people, the 104th-largest metropol ...
, Bonauto was one of the leaders who both worked with the
Maine Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and north ...
legislature to pass a
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
law and to defend it at the ballot in a narrow loss during the 2009 election campaign. These efforts were successful when, in the 2012 election, Maine voters approved the measure, making it the first state to allow same-sex marriage licenses via ballot vote. Bonauto is best known for being lead counsel in the case ''
Goodridge v. Department of Public Health ''Goodridge v. Dept. of Public Health'', 798 N.E.2d 941 ( Mass. 2003), is a landmark Massachusetts Supreme Judicial Court case in which the Court held that the Massachusetts Constitution requires the state to legally recognize same-sex marriage ...
'' which made Massachusetts the first state in which same-sex couples could marry in 2004. She is also responsible for leading the first strategic challenges to section three of the
Defense of Marriage Act The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton. It banned federal recognition of same-sex marriage by limiting the definition of marr ...
(DOMA). On April 28, 2015 Bonauto was one of three attorneys who argued before the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in ''
Obergefell v. Hodges ''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protect ...
'' arguing state bans on same-sex marriage to be unconstitutional. This much-publicized case determined that state bans against same-sex marriage are unconstitutional and is considered one of the most important civil rights cases which came before the U.S. Supreme Court in modern history.


Biography

Bonauto was born in 1961 and grew up in
Newburgh, New York Newburgh is a city in the U.S. state of New York, within Orange County. With a population of 28,856 as of the 2020 census, it is a principal city of the Poughkeepsie–Newburgh–Middletown metropolitan area. Located north of New York City, a ...
in a
Roman Catholic Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of ancient Rome *'' Epistle to the Romans'', shortened to ''Romans'', a lette ...
family. She graduated from
Hamilton College Hamilton College is a private liberal arts college in Clinton, Oneida County, New York. It was founded as Hamilton-Oneida Academy in 1793 and was chartered as Hamilton College in 1812 in honor of inaugural trustee Alexander Hamilton, following ...
and
Northeastern University School of Law Northeastern University School of Law (NUSL) is the law school of Northeastern University in Boston, Massachusetts. Founded as an evening program to meet the needs of its local community, NUSL is nationally recognized for its cooperative legal ed ...
. In 1987, after graduating from law school, she entered private practice in Maine, where she was at the time one of three openly
gay ''Gay'' is a term that primarily refers to a homosexual person or the trait of being homosexual. The term originally meant 'carefree', 'cheerful', or 'bright and showy'. While scant usage referring to male homosexuality dates to the late 1 ...
private practice lawyers in the state. She lives in Portland with her spouse Jennifer Wriggins, who is a professor at the
University of Maine School of Law The University of Maine School of Law (UMaine Law or Maine Law) is public law school in Portland, Maine. It is accredited by the American Bar Association and Maine's only law school. It is also part of the University of Maine System. The school's ...
. The couple were married in Massachusetts.''
Portland Press Herald The ''Portland Press Herald/Maine Sunday Telegram'' is a morning daily newspaper with a website that serves southern Maine and is focused on the greater metropolitan area around Portland, Maine, in the United States. Founded in 1862, its roots e ...
''
"Mainer challenging U.S. Defense of Marriage Act," May 2, 2010
accessed June 29, 2010
They have twin daughters. Bonauto has litigated widely in areas such as job and public accommodations discrimination, securing
domestic partner A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee ...
benefits and relationship protections, establishing second parent rights and de facto parent status, vindicating
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and rec ...
protections, and challenging anti-gay harassment and violence. She has worked on public policy in all six New England states, and occasionally writes for legal publications. Bonauto filed her first marriage case in
Vermont Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to ...
in July 1997.
Yale University Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the wo ...
awarded its 2010-2011 Brudner Prize, which recognizes "an accomplished scholar or activist whose work has made significant contributions to the understanding of
LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term is a ...
issues or furthered the tolerance of LGBT people," to Bonauto. In 2011, Bonauto was named one of the ''50 most-powerful women in Boston'' by ''
Boston Magazine ''Boston'' is a monthly magazine concerning life in the Greater Boston area and has been in publication since 1805. History and profile ''Boston'' magazine was started in 1805. Metrocorp, Inc. bought the magazine in 1970. The company also owns ...
''. In 2012, she was named by Equality Forum as one of their 31 Icons of the
LGBT History Month LGBT History Month is an annual month-long observance of lesbian, gay, bisexual and transgender history, and the history of the List of LGBT rights by region, gay rights and related civil rights movements. It was founded in 1994 by Missouri high- ...
. In March 2013, Roberta Kaplan, the lawyer arguing for DOMA repeal in the Supreme Court, told the ''
New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
'', "No gay person in this country would be married without Mary Bonauto." Former US Representative
Barney Frank Barnett Frank (born March 31, 1940) is a former American politician. He served as a member of the U.S. House of Representatives from Massachusetts from 1981 to 2013. A Democrat, Frank served as chairman of the House Financial Services Committee ...
, said "She's our
Thurgood Marshall Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-A ...
." In June 2013 immediately following the DOMA Supreme Court decision, she was called in Slate a "Gay Marriage Hero" and "the legal architect of the DOMA repeal." She was named a
MacArthur fellow The MacArthur Fellows Program, also known as the MacArthur Fellowship and commonly but unofficially known as the "Genius Grant", is a prize awarded annually by the John D. and Catherine T. MacArthur Foundation typically to between 20 and 30 ind ...
in September 2014 for her work "breaking down legal barriers based on sexual orientation". In May 2016, she was awarded an honorary Doctor of Laws by
Harvard University Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher le ...
for "establishing the freedom to marry for same-sex couples nationwide".


Work on same-sex marriage


Vermont

In 1997, Bonauto, on behalf of GLAD, along with
Beth Robinson Beth Robinson (born March 6, 1965) is an American lawyer and judge from Vermont. She is a United States circuit judge of the United States Court of Appeals for the Second Circuit and is the first openly lesbian judge to serve on any Circuit Court ...
and Susan Murray, filed a lawsuit in Vermont on behalf of three couples seeking the freedom to marry: Stacy Jolles and Nina Beck; Stan Baker and Peter Harrigan; and Holly Puterbaugh and Lois Farnham. The suit, ''Baker v. State of Vermont'' was ultimately appealed to the
Vermont Supreme Court The Vermont Supreme Court is the highest judicial authority of the U.S. state of Vermont. Unlike most other states, the Vermont Supreme Court hears appeals directly from the trial courts, as Vermont has no intermediate appeals court. The Court ...
, which ruled in the couples' favor but invited the
Vermont Legislature The Vermont General Assembly is the legislative body of the state of Vermont, in the United States. The Legislature is formally known as the "General Assembly," but the style of "Legislature" is commonly used, including by the body itself. The G ...
to legislate a solution. In the spring of 2000, the Vermont Legislature enacted
civil unions A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
, which extended to same-sex couples all of the state-level benefits of marriage but in a different system from marriage itself.


Massachusetts

GLAD led by Bonauto filed suit in Massachusetts on behalf of seven gay and lesbian couples denied the freedom to marry in 2001. In the case, known as ''Goodridge v. Department of Public Health'', the
Massachusetts Supreme Judicial Court The Massachusetts Supreme Judicial Court (SJC) is the court of last resort, highest court in the Commonwealth (U.S. state), Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the di ...
on November 18, 2003 became the first state high court to rule that excluding gay people from civil marriage violates equal protection guarantees. Same-sex couples began marrying on May 17, 2004. The November 2003 ruling was contested politically for a number of years, but in June 2007, more than three-fourths of the state legislature voted to reject any proposal to amend the state constitution and reverse the Goodridge decision.


Connecticut

In August 2004, GLAD, including Bonauto, filed suit in
Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...
on behalf of seven gay and lesbian couples who wished to marry. The Connecticut legislature responded by passing a civil union law the next year. On May 14, 2007 GLAD attorney Bennett Klein, joined by Bonauto, argued for the couples in the
Connecticut Supreme Court The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the supreme court, highest court in the U.S. state of Connecticut. It consists of a Chief Justice and six Associate Justices. The seven justices sit in ...
. On October 10, 2008 GLAD won a ruling that it was unjustified discrimination to place same-sex couples in the separate and lesser status of civil unions, and that sexual orientation was a "quasi-suspect" classification for equal protection purposes.


Maine

In 2009, Maine became the first state to pass a same-sex marriage law through the legislature, instead of through the court system, and also have it signed into law by the Governor. Bonauto was instrumental in the campaign to enact the law, and was the architect of an unprecedentedly large public hearing on April 22, 2009, where proponents and opponents presented their arguments. After the law was passed, a "people's veto" referendum campaign was begun and the voters overturned the law in November 2009, by a 53-47 margin. In the wake of this veto, Mary Bonauto was a leader in the coalition that came together to run a two-year public education campaign, that led in January 2012 to a direct ballot vote on the issue. On November 6, 2012 voters confirmed the right of same-sex couples to receive a marriage license, the law taking effect on December 29, 2012, becoming the first state to do so by ballot vote.


''Obergefell v. Hodges''

In March 2015, lawyers preparing to argue a consolidation of the Supreme Court cases titled ''Obergefell v. Hodges'' selected Bonauto to argue on behalf of the Michigan case ''
DeBoer v. Snyder ''DeBoer v. Snyder'' is a lawsuit that was filed by April DeBoer and Jayne Rowse on January 23, 2012 in federal district court, challenging Michigan's ban on adoption by same-sex couples so they can jointly adopt their children. In August 2012, J ...
'' and the Kentucky case ''
Love v. Beshear Love encompasses a range of strong and positive emotional and mental states, from the most sublime virtue or good habit, the deepest interpersonal affection, to the simplest pleasure. An example of this range of meanings is that the love o ...
''. On June 26, 2015 the Supreme Court ruled in favor of Bonauto and the plaintiffs thus declaring all state bans on same-sex marriage unconstitutional.


DOMA


''Gill v. Office of Personnel Management''

In March 2009, Bonauto and GLAD, along with co-counsel from Foley Hoag, Jenner & Block, and Sullivan & Worcester, filed in U.S. District Court in Boston a lawsuit challenging the constitutionality of section 3 of the
Defense of Marriage Act The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton. It banned federal recognition of same-sex marriage by limiting the definition of marr ...
(DOMA). The case claims that the federal definition of marriage created by DOMA to exclude married same-sex couples from all federal marital protections violates equal protection guarantees. U.S. District Judge Joseph L. Tauro heard oral arguments from Bonauto and co-counsel on the merits of the case on May 6, 2010. On July 8, 2010, Judge Tauro ruled that Section 3 of DOMA is unconstitutional with respect to claims brought by the seven married same-sex couples and three widowers from Massachusetts GLAD is representing in the case. The Department of Justice will now decide whether to appeal the ruling. On October 12, 2010 the Department of Justice filed a notice to appeal the District Court ruling. On May 31, 2012 the U.S. Court of Appeals for the First Circuit upheld the District Court decision finding section 3 of DOMA unconstitutional. In July 2012 the Department of Justice filed a petition for certiorari in the United States Supreme Court but the petition was denied in the wake of the Court's landmark decision in ''
United States v. Windsor ''United States v. Windsor'', 570 U.S. 744 (2013), is a landmark United States Supreme Court civil rights case concerning same-sex marriage. The Court held that Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition o ...
'' that Section 3 of DOMA was unconstitutional.


''Pederson v. Office of Personnel Management''

On November 9, 2010 Bonauto and GLAD filed a second major, multi-plaintiff lawsuit challenging the constitutionality of the federal Defense of Marriage Act (DOMA) Section 3. The case specifically addressed married couples in Connecticut, Vermont and New Hampshire. On July 31, 2012 the Connecticut Federal District Court Judge Bryant ruled that DOMA is unconstitutional.GLAD
"Pederson v. Office of Personnel Management"
, accessed April 3, 2015
On June 26, 2013 the U.S. Supreme Court ruled DOMA Section 3 unconstitutional in ''
United States v. Windsor ''United States v. Windsor'', 570 U.S. 744 (2013), is a landmark United States Supreme Court civil rights case concerning same-sex marriage. The Court held that Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition o ...
''.


See also

*
EqualityMaine EqualityMaine (formerly the Maine Lesbian/Gay Political Alliance) is Maine's oldest and largest lesbian, gay, bisexual, and transgender political advocacy organization. Their mission, outlined on the organization's website is to "secure equality ...


References


External links


Biography at northeastern.edu

Chris Geidner, "How One Lawyer Turned The Idea Of Marriage Equality Into Reality," November 17, 2013, ''BuzzFeed Politics''

MacArthur Foundation Profile
{{DEFAULTSORT:Bonauto, Mary 1961 births Living people Lawyers from Portland, Maine LGBT people from Maine Lesbians Hamilton College (New York) alumni Northeastern University School of Law alumni American LGBT rights activists American civil rights lawyers Place of birth missing (living people) LGBT people from New York (state) MacArthur Fellows People from Newburgh, New York American women lawyers LGBT lawyers Activists from New York (state) Activists from Portland, Maine