The MBA has drawn criticism from the Massachusetts Lesbian and Gay Bar Association (MLGBA) for its decision to honor Rogers, the influential House Ways and Means chair, as its Legislator of the Year, due to his lead sponsorship of House Bill 3375, which would outlaw legal recognitions for same-sex couples. The bill, dubbed "SuperDOMA" by gay activists, is currently stalled in a House committee. Rogers filed similar legislation in 1998.
MLGBA co-chair Michael Mason told Bay Windows that his organization, in discussions with the MBA Executive Committee - which includes MBA President Carol DiMento, General Counsel Martin Healy and Executive Director Abigail Shaine - had requested that the MBA reconsider honoring Rogers or naming a co-awardee who holds more moderate stances on gay issues. In the past, the MBA has named co-recipients of the award. "The MBA Executive Committee refused after discussion to consider that as an alternative," said Mason, adding, "What was expressed to me was that it would be difficult to go to Chairman Rogers and retract the award- that was kind of obvious - and they were displeased with the extent of the pressure that was brought to bear on them and were not comfortable responding to that."
DiMento stood by the MBA's selection of Rogers in a Jan. 7 mailing to MBA members, saying he was chosen in spite of his sponsorship of the Defense of Marriage Act, not because of it. "The MBA does not use a litmus test as a tool in selection of its Legislator of the Year honorees," she wrote, noting that the MBA recognizes that active legislators take some positions with which the MBA sometimes disagrees. "The MBA measures legislators by their overall cooperation with us in their approach to legislation in which we have an interest and on which we have taken a position." The MLGBA claims the award was handed to Rogers through a flawed selection process and had less to do with his legislative achievements than with political maneuvering.
"Let's face it," said Mason. "The reason they chose him for this award is because he's a power broker."
In an e-mail to Bay Windows, MBA Communications Director Bill Weber rejected that claim, stating Rogers' selection was based on the lawmaker's "extended public service, his long history of cooperation with the MBA's legislative efforts and his past support of beneficial Court-related and Bar-related legislation."
In response to the MBA's stance, the three hundred member MLGBA adopted a resolution denouncing Rogers' selection as Legislator of the Year, and sent a letter detailing their position on Rogers and the MBA's decision to MBA leadership. But MLGBA members such as Joseph Barri and Vin McCarthy, both senior partners at Hale and Dorr, one of Boston's largest law firms, decided to take further action, notably by communicating the MLGBA's concerns about Rogers and his support for anti-gay legislation to Gore, who up until recently had been confirmed to speak at the dinner, and asking her not to attend. Gore's scheduled appearance at the dinner was an ironic twist given that she keynoted the annual Boston Human Rights Campaign dinner last October, where she praised the political courage of Vermont lawmakers who passed civil unions legislation and called for the equal treatment of surviving gay partners of victims of the Sept. 11 terrorist attacks.
Though a spokesperson for Gore did not confirm that Gore backed out of the MBA engagement because of Rogers, a source close to the Gore family confirmed to Bay Windows "that she was aware of this issue" when she canceled her appearance. McCarthy also said he made Gore aware of the controversy surrounding Rogers' honor through a third party. "She didn't want to get involved with these issues when she heard about it," he said.
James Carville steps in
Asked if the MBA had a similar understanding as to Gore's reason for withdrawing from the annual dinner, Weber responded, "The MBA was informed by Mrs. Gore's agency that she is unable to attend our event on January 25. We are delighted that noted political consultant and author James Carville is now the guest speaker at our Gala Dinner."
"I think the act speaks for itself," said Barri. "But I can't speak for Mrs. Gore." Barri is heading up the effort to protest the dinner and said that other organizations, including the Mass. Freedom to Marry Coalition, Citizens for Participation for Political Action (CPPAX), and Mass Voters for Clean Elections will join with MLGBA members in the demonstration. "We expect to have a lot of people out there," said Barri, adding, "a lot of groups are seriously disturbed," that "an organization that deals with civil rights on a daily basis," would choose to honor Rogers. "That's a very serious matter and a tremendous disappointment for people who believe in equal justice for all." Barri has also contacted other law firms and asked that, in protest, they not buy tables to the dinner, which go for a thousand dollars each. Aside from Hale and Dorr, Barri reported at least nine other large firms, including Foley, Hoag and Eliot; Testa, Hurwitz and Thibeault; and Peabody & Arnold have declined to buy tables.
But the MBA says that the MLGBA is ignoring its record of support for issues concerning the gay community. In fact, it testified against Rogers' DOMA legislation last June, supported adoption rights for gays and lesbians, supported lifting the ban on gays in the military and advocated against discrimination on the basis of marital status in the provision of benefits for public sector employees. The organization has also filed amicus briefs in several gay-related court cases. "This history demonstrates that we believe in fair and equal treatment for all," said Weber.
"We don't ignore the fact that they have supported gay rights," countered Mason. "We find it hypocritical that they honor an individual who has supported DOMA legislation."
"It's very nice that the MBA attempts to help us on occasion," echoed Barri. "But it's a very sad thing...if the MBA gives out awards to people who hate us."
Mason also pointed out that he does not want the focus to be on the MBA. "They've erred, and they know they've erred and I don't think this will happen again." He is hopeful that the MLGBA and the MBA will continue to work on mutual goals. But the MLGBA has chosen to support the protest-a shift in its position from last month, when Mason told Bay Windows official support for a demonstration was unlikely to come from the organization. "I think that it's an appropriate response to direct at Rep. Rogers and that's the direction that the MLGBA is going with in its support of the protest," he stated. The decision came after a lot of "soul searching" from the organization's members, said Mason. "We have individuals on our board who are activists and there are individuals on our board who are activists who use a different method...to work slowly and not get in people's faces. There's a need for both. We looked at it and decided that the time for action, a more aggressive response was now. We decided to address the MBA directly with the letter and that we would address Rogers through a demonstration."
Weber, who noted that the MBA has heard a lot from its membership on the issue, including support for its choice of Rogers as Legislator of the Year, said the MBA respects the right of the protesters to demonstrate, as does Rogers: "I admire any citizen or group of citizens that exercises their freedom of speech and assembly," Rogers told Bay Windows. But Rogers "respectfully disagrees" with the legislative record his opponents accuse him of having, particular-but not limited to - that of his record on gay rights. "I led the effort this year on many of the concerns of the gay and lesbian community," Rogers said, including increased funding for programs aimed at gay and lesbian teens-an effort McCarthy, who is chair of the Governor's Commission on Gay and Lesbian Youth, also noted in an interview with Bay Windows-and increased funding for gay and lesbian victims of domestic violence. He also led the charge, he said, to restore $2.5 million to the AIDS budget last month. "I think my record has been unfairly distorted by my detractors," he said. It's better to sit and discuss the issues and, barring resolution through discussion, said Rogers, a protest is appropriate. However, he noted, "Many of the protesters have not made that initial effort and I think this deserves it."
Rogers also added that he was scheduled to meet with gay and lesbian lawyers Jan. 16 to discuss domestic partnership legislation. Asked if he opposed DP benefits, Rogers responded that he's had reservations in the past due to concerns about their constitutionality under the equal protection clause, an apparent reference to the debate over whether or not they should be offered to unmarried heterosexuals as well as same-sex couples. "Outside of that I do not oppose domestic partnerships," he said.
Laura Kiritsy is a staff writer at Bay Windows. Her e-mail
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