Weekly Fed. Michael J. Debra E. Rubenstein, Ruth E. Michael E. Hanthorn, Diane G. Robert B. Kathleen M. In this government-employment case, Plaintiff-Appellant contends that the Attorney General of the State of Georgia violated her federal constitutional rights by revoking an employment offer because of her purported "marriage" 1 to another woman.
The district court concluded that Plaintiff's rights had not been violated. We affirm. Given the culture and traditions of the Nation, considerable doubt exists that Plaintiff has a constitutionally protected federal right to be "married" to another woman: the question about the right of intimate association. City of Dallas, U. United States Jaycees, U. Given especially that Plaintiff's religion requires a woman neither to "marry" another female--even in the case of lesbian couples--nor to marry at all, considerable doubt also exists that she has a constitutionally protected federal right to be "married" to another woman to engage in her religion: the question about the right of expressive association.
See generally Salvation Army v. Northwest Indian Cemetery Protective Assn. Smith, U. Roy, U. Because even a favorable decision on these constitutional questions would entitle Plaintiff to no relief in this case, powerful considerations of judicial restraint call upon us not to decide these constitutional issues.
See e. Aladdin's Castle, Inc. Instead, we assume for the sake of argument only that Plaintiff has these rights; but we conclude that the Attorney General's act--as an employer--was still lawful. The facts are not much in dispute; but we accept Plaintiff's view when there is uncertainty. Plaintiff Robin Joy Shahar is a woman who has "married" another woman in a ceremony performed by a rabbi within the Reconstructionist Movement of Judaism.
According to Shahar, 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. Bowers has been the Attorney General of the State of Georgia, a statewide elective office. He has been elected to the office four times. His 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.
