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Family Law Keyed to Weisberg
Shahar v. Bowers
Facts
Appellant Robin Shahar was offered a position of Staff Attorney with the Attorney General of the State of Georgia after her pending graduation from law school. She began making plans for a “wedding” for her and her same-sex partner, described as a Jewish, lesbian feminist, out-door wedding. On a required application for the Staff Attorney position, appellant indicated that she was engaged, and referenced Francine Greenfield as her future spouse’s name. While working on her wedding invitations with her partner at a restaurant, appellant met a staff attorney for the Attorney General’s office and mentioned the wedding preparations to them. This staff attorney mentioned to an Assistant Attorney General that appellant was marrying another woman. Senior aids to the Attorney General became concerned with potential problems in the office resulting from employment of appellant. The Attorney General, upon the advice of his senior lawyers, decided to withdraw appellant’s job offer. In explanation the Attorney General stated that inaction would constitute tacit approval of the purported marriage and jeopardize the proper functioning of the office. Appellant instituted suit seeking damages, injunctive relief, and reinstatement, claiming the revocation of the employment offer violated the rights to free exercise and association, equal protection, and substantive due process. The district court granted the Attorney General’s motion for summary judgment.
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