Barbara Lenk

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For the German politician, see Barbara Lenk (politician).
Barbara Lenk
Chief Justice of the Massachusetts Supreme Judicial Court
Acting
In office
September 14, 2020 – December 1, 2020
Preceded byRalph Gants
Succeeded byKimberly S. Budd
Associate Justice of the Massachusetts Supreme Judicial Court
In office
June 8, 2011 – December 1, 2020
Appointed byDeval Patrick
Preceded byJudith Cowin
Succeeded byDalila Argaez Wendlandt
Associate Justice of the Massachusetts Appeals Court
In office
June 20, 1995 – June 8, 2011
Appointed byBill Weld
Associate Justice of the Massachusetts Superior Court
In office
1993 – June 20, 1995
Appointed byBill Weld
Personal details
Born (1950-12-02) December 2, 1950 (age 73)
New York City, New York, U.S.
SpouseDebra Krupp
EducationFordham University (BA)
Yale University (MA, PhD)
Harvard University (JD)

Barbara A. Lenk (born December 2, 1950) is an American attorney and jurist who served as an associate justice of the Massachusetts Supreme Judicial Court. On April 4, 2011, Massachusetts Governor Deval Patrick nominated her to that position[1][2] and she was confirmed by the Governor's Council on May 4, 2011.[3] She took the oath of office on June 8, 2011.

Early life and education[edit]

Justice Lenk was born in Queens, New York. Her parents were a bookbinder and a housekeeper. Her first language was Polish.[1] She received a Bachelor of Arts magna cum laude from Fordham University in 1972, a Doctor of Philosophy in political philosophy from Yale University in 1978, and a Juris Doctor from Harvard Law School in 1979.

Career[edit]

Upon graduation from law school, she joined the Boston law firm of Brown, Rudnick, Freed & Gesmer and was a partner there for six years.[4] Her practice focused on civil litigation, with a specialty in First Amendment issues.[1]

Judicial service[edit]

In 1993, Massachusetts Governor Bill Weld, a Republican, named her to the state's Superior Court. She served there until Weld appointed her to the Appeals Court, where she began her service on June 20, 1995.[5] When nominated to serve on the Supreme Judicial Court, Justice Lenk was the longest serving member of the Appeals Court.[6]

Legal Challenge to Pledge of Allegiance[edit]

See also: Pledge of Allegiance § Legal challenges

In May 2014, the Supreme Judicial Court unanimously rejected a legal challenge to a Massachusetts law requiring the recitation of the Pledge of Allegiance in schools. The court ruled that the inclusion of the words "under God" did not violate the rights of atheists because, in the court's view, reciting the pledge "is a fundamentally patriotic exercise, not a religious one."[7][8][9][10]

In a separate concurring opinion, Lenk explained that she agreed with the outcome of the court's decision because the plaintiffs challenging the state law "did not successfully allege that their children receive negative treatment" as a result of their decision not to recite the words "under God," or that their children had been reduced to "second-class citizen[]" status because of their beliefs.[10] However, Lenk also wrote that "should future plaintiffs demonstrate that the distinction created by the pledge as currently written has engendered bullying or differential treatment, I would leave open the possibility that the equal rights amendment [of the Massachusetts state constitution] might provide a remedy.”[8][10]

Other Notable Cases[edit]

In 2017, Justice Lenk found that the federal Stored Communications Act did not prevent the personal representatives of a deceased person from accessing his emails.[11] In July 2017, Lenk reported to the court the case in which it unanimously held that the commonwealth's law enforcement could not hold a prisoner solely on the authority of a U.S. Immigration and Customs Enforcement detainer.[12]

Retirement[edit]

Lenk announced her retirement from the court, initially effective August 17, 2020, but she later delayed her retirement to December 1, 2020, one day before she turned 70.[13] During Lenk's last week sitting for oral arguments, fellow Justice Frank Gaziano praised her for her "intellectual honesty" and for being "faithful to the law," saying that "Justice Lenk's contributions are impactful and will be long remembered."[14]

Personal life[edit]

Justice Lenk has served on the board of directors of the Volunteer Lawyers Project of the Boston Bar Association, as chair of the Board of Editors of the Boston Bar Journal, and as a member of the Judicial Administration Council of the Massachusetts Bar Association.[5] She is a Trustee of Western New England University,[15] where she chairs the academic affairs committee,[4] and a member of the Boston Inn of Court.[16] Lenk serves on the board of directors for Kerem Shalom in Concord, Massachusetts.[4]

Lenk is a lesbian. She married her wife, attorney Debra Krupp, following the legalization of same-sex marriage in Massachusetts in 2004. They have two adopted children.[17][18] She is the first openly gay member of the Massachusetts Supreme Judicial Court.[19]

See also[edit]

References[edit]

  1. ^ a b c Bierman, Noah (April 4, 2011). "Patrick nominates first openly gay justice to Mass. high court". The Boston Globe. Archived from the original on November 3, 2012. Retrieved April 4, 2011.
  2. ^ Chabot, Hillary (April 4, 2011). "Governor names openly gay Barbara Lenk to SJC". Boston Herald. Retrieved April 4, 2011.
  3. ^ Levenson, Michael (May 4, 2011). "Lenk approved for SJC; first openly gay justice on state's highest court". The Boston Globe. Retrieved May 4, 2011.
  4. ^ a b c "Justice Barbara A. Lenk Nominated To Massachusetts Supreme Court". GovMonitor.com. April 4, 2011. Retrieved April 4, 2011.
  5. ^ a b "Massachusetts State Courts: Associate Justice Barbara A. Lenk". Commonwealth of Massachusetts. Archived from the original on 14 March 2011. Retrieved April 4, 2011.
  6. ^ "Massachusetts State Courts: Justices of the Massachusetts Appeals Court". Commonwealth of Massachusetts. Archived from the original on 14 March 2011. Retrieved April 8, 2011.
  7. ^ "Massachusetts court rules 'under God' in pledge does not discriminate against atheists". Washington Post. May 9, 2014.
  8. ^ a b Walsh, Mark (May 13, 2014). "Massachusetts High Court Upholds Pledge of Allegiance in Schools". Education Weekly.
  9. ^ Sanchez, Ray & Crook III, Lawrence (May 9, 2014). "Massachusetts highest court: Pledge of Allegiance not religious". CNN.{{cite news}}: CS1 maint: multiple names: authors list (link)
  10. ^ a b c "Doe v. Acton-Boxborough Regional School District". Google Scholar. May 9, 2014.
  11. ^ Note, Recent Case: Massachusetts Supreme Judicial Court Holds that Personal Representatives May Provide Lawful Consent for Release of a Decedent’s Emails, 131 Harv. L. Rev. 2081 (2018).
  12. ^ Note, Recent Case: Massachusetts Supreme Judicial Court Holds that Local Law Enforcement Lacks Authority to Detain Pursuant to ICE Detainers, 131 Harv. L. Rev. 666 (2017).
  13. ^ Doran, Sam (August 14, 2020). "Lenk delays retirement, keeps SJC at full strength". MetroWest Daily News, Framingham, MA. Retrieved August 17, 2020.
  14. ^ "Press Release: Supreme Judicial Court Justice Barbara A. Lenk Retires". Mass.gov. December 7, 2020.
  15. ^ "Western New England University: Board of Trustees 2010-2011". Archived from the original on October 28, 2010. Retrieved April 4, 2011.
  16. ^ "Boston American Inn of Court: 2010-2011 Membership Directory". Retrieved April 4, 2011.
  17. ^ Bierman, Noah (April 5, 2011). "Another unprecedented SJC pick". The Boston Globe. Retrieved April 5, 2011.
  18. ^ Colbert, Chuck (November 18, 2008). "A Judicial Orientation". Boston Spirit Magazine. Archived from the original on April 27, 2011. Retrieved April 4, 2011.
  19. ^ Goodnough, Abby (April 4, 2011). "Lesbian Judge Chosen for Top Massachusetts Court". The New York Times. Archived from the original on 11 April 2011. Retrieved April 4, 2011.
Legal offices
Preceded by Associate Justice of the Massachusetts Supreme Judicial Court
2011–2020 		Succeeded by
Preceded by Chief Justice of the Massachusetts Supreme Judicial Court
Acting
2020 		Succeeded by
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