Just over a year ago, a man named Mark Janus won a monumental case before the U.S. Supreme Court.
Mark was a public sector worker in Illinois who wasn’t a member of the union. Despite not being a member, he was forced to pay “agency fees” in order to continue his work serving the community he cared about. The union then used those dues to lobby the government — which means that Mark was forced to pay for someone else’s political speech. The Supreme Court ruled that forcing Mark to pay these fees violated his First Amendment rights.
As an attorney who believes in the First Amendment and a limited government, I applauded this decision, which protected the free speech rights not only of Mark Janus, but also of millions of people across the country.
However, this ruling also opened my eyes to what was going on in my home state of Louisiana, where I am a practicing attorney. Louisiana requires that all practicing lawyers in the state join and pay dues to the Louisiana State Bar Association or LSBA. Since being made to join at the beginning of my career, I have paid thousands of dollars in dues to the LSBA for the privilege of practicing my chosen profession.
The LSBA doesn’t admit or regulate lawyers in Louisiana, that task is left to the Supreme Court and its Louisiana Attorney Disciplinary Board. The LSBA operates more like a trade association. For example, it holds educational events, throws an annual meeting in Destin, Florida, where members can network with other lawyers, and it lobbies the state government on issues of public policy.
In fact, the LSBA annually spends tens of thousands of dollars on lobbying on all types of issues at the State Capitol. These aren’t simply related to the practice of law either. These important policy issues affect everyone in the state. They include everything from the death penalty, tort reform, gun rights, and education policy.
I object to being forced to pay for the LSBA’s advocacy. I’ve agreed with some of the positions the bar has taken (for example, as a married, gay man, I agree with its stance on gay issues) and disagreed with others. But, whether I agree with the bar on any given issue is beside the point. As someone who cares deeply about constitutional freedoms, I don’t think I nor anyone else should be compelled to financially support someone else’s political speech.
I didn’t consent for the LSBA to speak for me on all of these issues, yet they claim to speak on my behalf. If I refuse to let the LSBA speak for me, I will lose a career I’ve worked very hard to earn.
That’s why I have decided to file a complaint in federal court in New Orleans to challenge the constitutionality of forced membership and compelled speech for practicing lawyers in the LSBA.
Just as Janus, I believe that every American has a constitutional right to raise their voice and join groups to support the causes they believe in. I also believe that the Constitution protects my right not to speak up or be forced to join groups.
I want this right not only for myself and the other lawyers of Louisiana, but also for the lawyers in 29 other states whose First Amendment rights are also being violated. I am hopeful that a successful case in Louisiana will force the Supreme Court to examine the issue once and for all.
I am grateful that Mark Janus paved the way for me to fight for my freedom. As I follow in his footsteps, I hope to bring the same kind of freedom to my fellow lawyers across the nation.
Randy Boudreaux is a New Orleans, Louisiana native and a practicing attorney.
