NOM BLOG

Monthly Archives: April 2011

Economist: New Lawsuit Charges Gender Bias Against Egg Donors

In the wake of a new lawsuit, The Economist asks, "Competition for eggs is fierce, is it fair?":

...donations of eggs, unlike those of sperm, take a lot more than a porn magazine and a plastic cup. Before arriving at a clinic to make donations, women have to inject themselves for three weeks with medication. They are called in to give blood samples and undergo vaginal ultrasound tests. Then, on the day of donation, they undergo an uncomfortable extraction procedure which involves a very long needle and punctured ovaries. In the best cases, it takes a day to recover; in the worst, they end up in hospital. Ms Kamakahi argues that any price that does not take that extra commitment and suffering into account is a price that is restrained.

Ms Kamakahi’s lawyers argue that the industry’s agreement to keep prices low constitutes a “conspiracy in restraint of trade”, in breach of antitrust law. They say that the anticompetitive pricing arrangements mean that, while Ms Kamakahi and other egg donors have been prevented from earning their due, the clinics have been reaping extra profits. The lawsuit puts revenues from the egg trade at $80m a year.

Sen. Diaz Takes on the Village Voice's Incitements to Hatred

NY's State Senator Ruben Diaz, who is bravely organizing support for marriage in the Empire State, writes an Open Letter to the Editors of the Village Voice:

When I read Steven Thrasher's column, Ruben Diaz Sr.: Gay Marriage Over My Dead Body, I realized that your point was not to explore the beliefs of people opposed to homosexual marriage, but to vilify my principled and vocal defense against attacks on marriage as we know it.

When I read the comments posted online that followed your article, I considered that you or your editors have espoused an "at all costs" approach to achieving your goal of passing a gay marriage bill. One reader, Wayne writes: "....as you wish, Mr Diaz.....I can arrange your final resting place in a local dump."

Would the authors and editors at the Village Voice have been so quick to tolerate any comments hoping for the demise or imminent death of one of their favorite political leaders? Or perhaps their purpose really was to draw out and encourage criminal acts by your readers.

... It's so sad to see people in journalism abuse their positions, but it's outrageous to see how the editors of the Village Voice use their editorial discretion to facilitate and encourage homicide.

Video: Rick Santorum Stands Up for Marriage on Fox News

Rick Santorum was on FOX News Sunday with Chris Wallace this weekend:

Related: Santorum Makes Headway?

NY Sen. Ruben Diaz Plans Huge Pro-Marriage Rally in NYC May 15th

New York Senator Ruben Diaz is planning a huge pro-marriage, pro-life rally (English translation of the announcement here) in New York City on May 15th.

Starting at 12PM on that Sunday the rally will march from 149th Street and Third Avenue to the Bronx County Courthouse at 161st Street and the Grand Concourse to end in prayer.

In 2009 about 20,000 people showed up for a similar rally.

We hope that our pro-Marriage friends in the area show up in support!

LGBT activists, meanwhile, are worried about their ability to stage a counter-rally because May 15th is also the date for the annual AIDS walk. Steven Thrasher writes, "[Y]ou have to admit there's political genius in his date selection."

NOM Praises Motion to Vacate Same-Sex Marriage Ruling

WASHINGTON - The National Organization for Marriage (NOM) has praised a motion filed Monday in federal court in San Francisco to vacate the decision in Perry v Schwarzenegger finding a federal constitutional right to same-sex marriage.

“NOM welcomes the filing of this motion to vacate this unprecedented, unconstitutional and irrational ruling seeking to impose same-sex marriage on America,” said Brian Brown, NOM’s president. “The American people have a right to expect that their federal courts are conducted transparently and are free of bias. Unfortunately, Judge Walker’s failure to disclose that he is in a 10-year committed relationship with another man makes a mockery of the judicial process and under federal law should result in vacating his ruling.”

Federal law compels a judge to recuse himself from hearing a case whenever “his impartiality might reasonably be questioned.” At a minimum, the law requires the judge to “provide full disclosure on the record of the basis of disqualification.” Additionally, the law requires recusal whenever he has “an interest that could be substantially affected by the outcome of the proceeding.” In the Perry case, Walker did not disclose that he is in a long-term, committed relationship with another man, as required by law. This fact was only revealed in a recent news interview after he retired from the bench. Further, since Walker’s ruling, if implemented, would allow him to marry his long-term, same-sex partner, he has an interest in the outcome of the case he decided.

“It is a long-held principle that a judge may not decide his own case, yet that is what Judge Walker has done,” Brown says. “His bias has been apparent from the moment this case landed in his courtroom. Before trial ever began, higher courts had to twice take the extremely rare action of reversing critical decisions he made. The case has been clouded by judicial bias from the start, and it’s time that this mockery of the judicial system be ended. Federal judges cannot be allowed to operate above the law. We call on the federal court to vacate the judgment and restore integrity to our judicial system”

WSJ: "Knave and Spalding"

From The Wall Street Journal's Review and Outlook blog:

Is it now so politically incorrect to oppose gay marriage that a white shoe law firm will throw over a client rather than defend a law signed by President Bill Clinton? Apparently so, after yesterday's show of invertebrate representation by King and Spalding, the giant Atlanta-based law firm.

...The likely story here is that King and Spalding began to fear a political backlash after activists at the Human Rights Campaign launched a campaign to "educate" (read: intimidate) the firm's clients about "King and Spalding's decision to promote discrimination." Clients include Coca-Cola and other Fortune 500 giants that prefer to avoid hot-button social issues.

That's fair enough, but once a firm takes on a client it is the firmest of legal obligations to see a case through save for a clear conflict of interest. To drop a case under political pressure is especially unethical. Imagine the outcry if a firm of similar standing stopped defending Guantanamo detainees?

Whatever one thinks of Doma, it passed both houses of Congress with huge majorities, and Vice President Joe Biden was among 85 Senators who voted "aye." The law defines marriage as between a man and a woman and says states aren't obliged to honor gay marriages recognized in other states.

Social mores have changed in 15 years, but not so much that gay marriage should be imposed by judicial fiat in a way that further inflames the culture war. The Human Rights Campaign has every right to challenge Doma in court, but it does itself no honor by trying to deny that same right to Doma's supporters by harassing their legal counsel. As for King and Spalding, better not turn your back on its lawyers in a firefight.

Steven Giller v. King & Spalding

More lawyers on the left say Paul Clement was right and King & Spalding were gutless wonders.

Benjamin Wittes notes what Steve Gillers of NYU told National Public Radio this morning:

NYU Law professor Stephen Gillers, a specialist in legal ethics, says Clement was “entirely right,” and that “King & Spalding was scared off by the prospect of becoming a pariah.”

In the New York Times, Gillers goes further–making a similar point to the one I made last night:

But Stephen Gillers, an expert in legal ethics at the New York University law school, said the firm caved in, adding that the “firm’s timidity here will hurt weak clients, poor clients and despised clients.”

Another Former (Clinton) SG Praises Clement

"I think it’s important for lawyers on the other side of the political divide from Paul, who’s a very fine lawyer, to reaffirm what Paul wrote [in his resignation letter from King & Spalding]. Paul is entirely correct that our adversary system depends on vigorous advocates being willing to take on even very unpopular positions. Having undertaken to defend DOMA, he’s acting in the highest professional and ethical traditions in continuing to represent a client to whom he had committed in this very charged matter."

– Seth Waxman, former U.S. Solicitor General (under President Clinton) and current WilmerHale partner, commenting to Washingtonian magazine on the decision of fellow former S.G. Paul Clement to resign from King & Spalding and join Bancroft PLLC. At Bancroft, the D.C. boutique law firm founded by former Assistant Attorney General Viet Dinh, Clement will continue to represent the Bipartisan Legal Advisory Group of the House of Representatives in its defense of the Defense of Marriage Act (DOMA). - Above the Law

RedState: King & Spalding Decide Marriage is Indefensible, But Terrorists and Murderers Are Fine

Brian Wilson of RedState writes:

Who deserves legal representation - the American people, or their sworn enemies? To the Atlanta, Georgia law firm of King & Spalding, the answer most emphatically is only the latter.

[Kate & Spalding's] pro bono representation web page is a who’s who of fashionable liberal causes and organizations. The firm is one of a number of high-profile firms defending detainees at Guantanamo Bay, a cause on which the large law firms are unanimous in arguing that no law firm should be punished for giving even terrorists the best defense money can buy, and doing it free of charge (terrorists get this privilege; mere American taxpayers don’t). The firm has represented more than a dozen inmates on death row, and did it get the same kinds of pressure for representing murderers? No, it got an award from the ABA. Democratic Senate candidate Brad Ellsworth tried to make an issue of King & Spalding representing six Yemeni detainees at GTMO in his Senate race against former King & Spalding partner Dan Coats; a proxy for the Ellsworth campaign noted that “[t]his is something they’ve highlighted as one of their achievements for the firm” in their annual report.

Prop 8 Supporters File to Vacate Walker Ruling!

***This is exclusive to the NOM blog. Please link to this post if you pick up the story.***

ProtectMarriage.com has filed a motion just minutes ago to vacate the Perry decision. Part of the background here is that the law requires a judge to recuse himself whenever a reasonable person could reasonably question whether there was even the appearance of impropriety.

In this case, shortly after retiring from the bench recently, Chief Judge Walker admitted that he has been in a 10-year committed relationship with another man. The motion argues that Walker had an undeniable obligation to disclose this to the parties on the record prior to taking assignment of the case, itself cause for recusal.

Additionally, because Walker potentially would benefit from his own ruling, he had an added obligation to remove himself from hearing the case.

For more on this story, see our earlier posts on the topic.

Here is the motion:

Motion to Vacate

Stand Up Against the Hateful Tactics of SSM Groups!

Dear Marriage Supporter,

I need your help today.

Same-sex marriage advocates have launched yet another campaign of cultural intimidation—pressuring the nation's top law firms in an attempt to silence and marginalize those who would stand for marriage and the Defense of Marriage Act.

Fight Back! Let your voice be heard.

Perhaps you've heard the news this morning—in response to protests from the Human Rights Campaign and others, the King & Spalding law firm has backed out of its contract to represent the U.S. House of Representatives in litigation over marriage and the Defense of Marriage Act (DOMA).

Gay marriage activists know that the outcome of the DOMA litigation will shape the future of marriage for the next decade or more. If we back down now, they will employ this sort of coordinated intimidation strategy again and again.

Click here to stand up for marriage and send a message to King & Spalding today!

It's appalling that a major law firm would back down in the face of such obvious intimidation tactics. Even unpopular causes deserve representation (as John Adams explained in defending the British soldiers involved in the Boston massacre)—much less the shared beliefs of a majority of the American people on marriage!

But there's good news!

Paul Clement

Former solicitor general Paul Clement, the King & Spalding partner who was handling the case, is determined to provide the representation that his firm has refused to offer, even to the point of resigning from his firm in order to do what he knows is right. Praise God for men of courage and conviction like Paul Clement!

Here's an excerpt from Clement's letter resigning from the firm:

"I resign out of the firmly-held belief that a representation should not be abandoned because the client's legal position is extremely unpopular in certain quarters. Defending unpopular clients is what lawyers do ... I recognized from the outset that this statute implicates very sensitive issues that prompt strong views on both sides. But having undertaken the representation, I believe there is no honorable course for me but to complete it."

Such blatant attempts by HRC and other gay marriage advocates to marginalize and silence the views of the American people are nothing short of despicable.

Please stand with us today to let King & Spalding know that they picked the wrong side when they turned their backs on marriage and the American people. Then help spread the word by sharing this message with your friends and family!

Brian Brown

Faithfully,

Brian brown

Brian S. Brown
President
National Organization for Marriage

Is DOMA Defensible? A Survey of American Courts on the Definition of Marriage

Gay marriage activists have tried to claim that DOMA is "indefensible." Over at the Institute for Marriage and Public Policy, William C. Duncan has published a legal analysis of DOMA (read it here) to see how it withstands these claims.

He explains the brief: "Examining precedent from various courts, it demonstrates that the weight of authority is strongly in favor of the argument that DOMA is constitutional and that there is no reason to believe that strong arguments can’t be made in its defense."

Jordan Lorence, Senior Vice-President and Senior Counsel at the Alliance Defense Fund, contributes and points to even more compelling arguments that DOMA is constitutional.

NOM Commends Former Solicitor General Paul Clement for Show of Integrity in Defending DOMA

Group says firm of King & Spalding displayed shocking lack of ethics

WASHINGTON - The National Organization for Marriage (NOM) today praised former Solicitor General Paul Clement for refusing to be muscled out of defending the Congressional enactment of the Defense of Marriage Act (DOMA), and criticized his former firm, King & Spalding, for lacking the integrity to represent a position they consider to be unpopular. Clement today resigned from King & Spalding when their Chairman, Robert D. Hays announced the firm was withdrawing from the case within days of an announced protest of the firm by gay marriage activists.

“Paul Clement has just demonstrated the truth of what many have known about him for years – he is a man of courage who subscribes to the highest standards of professional ethics and integrity,” said Brian Brown, president of NOM. “Mr. Clement has demonstrated what every ethical lawyer should know, that a law enacted by Congress and signed by the President is entitled to a vigorous defense in our nation’s courts. As Mr. Clement wrote in his letter of resignation from King & Spalding, once a representation has been accepted, the ethical lawyer is duty-bound to continue even in the face of protests by a loud minority.”

Brown contrasted Clement’s courageous stand for integrity with the cowardice of King & Spalding Chairman Robert Hays. “In contrast to the principled stand by Paul Clement, King & Spalding, through their Chairman Robert Hays, has demonstrated a shocking lack of professional ethics and shown cowardice under fire. This law firm has shown itself to be without principle,” Brown said. “Representing clients who may be unpopular in some quarters is what lawyers do. The actions of King & Spalding would suggest that they believe an accused murderer is entitled to a vigorous defense, but the thousands-year old understanding of marriage is not, even though our marriage law was passed with overwhelming bi-partisan majorities and signed into law by President Clinton.”

NOM pledged an investigation into the actions of King & Spalding and urged its supporters to contact Hays to express their outrage over the firm’s decision. “We will convene a panel of legal experts and ethicists to determine if any rules of professional conduct have been violated, or if the firm has acted illegally in reaching their decision. We already know they have violated the moral imperative of acting in good faith and fair dealing. If our review concludes that the firm has violated any statutes or rules of professional conduct, we will initiate the appropriate disciplinary complaints,” Brown said.

Robert Hays can be reached by supporters at [email protected], 404-572-4674.

To schedule an interview with Brian Brown, President of NOM, or Maggie Gallagher, Chairman of the Board of NOM, please contact Mary Beth Hutchins, [email protected] at 703-683-5004 ext. 105.

Duncan on DOMA’s Erstwhile Defenders

From earlier today on NRO's The Corner blog, William C. Duncan:

News reports this morning indicate that King & Spalding — the law firm whose partner, former solicitor general Paul Clement, was slated to defend the Defense of Marriage Act — has decided to withdraw.

This follows a campaign of intimidation with threats from law schools and activist groups that retribution would follow if the firm continued to defend the law. This tantrum and its seeming success tell us that many on the left believe they have a veto on the principle that everybody deserves to be represented in court. It also suggests that there are few limits on what gay marriage supporters will do to marginalize those with whom they disagree.

It’s worth remembering, as Maggie Gallagher says, that this is what “marriage equality” means. Paul Clement’s principled stand, which Kathryn has noted, is a much-needed grown-up decision and a very powerful rebuke to the intimidators.

Chairman Lungren on King & Spalding’s "Insult to the Legal Profession"

Today, Chairman Dan Lungren (R-CA) issued the following statement after former Solicitor General Paul Clement resigned from King & Spalding and announced that he will continue to represent the House defending the constitutionality of the Defense of Marriage Act (DOMA):

“I want to express my gratitude to former Solicitor General Clement.  I admire his unwavering commitment to his clients and his dedication to uphold the law – qualities that appear to be inconsequential at King and Spalding where politics and profit now appear to come first.

“King and Spalding’s cut and run approach is inexcusable and an insult to the legal profession.  Less than one week after the contract was approved engaging the firm, they buckled under political pressure and bailed with little regard for their ethical and legal obligations. Fortunately, Clement does not share the same principles. I’m confident that with him at the helm, we will fight to ensure the courts – not the President – determine DOMA’s constitutionality.”