NOM BLOG

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.”

Breaking News: Paul Clement Refuses to Bow Down Under HRC Pressure, Leaves Law Firm to Defend DOMA

Ed Whelan at NRO's Bench Memos with the breaking news:

According to Politico, the King & Spalding law firm, which had agreed to serve as counsel to the House of Representatives in defending DOMA, is now backing out of the representation. Its about-face is a craven caving to pressure from gay-rights groups. King & Spalding chairman Robert Hays deserves special recognition as a profile in cowardice.

In response to the King & Spalding decision, superstar lawyer (and former Solicitor General) Paul D. Clement has just resigned from the firm "effective immediately."

Here is Clement’s resignation letter.

...Clement will continue representing the House of Representatives in his new capacity with Bancroft PLLC.

We have been noting the harassment and intimidation tactics used by gay rights groups (particularly the Human Rights Campaign) against King & Spalding over the previous days. More from us soon.

Marc Mutty Responds on Maine Marriage

Marc Mutty, chairman of the successful Stand for Marriage Maine campaign, responds to a new movie trailer and resulting commentary that, he says, "served to mischaracterize my positions on same-sex marriage and on the Question 1 campaign". An excerpt:

First and foremost, let me say directly that I fully support the definition of marriage as being between one man and one woman...

Second, this campaign was a long, painful process, made all the more difficult by the fact that the campaign staff and I were harassed and threatened repeatedly, to the point that I was concerned for the safety of my staff and our families.

Our computers were hacked, our campaign office was vandalized, death threats were made and our family members were shunned and verbally attacked.

Why? Simply because we worked on a campaign that presented a view, a majority view I might add, that marriage is between one man and one woman.

It was with this in mind that I said I would never do such a campaign again, knowing the toll it would take on my personal health, and on the well-being of my staff given the degree of antagonism that our position generated from some gay activists and their supporters.

... But in the end, to me, and to the majority of voters here and in 30 other states nationwide, the true definition of marriage is worth defending in law, despite the personal attacks and political invective that its supporters faced.

Legal Eagles Defend Clement's Law Firm from HRC's Attack

Andrew Cohen, who has served as chief legal analyst and legal editor for CBS News and won a Murrow Award as one of the nation's leading legal analysts and commentators, writes in The Atlantic:

The Human Rights Campaign's misguided case against Paul Clement's law firm ignores the basic tenets behind the counsel of law

The Los Angeles Times's editorial writers have it right when they point out that the Human Rights Campaign has it wrong about Congress's decision to hire Paul Clement to defend the Defense of Marriage Act in court. Clement's fancy law firm has been hired by Republicans in the House of Representatives to pick up where the Justice Department left off when it decided a few months ago that a key section of the statute should no longer be defended by the government in pending DOMA cases wending their way through the federal courts.

Every client has a right to a lawyer. In a perfect world, every client can choose and pay for a lawyer, and defending the constitutionality of a federal statute (which with approximately 50 percent of all Americans still agree) is no disgrace. If I were Rep. John Boehner, the Speaker of the House, I would probably have chosen Clement, too, to take up the cause. The former U.S. Solicitor General is an excellent attorney and advocate, a conservative, and someone who is familiar with political cases and Supreme Court procedure. It's a no-brainer.

HRC Goes After Paul Clement's Law Firm

Is everyone entitled to a lawyer? Not in HRC's eyes. HRC is openly attempting to hurt an entire law firm, because one of its lawyers took on a client HRC does not like: the House's defense of the Defense of Marriage Act.

This kind of thing has been done behind the scenes many times--the use of class power behind the scenes to punish those who disagree with HRC on marriage. (I just spoke to the wife of a litigator in San Francisco who lost his job--was denied a partnership--because he donated to Prop 8.)

But this is even worse, and very public: the attempt to punish an entire business enterprise because a lawyer defends what is in HRC's eyes an unpopular client.

Will the legal culture permit HRC to tell it who can hire a lawyer? We'll see.

Breaking News: Prop 8 Supporters Have a Right To Appeal, Killer Legal Brief Says

Protect Marriage, the official proponents of Prop 8, filed a killer legal response to the argument by gay marriage advocates that higher courts may not review Judge Walker's ruling, because ballot initiative proponents lack the standing to sue. A summary is here.

I love the quote from legal eagle Chuck Cooper's brief:

"[I]nitiative proponents have authority under state law to represent the State's interest in defending the validity of initiatives; in doing so, official proponents act as agents of the People, to whom this interest ultimately belongs," according to the brief authored by Cooper, a lawyer for ProtectMarriage.com.

Those opposed to the gay marriage ban had argued in a brief earlier this month that ProtectMarriage is out of luck because it lacks authority under the California Constitution to take up a fight that the governor and state attorney general have abandoned.

Cooper countered Tuesday that the authority exists in state precedent. "[T]he California courts have repeatedly allowed official proponents to vindicate the People's interest in defending initiatives when elected officials will not," according to the 40-page argument, supplemented by 12 additional pages.

Punishing All Trump Employees and Properties for the "Sins" of Donald Trump

This is par for the course. Gay rights activists attempting to punish any Trump business for Trump's stance:

Donald Trump's bluster may be raising the would-be GOP presidential candidate's poll numbers and ginning up ratings for his reality-TV show, but his remarks about same-sex marriage are already causing problems for his hotels and casinos.

The Gay and Lesbian Alliance Against Defamation posted an online list of all Trump hospitality and entertainment properties, urging readers to "consider Trump's decision to stand against LGBT families when you're deciding whether to patronize" any of them.

And a spokeswoman for the International Gay and Lesbian Travel Association, which has 2,200 travel industry-related members, told AOL News that it will discuss at its May board meeting whether to boot Trump's hotel-condos in New York and Las Vegas as members.

Already, many gay travel agents are directing customers elsewhere.

Tucker Carlson: New CA Law is "Propoganda" Not Education

The bill not only requires teaching of gay history, it bans any criticism of gay historical figures, or religion. There is no parental opt-out (related story here):

Audio: Chuck LiMandri interviews Brian Brown

In a show titled "From the Front Lines of the Culture War" for the new Catholic Radio of San Diego, our friend Charles Limandri interviews NOM President Brian Brown.

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Listen to the archive of the show here
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