GOP Hired Law Firm Drops DOMA Case

Published in DailyGrito

This week, the Atlanta-based law firm, King & Spalding decided to not defend DOMA. The firm was hired by House Republicans to defend the constitutionality of DOMA, (Defense of Marriage Act) which prohibits Federal recognition of same-sex marriage partners. Shortly after the firm announced that they would no longer defend DOMA, Paul Clement, a partner at King & Spalding, former solicitor general under George Bush Jr., and the leader of the case, resigned. He nobly stated, “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.” Of course, Mr Clement also added that his personal position on same-sex marriage was irrelevant, as he quickly partnered with Veit D. Dinh’s notoriously conservative firm, Bancroft PLLC and will proceed in his heroic defense of DOMA. I am sure Mr. Clement is just being a responsible lawyer and does not have any ideological bias in defending the blatantly bigoted DOMA policy.

Well, Mr. Clement, you are going to loose.

King & Spalding’s decision to not defend DOMA is part of a growing pattern. Although bias and bigotry against LGB ‘t’ people is alive and well, greater consciousness about justice is moving past the personal and into systemic. Powerful systems like the Obama administration, and especially the US Department of Justice, are taking historic positions in not supporting discrimination, deeming DOMA as unconstitutional, and furthermore bring into question a large question of fairness--refusing to side with bigotry.

This systemic change also reflects public sentiment. It is becoming increasingly unpopular for law firms to defend anti-gay laws, because their image suffers and people will not support them financially or politically. Outside of the Ken Starrs of the world, not many people want to do business with bigots. People overwhelming support the rights of LGB people, especially marriage. I say, “LGB”, because Trans people are still completely off the radar in terms of Federal and even State discussion about their rights. They are still worried about basic survival, so debates of something as mainstream as marriage is one of their least relevant considerations.

The most important contribution about this moment, to me, is that it gives us a positive starting point to begin the legal negotiations of DOMA, which I believe will lead to a successful repeal.

My position on same-sex marriage is a complicated one, but above all, the repeal of DOMA will do a historic thing. It will return a huge sense of self to LGB ‘t’ people. Preventing the potential for something as catastrophic as a constitutional amendment that would ban same-sex marriage is an important step for the entire United States. We need to finally put an end to DOMA and the ludicrous notion that sexuality should be negotiated in courts.