It’s too early to take nominations for this year’s law revue contest. But an early contender will surely be a video we received from students at Boston College Law School. It’s a spoof of BC law professor Scott Fitzgibbon’s anti-gay marriage commercial. Here’s the set-up, from the BC Student Bar Review (that’s a social organization, for 1Ls still wondering what happens outside of the library):
The next bar review will begin at 8pm this Thursday, October 1 at The Kells…. We can hear some of you already: “but guyssssss, The Kells is full of meatheads in Red Sox hats.” Well, we’ve got a news flash for you, Little Lord Fauntleroy: every bar in Boston is full of meatheads in Red Sox hats, and very few of them have dance floors as spirited or drinks as reasonably priced as The Kells. We find it to be a great place to blow off some steam, get weird on the dance floor, and accost your TA from LLRW and force him to do shots of Jameson with you.
However, as Dean Garvey reminded us in his memo, we must be respectful of those who disagree with us, no matter their beliefs. In the spirit of providing equal time, we have included a brief video message from the opposition:
The Kells is the kind of place that makes you want to bathe yourself in lye when you wake up the next
morning afternoon. Here’s what the loyal opposition has to say:
After the jump, would the real Professor Fitzgibbon please stand up?
Professor Fitzgibbon’s legal analysis of gay marriage in Maine has come under attack from legal scholars and politicians. The Eagleonline published a letter from attorney and Maine State Representative Jon Hinck (D-Portland) calling on Fitzgibbon to make himself available for public debate on the issues he discussed in his commercial. The letter was sent to BC law dean John Garvey. It reads, in part:
I do not see how the law as written will give rise to a flood or even a trickle of litigation. Moreover, it is hard for me to see how plaintiffs could prevail in the kinds of cases professor Fitzgibbon’s strings together in his list of horribles. There is also little reason to believe that “homosexual marriage will be taught in school” whatever that means. Of course, in a brief TV spot it is hard to provide much backing for legal conclusions and other bald assertions but it disturbs me that Professor Fitzgibbon did not respond to a request for an interview. Since he has chosen to enter the fray with what appears on its face to be highly dubious assertions of law attributed to unnamed “legal experts” I would think that your institution would prefer to see the professor support his opinion with analysis when asked and not avoid the reporter. The law school at Boston College should expect quality scholarship, which in my experience can always be backed up in a public discussion. I would be interested in your thoughts.
So far, Fitzgibbon has not responded to calls for public debate about the matter. He has also refused to answer questions from the Eagleonline, a publication for Boston College law students.
But Fitzgibbon appears to be willing to discuss his views on gay marriage with laypeople. The professor sent an email to BCHeights, an independent student newspaper for the Boston College community. BCHeights reports:
Fitzgibbon said in an e-mail that he has received a split response to his support for the Maine Marriage Initiative. “I have received about 40 responses by e-mail and phone message to my TV ad, about 18 positive and 22 negative,” he said. Fitzgibbon said that his interest in supporting the initiative comes from the serious legal concerns he perceives stem from the redefinition of the institution of marriage in Maine to allow for homosexual as well as heterosexual couples. “Legal consequences of the legal recognition of same-sex marriage are detailed in a letter to the governor of Maine from four law professors,” he said. “These legal concerns underlie, in part, my opposition to that legalization.” Fitzgibbons chose to communicate solely via e-mail due to the sensitive nature of the matter.
Ftizgibbon is wiling to offer his legal opinion on gay marriage to voters in Maine or college students in Boston. But when lawyers or law students ask him about his legal conclusions, they can’t get a response? That’s like going to The Kells to root for Derek Jeter, and then hiding in the bathroom when all the Red Sox fans show up.
Maine Reacts to Fitzgibbon Scholarship [Eagleonline]
Professor opposes same-sex marriage in ad [BCHeights]
Earlier: Boston College Law Professor In Anti-Gay Marriage Ad
Boston College Defends Anti-Gay Marriage Professor