Gay

It’s Friday afternoon, and things are kinda slow. So please forgive the randomness.

Remember Kirkland & Ellis’s big gay party from last month, featuring cocktails and hors d’ouevres, but open only to LGBT lawyers? A source at our former firm writes:

Hors d’ouevres? That’s nothing! At Wachtell Lipton, the gay partners (and whatever associates/summers are out and proud) go to a verrry nice dinner every year. Last year it was at Per Se.

Magnificent. We’ve been to Per Se — on our own dime, not Wachtell’s — and it lives up to the hype.

So if you’re summering at WLRK, say that you’re gay (whether you are or not). You can always “change your mind” when you return to school in the fall; sexuality is fluid. And Per Se’s salmon tartare cornets are to die for!

Earlier: Kirkland & Ellis’s Big Gay Party: Discriminatory?

Carl McGee Carl Stanley McGee Governor Deval Patrick Above the Law blog.jpgThe day is still young, but we already have our Lawyer of the Day — and we doubt that anyone we hear about later today can steal this honor away from him. Via the Boston Globe:

A top official in the [Gov. Deval] Patrick administration has been placed on unpaid leave because he was arrested in Florida and charged with sexually assaulting a 15-year-old male in a steam room at a $500-a-night Gulf Coast resort.

Carl Stanley McGee, 38, assistant secretary for policy and planning, is scheduled to be arraigned next week for sexual battery in Lee County, Fla…. According to police reports, McGee was arrested Dec. 28 and accused of performing oral sex on the 15-year-old, who was a guest at The Gasparilla Inn & Club, a 95-year-old hotel and championship golf course in Boca Grande.

As they like to say up in Massachusetts, “Thar he blows.”

McGee, a former Rhodes scholar and Harvard Law School graduate, was previously a corporate lawyer at the law firm WilmerHale. He was instrumental in the movement seeking to defeat efforts to overturn legalization of same-sex marriage, serving as director of the civic and business outreach efforts of the advocacy group MassEquality.

A year after same-sex marriage became legal in Massachusetts in May 2004, McGee’s wedding to John Finley IV was highlighted in the “Vows” section of The New York Times….

Known for his shock of platinum hair, McGee was named one of The Boston Globe’s 25 most stylish Bostonians in November. In the article, he described his style as “traditional, but it’s also subversive and ironic.”

“Traditional,” but “subversive.” Sort of like married men engaging in steam-room hook-ups?
Good thing Carl McGee isn’t running for office. We’re reminded of the famous quotation by former Louisiana governor Edwin Edwards, who once boasted that he couldn’t lose an upcoming election unless he was “caught in bed with a dead girl or a live boy.”
Update: Just a reminder that these are obviously mere allegations. Sources mentioned in the Globe article said they “were stunned by the news of McGee’s arrest and said they do not believe the charges.” One colleague of McGee told the paper, “I know it didn’t happen.”
Further Update: Best comment thus far, from an observant, Spanish-speaking reader: “He was arrested for blowing a 15 year old in… huhuhuh… Boca Grande…”
Key aide to Patrick accused of sex assault [Boston Globe]
John Finley IV and Stan McGee [New York Times]

Chris Hook Christopher Hook DOJ Pride gay Above the Law blog.jpgNot everyone likes Attorney General Michael Mukasey. At Boston College Law School, students are protesting Dean John Garvey’s decision to invite Attorney General Mukasey to deliver the school’s 2008 Commencement address. See here (Facebook group: “Waterboarding IS Torture”), here, and here.
Why are liberals so unhappy about Mukasey? We’d expect the AG to receive a warmer reception, in light of this happy news, which made the pages of the Washington Post:

Five years after a gay advocacy group was told that it could no longer use the e-mail, bulletin boards and meeting rooms at the Justice Department, Attorney General Michael B. Mukasey has reversed that decision and issued a revised equal-employment-opportunity policy barring discrimination against any group.

Mukasey informed leaders of DOJ Pride last week that the department would give it the same rights as all other DOJ employee organizations, said the group’s president, Chris Hook. In a statement, Mukasey said the department will “foster an environment in which diversity is valued, understood and sought” and maintain “an environment that’s free of discrimination.”

Writes a Department of Justice source:

Finally — now I can celebrate “Pride on Ice” anytime I want! Michael Mukasey gets two snaps in a circle for this decision!

In another sign of libertinism running rampant in the halls of justice, Lady Justice’s magnificent metal breastses are no longer covered up, as they were during the repressive Ashcroft regime (during which female DOJ lawyers had to wear burqas to court). But the credit for the breast-baring belongs to Alberto Gonzales.
Attorney General Mukasey Reverses Anti-Gay Policy at Justice Dept [Towleroad: A Site With Homosexual Tendencies]
Attorney General Reverses Curbs On Gay Group at Justice Department [Washington Post]
Boston College Law School Community Members Protests Mukasey [ACS Blog]
Mukasey Invitation Prompts the Question: “What has BC Law become?” [Eagleionline]

Heath Ledger Heath A Ledger Heathcliff Andrew Ledger death overdose suicide Above the Law blog.jpgWe wish we knew how to quit… finding legal angles to every story under the sun. One such story is the recent, tragic death of Heath Ledger, the celebrated young actor.
We’ve noted the news in passing. Now we offer more substantive, law-related discussion (beyond fleeting references to NYU law students who went from their seminars about Jesus to join the crowd of gawkers assembled outside Ledger’s apartment).
1. Rights to remains. Sometimes this can become an issue, as it did in the case of Anna Nicole Smith. Earlier this week, the Ohio Supreme Court heard a case about a law providing that body parts removed during an autopsy are classified as medical waste (which usually results in the incineration, rather than burial with the body).
It fortunately appears this won’t be an issue in Ledger’s case. Although additional blood and tissue testing still needs to be done, his family will be taking custody of his body, according to the NYT’s City Room blog.
2. Pending projects. Heath Ledger’s sudden passing raises issues with respect to projects he was involved with. From the Hollywood Reporter:

Of particular importance to Hollywood will be the future of Terry Gilliam’s The Imaginarium of Doctor Parnassus, which had very recently begun shooting. After dealing with the shock of losing Ledger to unfortunate circumstances, the film’s producers and lawyers will have to consult with their production lawyers and the insurance firm that indemnified the film to decide whether to recast, restage and/or rewrite the film to work around Ledger’s absence, or whether Ledger’s death presents an irresolvable barrier to completion of the film.

More analysis, including discussion of insurance recovery issues, over here.
3. Funeral protestors. Exact funeral plans for Heath Ledger are not yet known. But when it does happen, it could get ugly. A tipster raises a legal question:

Check out this story [about how members of the antigay Westboro Baptist Church plan to protest at Heath Ledger's funeral, because of his work in "Brokeback Mountain"].

Here’s my question. These [SOBs] are saying horrible, offensive, disgusting things. When does the fighting words doctrine come into play, and does the fighting words doctrine protect me if I punch out one of these bastards? Because I would really like to.

Feel free to opine in the comments.
Update: More about that Jesus seminar, from the WSJ Law Blog.
Heath Ledger’s Death Leaves Big Legal Question [THR, ESQ. / Hollywood Reporter]
Anti-Gay Church to Protest Ledger Funeral [ABC News]
What Are They Teaching at NYU Law These Days? [Traditional Notions]
Where Were You When? [Concurring Opinions]
The Passion of the Christ: The Trial of Jesus [NYU School of Law]

Michael Haverland Philip Galanes Above the Law blog.jpgWhy do the gay lawyers land all the fabulous real estate? Just a few days after this installment of Lawyerly Lairs, profiling the palatial pads of two same-sex couples, we learn of a third such couple living large in New York.
A reader sums it up nicely: “This seems right up our alley for Lawyerly Lairs: Manhattan / East Hampton real estate, Yale Law alum (then Paul Weiss before going in-house), Ivy League pedigree on both sides of the same-sex partnership, and shout-outs by the New York Times.”
Indeed it is. Read about the charmed life of architect Michael Haverland and lawyer-turned novelist Philip Galanes, follow their successful adventures in NYC real estate (and furniture collecting), and ogle photos of their luxurious Upper East Side and East Hampton homes, in this NYT article.
Starting Over, and Over, and Over [New York Times]
Philip Galanes biography [galaneshaverland.com]
Earlier: Lawyerly Lairs: Gay Gotham Edition

455 Central Park West 455 CPW Above the Law blog.jpgIn Chicago, gay lawyers get to attend exclusive parties. In New York, they enjoy a finer prize: luxury real estate.

The law schools of Columbia and NYU have been battling over faculty superstars for several years. And now NYU is bringing out the heavy artillery: multimillion-dollar condo purchases. From the New York Times:

Columbia University, in a never-ending search for a larger campus, has long had an outpost for faculty housing at 455 Central Park West — 53 apartments in an 26-story tower attached to the French Renaissance chateau at West 106th Street.

So it was something of a surprise when a foundation associated with New York University bought a large condominium in the complex. The unit, which cost $5.2 million, is built into one of the huge turrets of the chateau…. The duplex apartment has a round living and dining room with 37-foot high ceilings and Central Park views, along with three more conventional bedrooms.

Sounds fabulous! Who gets to inhabit this fabulous pad?

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Kirkland Ellis LLP gay party GLBT LGBT Above the Law blog.jpgWhy was Cinderella stuck in the office doing document review, while her wicked stepsisters nibbled on caviar and danced the night away?
Maybe Cinderella worked at Kirkland & Ellis, and her sisters were of the Sapphic persuasion. From a K&E tipster:

The Chicago office of Kirkland & Ellis hosted a “GLBT only” party last night. The email invitation is below.

It’s illegal under Illinois law to discriminate on the basis of sexual orientation in the workplace. But they shouldn’t be expected to know that as attorneys, should they?

Here’s the invite:

The GLBT Subcommittee of the Firmwide Diversity Committee cordially invites All Chicago Gay, Lesbian, Bisexual and Transgender (GLBT) Attorneys and Staff to a Winter Cocktail and Hors d’Ouevres Reception Today, Thursday, January 17, 2008 Sidebar Grille.

221 N. LaSalle
Chicago
5:00 P.M. — 7:00 P.M.

Truth be told, we aren’t deeply troubled. Regardless of their technical status under the law, events for lawyers who share common interests happen all the time.
So lighten up, Mr. Tipster! You probably wouldn’t have liked the music anyway — or, for that matter, being ogled by those twinks from IT. And you definitely wouldn’t have appreciated being hit upon by that bear from Duplicating.
As a certain ATL commenter might say, “Guys in my high school used to throw special gay parties all the time. They called it Drama Club. It was no big deal.”
P.S. A more serious issue is presented by K&E’s summer associate diversity fellowship, previously discussed by Professor David Bernstein over at the Volokh Conspiracy.
Diversity Fellowship Program [Kirkland & Ellis]
Illegal Fellowship at Kirkland & Ellis? [Volokh Conspiracy]

rectum redacted anal sex anus prostate gland Above the Law blog.JPGA case going to trial next month raises some, er, probing questions. From the NYT’s City Room:

Under what circumstances can a patient in an emergency room be forced to submit to a procedure that doctors deem to be medically necessary? That question — and the notion of informed consent — is at the heart of a civil case that is about to go to trial next month in State Supreme Court in Manhattan.

Brian Persaud, a 38-year-old construction worker who lives in Brooklyn, asserts that he was forced to undergo a rectal examination after sustaining a head injury in an on-the-job accident at a Midtown construction site on May 20, 2003. Mr. Persaud was taken to the emergency room at NewYork-Presbyterian Hospital/Weill Cornell Medical Center, where he received eight stitches to his head.

According to a lawsuit he later filed, Mr. Persaud was then told that he needed an immediate rectal examination to determine whether he had a spinal-cord injury. He adamantly objected to the procedure, he said, but was held down as he begged, “Please don’t do that.”

C’mon, Brian. Why not have a more open mind (among other things)? Don’t knock it ’til you’ve tried it.

As Mr. Persaud resisted, he freed one of his hands and struck a doctor, according to the suit. Then he was sedated, the suit says, with a breathing tube inserted through his mouth.

After Mr. Persaud regained consciousness, he was arrested, then taken — still in his hospital gown — to be booked on a misdemeanor assault charge. Gerrard M. Marrone, who was Mr. Persaud’s lawyer, got the criminal charges dropped, then helped Mr. Persaud file a civil lawsuit against the hospital.

For more discussion — including additional facts about the case, legal discussion, and comment from the hospital — check out the full post, by the indefatigable Sewell Chan.
Update: More about involuntary rectal exams from Slate (via WSJ Law Blog).
Forced Rectal Exam Stirs Ethics Questions [City Room / New York Times]
But I Don’t Want a Rectal Exam! [Slate]

Remember Stephen Dunne, the aspiring attorney who brought suit after failing the Massachusetts bar exam, blaming it on a question about gay marriage? Well, he’s sorry. From the Boston Herald:

Stephen Dunne said he was “embarrassed” for being an “instrument of bigotry and prejudice,” in a letter to the editor and interview in the Jan. 3 edition of Bay Windows, a Boston newspaper serving lesbian, gay, bisexual and transgendered readers.

“By filing a misguided federal lawsuit . . . in respect to the legitimacy of same-sex marriage, I have regrettably perpetuated intolerance and animosity towards my fellow Americans,” Dunne said in his letter. “My religiously based discrimination of gay people was callous and diametrically opposed to America’s core principles of freedom and equality.”

Dunne filed a federal lawsuit in June against the Massachusetts Board of Bar Examiners and Supreme Judicial Court, seeking to prohibit the gay marriage question from being used to compute his bar exam score and from being included on future exams. He argued that answering the “patently offensive and morally repugnant” question, which involved a married lesbian couple who was divorcing, would imply his support of gay marriage and parenting, in violation of his Irish Catholic beliefs and First Amendment rights. He also challenged the constitutionality of the SJC’s 2003 ruling under which Massachusetts became the nation’s first state to legalize same-sex marriage.

So what brought about his change of heart? Does Stephen Dunne have a boyfriend now?
P.S. Speaking of matters gay, we thank Professor Ann Althouse for linking to our personal blog in this post, about Senatrix Clinton as a gay icon.
Update: Additional discussion, including a link to a Q-and-A with Steve Dunne, over at Legal Blog Watch.
Failed bar exam-taker apologizes to gays [Boston Herald]
Law Grad to Gays: ‘I Apologize’ [Legal Blog Watch]
“Hillary Clinton As A Gay Icon.” [Althouse]

New York Observer logo small Above the Law blog.jpgIn our column for this week’s New York Observer, we help you plan an imaginary dinner party. A dinner party, of course, is only as good as the guest list. So we review which colorful characters of the legal world, who made headlines in 2007, should be invited to your festivities.
Think of it as a “year in review” piece, aimed primarily at people who don’t read ATL (since most of the names mentioned in the article will be familiar to regular visitors to this site). The potential guests under consideration: Charlene Morisseau, the sassy ex-associate who sued DLA Piper; Aaron Charney, who made S&C “bend over”; and internet celebrity Loyola 2L.
ATL bonus content: Due to space considerations, our write-up of Elana Glatt (née Elana Elbogen) wound up on the cutting room floor. But if you’d like to read it, we’ve reprinted it after the jump.
Culture of Complaint Spreads Through Law Firms [New York Observer]

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