Gay Marriage

Apparently, Prop 8 Supporters Are Now Comfortable With Everybody Knowing They’re Raging Bigots

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Judge Vaughn Walker, the man who overturned Proposition 8 in California, is gay. He even admitted it. You know what that means, don’t you? [Wink, wink]. I mean, the man is gay so clearly… like, do I have to spell it out for you? He’s a man who likes to have sex with other men, how can he possibly be impartial when it comes to whether or not God wants marriage defined as something exclusively between a man and a woman. Well, not God exactly, I mean that law… and the voters, you know. The law that has traditionally defined marriage as a union between man and woman under God. You know what I’m getting at. How can he impartially judge the law on this matter when he wants to do it in the butt with another man??? That’s got to make him tainted or damaged or somehow unfit, I mean d’uh, right?

Yes, ladies and gentlemen, at long last the anti-gay marriage movement has been unmasked for what it is; disgusting homophobia and bigotry wrapped up in voter referendums and moving documents. Yesterday afternoon ProtectMarriage (a supporter of the California ban on gay marriage) moved to have Judge Vaughn Walker’s ruling set aside because Walker is gay. I’m being entirely serious; the sole basis for their legal argument here is that Walker is gay and in a relationship. Somehow, this made Walker unfit for deciding whether or not gays and lesbians should have the legal right to marry.

ProtectMarriage’s indignation would be more interesting to me if it wasn’t so covered in crap. Correct me if I’m wrong, but I don’t recall them arguing that married men cannot impartially preside over divorce proceedings.

But I’m sorry, to even pretend like the above are useful analogies gives ProtectMarriage more credit than they deserve. They world they propose living in is truly ludicrous…

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Quote of the Day: Classy Clement

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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).

Paul Clement Quits King & Spalding After K&S Moves to Drop DOMA Defense

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Paul Clement (left) and John Boehner (right)

The leading law firm of King & Spalding, which came under fire from LGBT rights groups after its defense of the Defense of Marriage Act (DOMA) became public last week, has moved to withdraw from the litigation. The firm cited problems with the vetting process applied to the engagement.

And Paul Clement, the former U.S. Solicitor General and King & Spalding partner who was going to spearhead the DOMA defense, is now a former K&S partner. He resigned from K&S this morning, in response to the firm’s withdrawal decision. Clement will continue his representation of the House of Representatives in DOMA litigation from his new home, Bancroft PLLC, the high-powered D.C. boutique founded by a fellow alum of the Bush Department of Justice, Georgetown law professor Viet Dinh.

UPDATE (12:20 PM): We reached out for comment to Professor Dinh, who said: “Paul wins the biggest cases and Bancroft solves the most complex problems. This is a no brainer. We will continue to do what Paul and I love doing most, which is to serve the best interests of our clients.”

Let’s take a look at King & Spalding’s stated justification for dropping the DOMA representation, and at Paul Clement’s resignation letter….

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Quote of the Day: Defending the Defense of the Defense of Marriage Act

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[A] lawyer who defends an individual or a law, no matter how unpopular or distasteful, helps ensure that the outcome is viewed as fair. If DOMA is struck down, the fact that it was defended effectively will make the victory for its opponents more credible…. We hope [Paul] Clement loses, but we don’t begrudge him the assignment. Even a lawyer of his skills will find it hard to defend a discriminatory law like DOMA.

– a Los Angeles Times staff editorial, defending former Solicitor General Paul Clement and his law firm, King & Spalding, against criticism of their defense of the Defense of Marriage Act (DOMA).

Morning Docket: 04.20.11

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* The Supreme Court heard arguments yesterday in a lawsuit asking courts to force major companies to reduce greenhouse gas emissions. Sotomayor spent the entire oral argument asking attorneys how she could fit more Miami Sound Machine on her Zune. [New York Times]

* Louisiana Governor Bobby Jindal, who can be seen every Thursday night on 30 Rock playing Kenneth the Page, shares none of Jan Brewer’s qualms about a “birther bill.” [Politico]

* The Ecuadorean Slapfight (also the name of my ska band in high school) between Patton Boggs, Gibson Dunn, and Chevron was squashed by a judge yesterday. [Reuters]

* Baker Hostetler is balling out of control on L’Affaire Madoff. [WSJ Law Blog]

Judge Vaughn Walker

* Tiger Blogger Vivia Chen wants white guys to be hunted like animals. [The Careerist]

* A copyright troll has found a way to exact a toll without actually owning any copyrights. No word yet on whether anyone has gained entrance into the boy’s hole. [Wired via ABA Journal]

* Alleged Wikileaker Bradley Manning is being transferred to another prison. Julian Assange celebrated the news by going dancing. [Fox News]

* Sponsors of Proposition 8 are mad that retired judge Vaughn Walker, who presided over Prop 8′s defeat in court, is giving lectures around the country that feature a three-minute clip of the trial. They say the video should remain in the closet. Or a desk drawer of some sort. [Los Angeles Times]

Paul Clement and King & Spalding Defend DOMA — at a Discount

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Paul Clement (left) and John Boehner (right)

They say that everyone is entitled to a lawyer. [FN1] But is everyone entitled to the services of former U.S. Solicitor General Paul Clement, one of our nation’s finest appellate advocates? At a discounted rate, no less?

As we mentioned in yesterday’s Non-Sequiturs, the U.S. House of Representatives has hired Paul Clement and Clement’s law firm, the venerable King & Spalding, to defend the Defense of Marriage Act. DOMA, which essentially bars recognition of same-sex marriages for purposes of federal law, has been struck down in part by various federal courts, and the Obama Administration has decided to stop defending the 1996 law in constitutional challenges.

So the House Republicans have stepped up to the plate to defend DOMA. And they’ve hired some high-powered counsel for the task, namely, Clement and King & Spalding.

The contract between the House and King & Spalding was made public today by the office of House Minority Leader Nancy Pelosi (after Speaker John Boehner declined to release it). The agreement contains some interesting tidbits, including the hourly rate the House will be paying, as well as a cap (although an adjustable one) on the fees to be paid to K&S.

Let’s take a look, shall we?

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Non-Sequiturs: 04.18.11

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Paul Clement (left) and John Boehner (right)

* House Speaker John Boehner and former U.S. Solicitor General Paul Clement, now at King & Spalding, have joined forces to fight marriage equality by defending DOMA. Talk about two people who will not be taking their talents to South Beach. [The BLT: The Blog of Legal Times]

* The tax returns of Barack Obama and Joe Biden have been made public. Notes Professor Paul Caron: “It’s amazing how much more politicians give to charity in years in which they know their tax returns will be released to the public (although Biden still tosses around gifts to charity like manhole covers).” [TaxProf Blog]

* Sorry, Chief Judge Kozinski: Winkelvii non quitum. [Fox News]

* DLA Piper promotes 53 lawyers to partnership. For the blue wedge, name all the offices that are getting new partners. [Am Law Daily; DLA Piper (press release)]

* If you were underwhelmed with OCI at your law school, a new service — JD Match, founded by law-firm consultant and blogger Bruce MacEwen — wants to try to match you up with employers ready to hire. [WSJ Law Blog]

* People keep acting like their law firms are hunting for associates expressing discontent. But law firms aren’t as paranoid as Roger Ailes. [Gawker]

* It’s always nice when our nation’s legal system comes to the defense of punk bands. [Los Angeles Times]

* It’s almost time for the anniversary of the historical basis for Texas thinking it’s better than everybody else. [The Defense Rests via Blawg Review]

* Happy Passover to everyone. Don’t forget your blowtorches. [Wall Street Journal]

Dean Caminker Digs In To Support Anti-Gay-Marriage Commencement Speaker At Michigan Law

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We told you yesterday that Michigan Law has decided to invite Sen. Rob Portman (R-OH) to speak to its 3L class for senior day. We told you that many Michigan Law students have objected to the choice of Senator Portman, because of his strong anti-gay rhetoric on the issue of gay marriage.

We told you that Michigan Law Dean Evan Caminker — the hottest law school dean in America, by the way — didn’t respond to our request for comment. We wondered, though, if he would dig in his heels against the LGBT community at his school, or if he would try to be sensitive to the concerns of minorities at his school who would like to enjoy basic civil rights.

Well, Dean Caminker decided to dig in, and in so doing kind of totally missed the point…

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Michigan Law School Invites Ohio Senator With ‘Anti-Gay Politics’ To Speak At Senior Day

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What’s more strange about that headline? That Michigan Law would invite a guy who stands against the civil rights of certain members of the Michigan Law community, or that Michigan Law would invite a representative from Ohio to speak to its outgoing students?

I’m going with the latter. Rob Portman graduated from the University of Michigan Law School in 1984, but he has gone on to become the junior senator from Ohio. Ohio! In related news, Bo Schembechler was born in Ohio and went to college at Miami of Ohio, but I don’t think he was ever the keynote speaker during an Ohio athletics Hall of Fame ceremony.

Sadly, the fact that Michigan invited a guy who has taken a strong stance against the civil rights of gay people probably isn’t that out of the ordinary. Sure, at some point these anti-gay-marriage people will look as tolerant as pre-conversion George Wallace in front of a desegregated schoolhouse. But right now these enemies of love get to walk among us as regular people.

Guys at my high school used to have ignorant and flawed views about gay people all the time. It was no big deal.

But some students at Michigan Law are trying to make it a big deal. And that’s pretty exciting….

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Matt Kluger, Ex-Biglaw Associate Charged With Insider Trading, Is A Gay Dad — and Once Sued Fried Frank Over It

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Matthew Kluger aka Big Gay Matt

“Aww, Matt, why do you have to go around giving us a bad name?”

Ever since Matthew Kluger was charged in a massive insider trading case, involving an alleged conspiracy that spanned 17 years and generated more than $32 million in profit, the foregoing question could be asked by many groups: Cornell grads, NYU law grads, Cravath lawyers, Skadden lawyers, and Wilson Sonsini lawyers.

Tonight we can add more groups to the list: Fried Frank lawyers, and gays — specifically, gay dads.

As reported by the Wall Street Journal earlier tonight, Matt Kluger worked at yet another major law firm: Fried Frank. After he was fired by the firm in 2002, he sued, claiming that partners there discriminated against him because he’s gay — and a father of three, with parenting responsibilities.

Just when you thought this case couldn’t get any weirder, it just did. Matthew Kluger is gay. And a dad. With three kids. Thanks for sending America such a positive image of LGBT parents, Matt!

Let’s take a closer look at Kluger’s suit against Fried Frank — and additional details about Matt Kluger’s complicated personal life, gleaned from ATL tipsters….

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Non-Sequiturs: 03.30.11

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* Some people regret going to law school; Rachel Kramer Bussel regrets not finishing. But she wound up at the same delicious destination as so many JDs, namely, cupcakes. [The Gloss and Cupcakes Take the Cake]

* Speaking of law school, Professor Dan Filler asks: Despite all the gloom and doom, is now actually an ideal time to apply? [The Faculty Lounge]

* Still on the law school beat, here’s the latest proposal from the LST gang on how to improve the reporting of employment outcomes. [Law School Transparency]

It's Britney, b**ch.

* Deal flow was fabulous in the first quarter of 2011 — and the M&A boom shows no signs of letting up. [Am Law Daily]

* Sue me baby one more time? Everyone wants a piece of her. [Radar Online]

* Bad news for same-sex, bi-national married couples confronting immigration issues. [Poliglot / Metro Weekly]

* A few law firms made this list of best 401(k) plans. [Bloomberg Businessweek]

* Here’s an interesting (and free) program coming up, “JD in the New Economy: Multiple Perspectives.” [West LegalEdcenter]

Non-Sequiturs: 03.28.11

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Professors Richard Epstein and John Yoo

* Over the weekend, while I was at the gym, I listened to this engaging and entertaining podcast, with Professors Richard Epstein and John Yoo. They discuss Libya, Obamacare, and — perhaps most interesting for ATL readers — the U.S. News law school rankings (around the 13-minute mark). [Ricochet (subscription); accessible for free for ATL readers over here (mp3)]

* Speaking of law professors and Libya, my friend and former co-clerk, Professor William Birdthistle, is writing an interesting series of posts about his childhood in that now war-torn land. The first appears here. [The Conglomerate]

* Joining the ranks of law professors: former Supreme Court shortlister Larry Thompson, who’s retiring as general counsel of PepsiCo and entering legal academia. [Corporate Counsel]

* Hey Raj Rajaratnam, look on the bright side: at least you’re not Barry Bonds. [Dealbreaker]

* A close and critical look at the PayScale salary data used by Forbes in its recent analysis of law school graduate salaries (as well as its ranking of “best law schools for getting rich”). [Constitutional Daily]

Ken Kratz wins 'The Prize' of no criminal charges.

* A post-mortem for Yoss LLP (formerly known as Adorno & Yoss), the once high-flying Florida law firm. [Daily Business Review (registration) via WSJ Law Blog]

* Former Wisconsin D.A. Ken Kratz, of “I am the prize” fame, won’t face criminal charges. [Milwaukee Journal-Sentinel]

* Good news for same-sex, bi-national married couples confronting immigration issues. [Poliglot / Metro Weekly]

* Adrian Dayton asks: Are referrals still more important than law blogs for developing business? [Marketing Strategy and the Law]

* Blawg Review #304 has a timely theme — “Spooked by Nukes” — as well as some cool photography. [Declarations and Exclusions via Blawg Review]