Gay

Shirvell Won’t Shrivel: Former Michigan Prosecutor Turns It Around on Chris Armstrong

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Andrew Shirvell (far right) and Chris Armstrong

Here’s a quick update on a past Lawsuit of the Day. Last month, Chris Armstrong, the openly gay ex-president of the University of Michigan student body, sued Andrew Shirvell, the former Michigan assistant attorney general and outspoken opponent of homosexuality. As you may recall, Shirvell criticized Armstrong in a blog called Chris Armstrong Watch, making allegations that according to Armstrong were false, and Shirvell also followed Armstrong around Ann Arbor. So Armstrong sued Shirvell for stalking, invasion of privacy, and defamation (among other claims).

Now Andrew Shirvell is firing back. Last week, Shirvell, proceeding pro se [FN1], moved to dismiss Chris Armstrong’s lawsuit.

Not surprisingly, Shirvell claimed in his motion to be a victim: “Plaintiff’s course of conduct was politically motivated and intended to make an example out of Defendant in order to deter others from criticizing Plaintiff’s homosexual activist agenda.” More specifically, Shirvell argued that certain counts of the Armstrong complaint fail to state claims upon which relief can be granted, that Shirvell’s criticism of Armstrong was protected by the First Amendment, and that Shirvell never had direct contact with Armstrong (e.g., by email or by phone).

In addition, Shirvell lodged some counterclaims against Armstrong. What is the basis for Shirvell suing Armstrong?

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Michigan Law Commencement Walkout

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What an awesome venue. They should try playing football there or something.

Well, Michigan Law Dean Evan Caminker got what he wanted: Ohio Senator Rob Portman addressed gradating 3Ls, at senior day. But conscientious members of the Michigan Law community didn’t have to stomach it if they didn’t want to. There was a walk-out during Portman’s speech, and some reports claim that over 100 students (out of 400) joined in.

Michigan students who support civil rights and marriage equality should feel proud. They’ve brought national attention to this issue. And they did so without “ruining” graduation for anybody else. There’s video of the walk-out up on Perez Hilton, and it doesn’t appear that the protesting Michigan students were unduly disruptive to those who wanted to hear Portman speak.

While it is sad to see the class split like this, perhaps the Michigan administration will invite a less divisive speaker next year. Given the position Michigan Law put its LGBT community in, I’m not sure how this could have turned out much better…

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Judge Calls Defendant ‘Gayer Than a Sweet-Smelling Jock Strap’

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Judge Philip Kirk

On Monday, Judge Philip Kirk of Wisconsin sentenced Delton D. Gorges, a 71-year-old former bus driver, to seven years in prison. Gorges was convicted on charges of sexually assaulting boys, after pleading no contest.

Judge Kirk had some odd words for the defendant at sentencing. Most notably, he told Gorges: “I think you were born gayer than a sweet-smelling jock strap.”

(I’m sorry, but is anyone else finding this transcript a little titillating? Maybe even Judge Kirk?)

Judge Kirk — today’s Judge of the Day, naturally — also expressed skepticism toward Gorges’s claim of heterosexuality: “I think that if anyone believes that in the last 10 years or 15 years all of a sudden you developed an interest in homosexuality and young boys, then I must have looked ravishing in my prom dress this year.”

(Well, Your Honor, you do wear a little black dress — well before the start of cocktail hour.)

Okay. Can we get some context up in here?

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Wei To Go (and Testify Against Dharun Ravi)

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Molly Wei, the pretty ex-Rutgers student who was charged with two counts of invasion of privacy in the Tyler Clementi case, has reached a deal with the prosecution. Wei, 19, has been admitted to a pre-trial intervention program that could result in the charges against her being dismissed.

What does Wei have to do as part of the PTI program?

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Quotes of the Day: When Ken Cuccinelli and the New York Times agree you screwed up, you screwed up.

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King & Spalding’s willingness to drop a client, the U.S. House of Representatives, in connection with the lawsuit challenging the Defense of Marriage Act (DOMA) was such an obsequious act of weakness that I feel compelled to end your legal association with Virginia so that there is no chance that one of my legal clients will be put in the embarrassing and difficult situation like the client you walked away from, the House of Representatives.

– Virginia Attorney General Ken Cuccinelli, in a letter firing the law firm of King & Spalding.

A second quote of the day, from the New York Times, after the jump.

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Closing the Loop on Michigan: Rob Portman Is Speaking, But I Bet This Won’t Happen Again

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Michigan Law Dean Evan Caminker has issued what appears to be his final decision about the Rob Portman fiasco. The Dean has listened to all the relevant constituencies and decided that pulling Rob Portman might cause more long term harm. And so Portman is going to be allowed to speak. Dean Caminker announced this in a letter to concerned Michigan Law alumni.

Maybe Dean Caminker is right. I mean, look at what’s happening with King & Spalding. And, to my mind, a big Senior Day protest involving LGBT and straight students at Michigan Law will really show the community just how many people support the cause of equal human rights. So some good may still come out of all of this.

But perhaps the most important thing that has happened here is that Michigan Law and Dean Caminker have learned a lesson about just how far outside the mainstream the anti-marriage-equality people have strayed. This issue seems to have moved beyond our normal partisan debates about debt ceilings and which sovereign nation we should be meddling in this week. This issue is starting to transcend, and I bet Michigan will remember that next year….

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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).

Tyler Clementi’s Roommate, Dharun Ravi, Indicted on 15 Counts

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Tyler Clementi (left) and Dharun Ravi (right)

They really threw the book at this kid.

Last September, Rutgers freshman Tyler Clementi jumped off of the George Washington Bridge after his roommate, Dharun Ravi, surreptitiously recorded and then broadcast footage of Clementi hooking up in his room with another man.

Clementi’s death touched off an important national conversation about the bullying of gay teens and the need to reach out to them so they don’t feel so isolated. If anything good can come from Clementi’s suicide, it will be to make people commit to helping gays and lesbians as they struggle through adolescence and young adulthood in sometimes hostile communities.

Unfortunately, it doesn’t appear Tyler Clementi will be the only martyr for this cause. No, there are some people hellbent on making sure that another young life is effectively ruined, and some of those people work for the state of New Jersey.

Charges flowed out of the grand jury today for Clementi’s roommate and “tormentor,” Ravi. Based on the allegations in the indictment, you’d think Ravi had been running for the Republican nomination for President instead of acting like an 18-year-old college freshman…

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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]