Readers of Above the Law aren’t the only people interested in Supreme Court clerk hiring. Televangelist Pat Robertson — a graduate of Yale Law School, and winner of our reader poll for YLS’s most disgraceful graduate — recently wondered if Justice Anthony Kennedy might have been swayed by gay law clerks when he struck down part of the Defense of Marriage Act.
(We’re everywhere! Even the Vatican!)
For the record, I don’t know the sexual orientations of Justice Kennedy’s outgoing law clerks — well, not all of them — and I don’t intend to go digging for such info. But in fairness to Robertson, before you yell at him for making a big deal out of gay SCOTUS clerks, please note that the topic has made headlines recently. Indeed, it would be interesting to look back on his historic Term for gay rights from the perspective of a lesbian or gay clerk. Perhaps we’ll hear from such a clerk in the future (although the absence of leaks about the big rulings suggests that this group is an impressively tight-lipped bunch).
If I were selected to serve as a law clerk to a justice of the United States Supreme Court, I would be gay — as in very, very happy. Let’s look at the brilliant young lawyers who have been hired as SCOTUS clerks for the next two Terms of the Court….