Gay Rights

Gay Rights

Current Events Essay


WASHINGTON -- The lead lawyer, Paul Clement, for the Atlanta-based King & Spalding law firm officially announced his resignation from the firm after the firm’s chairman announced their withdrawal from the Defense of Marriage Act (DOMA) case.   Paul Clement, who was a top partner at the firm, wrote in a letter, "I resign out of the firmly held belief that a representation should not be abandoned because the client's legal position is extremely unpopular in certain quarters. Defending unpopular clients is what lawyers do." He will now defend the statute for another law firm located in Washington.   The firm’s chairman claimed to have, “inadequate,” representation required to continue their defense in the case. The Defense of Marriage Act was passed in 1996 by the GOP-controlled Congress and signed into law by President Bill Clinton. It bars federal recognition of same-sex marriages and says states cannot be forced to recognize such marriages allowed in other states.   Currently today there are only five states that legally allow same-sex marriages   -- Connecticut, Iowa, Massachusetts, New Hampshire, and Vermont -- and in the District of Columbia.
Essentially, gay rights supporters are taking the federal government itself to court.   Supporters claim the act is, “unconstitutional,” and ought to be repealed.   What is striking about this case in particular is that government, internally, is at odds.   The Obama administration announced earlier this year that it believed the DOMA to be, “unconstitutional,” as well.   Whereas, the House of Representatives is responsible for defending that which is already in place; not requiring states to allow same-sex marriage.   House Speaker John Boehner said that with the Justice Department not participating, he had, “no choice” but to lead the effort in the defense of the law.
My interest in this issue is based on a strong belief that same-sex marriage should not be legalized in any...