A major law firm has caved to pressure from militant homosexual activists, and one of America’s top Supreme Court lawyers resigned from that firm rather than abandon principle. That lawyer is former U.S. Solicitor General Paul Clement, and this is a story that everyone who values the rule of law needs to understand.
In 1996, a bipartisan majority of the Republican-controlled Congress passed the Defense of Marriage Act (DOMA), signed into law by Democratic President Bill Clinton. The law specifies that for purposes of federal law, marriage is the union of one man and one woman. The law also provides that if any state breaks with 2,000 years of Western civilization by redefining marriage to include homosexual couples, no other state need recognize those unions.
Then some people started redefining marriage. In 2003, Massachusetts became the first state to do the same through an egregious instance of judicial activism. Today, a total of five states out of fifty have same-sex marriage.
Predictably, some activists challenged DOMA in federal court.
The U.S. Department of Justice (DOJ) has a duty to defend every federal law in court. The only exceptions are for laws that undermine the president’s power (and even then, DOJ sometimes defends it) or for laws where no reasonable argument can be made defending that law.
Earlier this year, Attorney General Eric Holder announced that DOJ would no longer defend DOMA because he and President Barack Obama believe that there is no rational basis for the law. This is shocking, because President Obama is speaking out of both sides of his mouth, saying that he still believes marriage is the union of one man and one woman.
Let’s make sure we have this right: Marriage is between a man and a woman, but any law saying that is so irrational that it cannot be defended in court. It seems President Obama is either schizophrenic or disingenuous.
Thankfully, the U.S. House of Representatives took up the defense of DOMA. To do so, they retained former U.S. Solicitor General Paul Clement—now a partner at King & Spalding—to defend the law in court.
In response, a militant homosexual-agenda group, the Human Rights Campaign, took the disgraceful action of organizing a nationwide boycott of King & Spalding and tried to discourage graduating law students from working there.