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Nick Tarasen
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I think this is a highly uncharitable view of the position of these advocacy groups. First and foremost, they're advocacy groups whose primary goal is to change the U.S. discourse to a point to where it is simply a morally indefensible position to defend this type of discrimination. Why is it wrong for them to move our discourse in that direction? The point isn't that they can't -- the point is, they shouldn't, particularly when they call themselves a gay-friendly firm. Every client may deserve a defense -- but not every law or policy does. That same logic would seem to suggest that the AG's decision not to defend was wrong in the first place. Secondly, the by far most objectionable part of this agreement was the "gag rule" that it included -- the representation agreement prevented ANY employee of King & Spalding ANYWHERE from supporting the repeal of DOMA. This is not only plainly in violation of the laws of the state of CA and NY, but also potentially in violation of sexual orientation non-discrimination laws. And it's reprehensible for King & Spalding to have agreed to it.
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Apr 2, 2011