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Wed Jan 30, 2013, 11:27 AM

Is Paul Clement Trying to Throw the DOMA Case?


By David Weigel | Posted Tuesday, Jan. 29, 2013, at 12:13 PM ET

Probably not there's not enough money at stake here to make a Leopold-and-Bloom operation worth the risk. But his brief in United States v. Windsor (he's the attorney for House Republicans) is a cornucopia of unconvincing arguments. Ian Millhiser spotted this one first:

In short, gays and lesbians are one of the most influential, best-connected, best-funded, and best-organized interest groups in modern politics, and have attained more legislative victories, political power, and popular favor in less time than virtually any other group in American history.


As the saying goes, It Gets Better. Later in the decision, Clement cites one of Congress's original rationales for DOMA.

Congress recognized the basic biological fact that only a man and a woman can beget a child together without advance planning, which means that opposite-sex couples have a unique tendency to produce unplanned and unintended offspring. Congress sought to encourage the raising of such children by both their biological parents in a stable family structure.


That's what Congress said. Clement takes it further.

It is no exaggeration to say that the institution of marriage was a direct response to the unique tendency of opposite-sex relationships to produce unplanned and unintended offspring. Although much has changed over the years, the biological fact that opposite-sex relationships have a unique tendency to produce unplanned and unintended offspring has not. While medical advances, and the amendment of adoption laws through the democratic process, have made it possible for same-sex couples to raise children, substantial advance planning is required. Only opposite-sex relationships have the tendency to produce children without such advance planning (indeed, especially without advance planning).


Clement does not specify what "advance planning" means. But one of the ways gay couples find children to raise is by adopting them adopting children who are the unintended product of opposite-sex relationships. In all seriousness, did no one proofread this?

http://www.slate.com/blogs/weigel/2013/01/29/is_paul_clement_trying_to_throw_the_doma_case.html

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Reply Is Paul Clement Trying to Throw the DOMA Case? (Original post)
DonViejo Jan 2013 OP
Angry Dragon Jan 2013 #1
William769 Jan 2013 #2
Fearless Jan 2013 #3
Orangepeel Feb 2013 #4

Response to DonViejo (Original post)

Wed Jan 30, 2013, 11:31 AM

1. He has gotten his money ........... he has been paid $500,000

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Response to DonViejo (Original post)

Wed Jan 30, 2013, 11:48 AM

2. no.

He's just a fucking idiot.

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Response to DonViejo (Original post)

Wed Jan 30, 2013, 01:27 PM

3. To have kids in the Republican-led USA

You need to have a complete lack of planning and accidentally knock up your girlfriend. Gotcha. What's wrong with these people?

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Response to DonViejo (Original post)

Sat Feb 2, 2013, 01:01 AM

4. Well, what could he say?

He shouldn't have sold his soul to take the case, but once he did, he had to say something. This argument is stupid, but so is anything else he could have come up with. There is no non-stupid argument in favor in DOMA.

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