Bench Memos

Re: The King & Spalding Skedaddle

One more for today . . . I almost forgot to mention that in my Public Discourse essay today, I praised the editors of the L.A. Times and Washington Post for slamming the Human Rights Campaign for its thuggish intimidation campaign against King & Spalding, which was so sadly successful.  But I didn’t mention the New York Times, for the very good reason that its moral sense is sadly deficient.  In its editorial yesterday, it scolded K & S for failing to “resist political pressure from the left” to abandon the DOMA case.  But the Times could not bring itself directly to criticize those responsible for that pressure, nor even to name the guilty party, the Human Rights Campaign.  It seems that even when they are largely responsible for inducing others to act badly, the advocates of same-sex marriage can themselves do no wrong in the pages of the Times.

And today, just in case the editors might even have implied anything shady in those ideological precincts, they give us the blithe musings of Dale Carpenter, same-sex marriage champion, on how nice it is to have so easily cowed the elite ranks of the legal profession.  Oh, sorry, that’s not his story.  He claims that “[t]he decision [of K & S] cannot be dismissed simply as a matter of political correctness or bullying by gays.”  Yes, there must be good and upright reasons for such a headlong flight from ethical obligations. . . .

Matthew J. Franck — Matthew J. Franck is the Director of the William E. and Carol G. Simon Center on Religion and the Constitution at the Witherspoon Institute in Princeton, New Jersey.

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