DOMA, DADT, and the Duty to Defend: A Conversation

18-Oct-2010

Many in the progressive community have noted the awkward situation faced by the federal government in litigation such as Log Cabin Republicans v. the United States (a constitutional challenge to “Don’t Ask, Don’t Tell”) and Gill v. Office of Personnel Management (a constitutional challenge to Section 3 of the Defense of Marriage Act). In each case, the federal government has been called to defend (and has defended) in federal court a law for which President Obama has publicly expressed his disapproval. These federal court suits can serve as conversational vehicles to explore larger questions about the federal government’s duty to defend laws that remain on the books. Speakers include Walter E. Dellinger III, former U.S. Solicitor General, Nan Hunter, Professor of Law at Georgetown University Law Center, and Neil Kinkopf, Professor of Law at Georgia State University College of Law. Co-sponsored with the American Constitution Society for Law and Policy.