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Spokane, Washington  Est. May 19, 1883

Law firm decides to drop its defense of law against same-sex marriage

 WASHINGTON – A prominent Atlanta law firm, under pressure from gay-rights advocates, reversed course Monday and announced it would not lead the courtroom arguments in favor of the federal Defense of Marriage Act on behalf of House Republicans.

 The million-member Human Rights Campaign last week launched a publicity campaign to “shame” the firm of King & Spalding after it signed a $500,000 contract to defend the law.

 The law defines marriage as a union between a man and woman and denies federal benefits to same-sex partners. President Barack Obama decided in February not to contest legal challenges. The Human Rights Campaign said King & Spalding would suffer a “stain on its reputation” for defending it.

 But on Monday, the law firm issued a statement announcing its withdrawal from the case, even after its management approved the contract with House Republicans. “In reviewing this assignment further, I determined that the process used for vetting this engagement was inadequate,” said Robert D. Hays Jr., the firm’s chairman.

 Later in the day, the firm’s most prominent Washington partner, former U.S. Solicitor General Paul Clement, resigned from King & Spalding and said he would continue to defend the law.

 “Defending unpopular positions is what lawyers do,” said Clement, who worked for the administration of President George W. Bush. “The adversary system of justice depends on it, especially in cases where the passions run high.”

 The turn of events demonstrated the growing political power of the gay-rights movement. Major law firms place a high value on their reputations for diversity and non-discrimination. On its website, King & Spalding noted its 95 percent rating for gay-rights equality from the Human Rights Campaign.

 The firm’s abrupt withdrawal surprised some veteran Washington lawyers, who said they were not aware of a major law firm dropping a case because of bad publicity.

 “I don’t know of anything comparable to this. You have to be willing to stand your ground,” said Theodore Olson, a partner at Gibson, Dunn who was solicitor general before Clement.

Tribune Washington bureau