Profile in courage -- Jack Conway, Kentucky AG

In the last post on this topic (03-20-14), I said that some state attorneys general are declining to defend these laws banning gay marriage that are being overturned by federal judges.  These include California, Illinois, Oregon, Nevada, New Mexico, Pennsylvania, and Virginia.    A federal judge has struck down that part of Kentucky's ban that prohibits the state from recognizing or providing benefits to those legally married in other states;  but the ban on gay marriage itself stands.

In announcing that he would not defend the law that was over-turned, Kentucky's Attorney General Jack Conway said: 

"I came to the inescapable conclusion that to [defend the law] would be defending discrimination.  That I will not do."

Conway later told Time magazine that:

“I am sworn to uphold the Kentucky Constitution and I am sworn to uphold the U.S. Constitution."   This wasn’t the first time, Conway said, that he was asked to defend a policy that he personally opposed. But he said being asked to use his office to deny Kentucky’s gay citizens equal protection under the law was something he simply couldn’t do.  “Once I reached the conclusion that the law was discriminatory, I could no longer defend it."

Conway's decision could have political implications for him in conservative Kentucky, where he reportedly plans to run for governor in 2015.  “I would be disingenuous with you if I didn’t say that I at least was thinking about it. . . . but it wasn’t the overriding consideration.”

To do this in as conservative state as Kentucky and put your political future in jeopardy, is indeed an act of courage and principle.  But I think there's more to it, in Conway's case.  In a video clip of his announcement, Conway had to struggle to hold back tears and regain control of his emotions.   It seemed obviously more personal than political.   Perhaps someone close to him is gay, which is so often the case.   Or maybe we're now getting to the place where it's just easier to do what is right.

There's also the issue of a lawyer's obligation to defend his client, the client here being the people of Kentucky who passed the law.   Conway said this:

"But there is also a separate ethical canon for prosecutors and elected officers.  Yes, you must provide zealous representation for your client.   But you have a higher duty to see that justice is done. . . .  From a legal standpoint I draw the line at discrimination."

 

Bravo, Jack Conway, whatever your personal reasons for doing the right thing.   At 44, already in his second term as AG, Conway has a bright political future.  He is smart, articulate, very attractive, and a highly qualified Duke Law School graduate.   He was the Democratic nominee who ran for the Senate against Rand Paul in 2010.  What a different political landscape we would have now if he had won instead of Paul.    If he had already been in the governor's job for a while, I'd be putting him on a list of possible VP running mates for Hillary.

Even so, I'm hopeful that we're about to see a swing back to the Democrats in the South -- with Jack Conway and Alison Lundergren Grimes in Kentucky and Jason Carter and Michelle Nunn in Georgie leading the way.

Ralph