Posted on 07/28/2005 12:14:19 PM PDT by Extremely Extreme Extremist
Attorney General Peg Lautenschlager asked a judge on Wednesday to dismiss a lawsuit seeking benefits for the domestic partners of gay and lesbian state workers.
Lautenschlager, a Democrat who personally supports domestic partner benefits, has been accused by conservative lawmakers of not vigorously defending the state against the lawsuit brought by six lesbian employees and the American Civil Liberties Union.
The criticism increased after news that Lautenschlager appeared at a gay pride rally in Madison alongside the ACLU lawyer handling the case and two of the plaintiffs.
The lawsuit seeks state-funded health insurance for the domestic partners of gay employees, as well as changes to the state's family and sick leave policies.
Lautenschlager's spokesman, Kelly Kennedy, said Wednesday that the brief asking Dane County Circuit Judge David Flanagan to rule in the state's favor shows the Department of Justice is forcefully defending the state.
"The attorney general's political opinion on something is completely separate from our defense of the state's interests in this case, and that is clear by the motions we filed today," Kennedy said.
Rep. Mark Gundrum (R-New Berlin) said Lautenschlager was responding to criticism that she was being soft in this case.
The brief notes that a state appeals court in 1992 ruled that Wisconsin's refusal to offer gay workers the same benefits as their married colleagues did not violate the Wisconsin Constitution's equal-protection clause.
Goldschlager is at it again.
I'm sure she's going to vigorously defend the "state's interest" during this case.
/sarcasm
Thanks for the ping. I brought your article link over here because it was WELL worth reading! :)
PEG LAUTENSCHLAGER'S JOB is to represent law and order in Wisconsin, and defend the state against challenges.
She's 0 for 2.
The Democrat attorney general earlier was busted for drunken driving - in a state-owned vehicle, no less. She should have resigned then.
Now she is called upon to defend the state in a civil case brought by six lesbians, who are demanding Wisconsin taxpayers pick up the tab to extend employment benefits for their domestic partners. Confidence in her representation should not be high.
A FEW DAYS AGO, Lautenschlager appeared at a Madison gay and lesbian pride rally. The attorney general was one of the speakers, advocating for gay rights. Her speech followed comments by the legal director for the American Civil Liberties Union _ opposing counsel in the civil case _ and two of the plaintiffs in the matter Lautenschlager is supposed to defend.
She refuses to acknowledge that her appearance was inappropriate, and continues to claim she can separate her personal views on such matters from her duty to defend the state.
That's ridiculous. Who knowingly would hire a lawyer who gives every indication of supporting the other side?
AT THE VERY LEAST, Lautenschlager's gay-rights advocacy at the rally - with this case pending on her calendar - demonstrates bad judgment and a tin ear for public opinion. Apparently, she has not learned a fundamental rule of politics: It is not enough to avoid a conflict of interest, one must also avoid the appearance of a conflict.
No argument, Lautenschlager has a right to her own opinions. Every American does. And she has the right as an elected official to pursue political action to create public policy changes. In fact, she could run for the Legislature and work directly to pass new laws.
But when she is acting as the state's lawyer in a pending case, she must at least maintain the impression of being on the side she's paid to represent. She cannot be seen as a political supporter of her legal opponents, all the while expressing shock anyone might doubt her courtroom loyalties. The only reasonable thing for Lautenschlager to do now is step aside on this case.
Meanwhile, with an election approaching next year, Democrats have got to be asking themselves: Is Peg Lautenschlager the best we can do?
(Well, they thought Kerry was, LOL!)
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