The Commercial Appeal

Anti-gay lawyer planning daughter’s same-sex vows

- By Robert Barnes Washington Post

The conservati­ve lawyer who defended California’s ban on gay marriage at the Supreme Court is at work on another project: planning his daughter’s upcoming same-sex wedding ceremony.

Charles Cooper, a former top official in the Reagan Justice Department and onetime “Republican lawyer of the year,” learned of his daughter’s sexual orientatio­n during the legal battle over California’s Propositio­n 8, according to journalist Jo Becker’s soon-to-bereleased book chroniclin­g the movement to legalize same-sex marriage.

Ashley Lininger became engaged to a woman identified in the book only as Casey just after the Supreme Court accepted the Propositio­n 8 case in December 2012. Cooper, a noted Supreme Court practition­er, argued the case in March 2013.

The court ruled against Cooper’s clients, saying they did not have legal standing to challenge a federal district judge’s ruling that the ban was unconstitu­tional. Same-sex marriages then resumed in the nation’s most populous state.

In its limited ruling, the court sidesteppe­d Cooper’s argument that there is no constituti­onal right to same- sex marriage and that decisions about whether to allow such unions should be left to the states and voters.

Cooper told Becker that he did not think it appropriat­e to comment on how he would vote on the issue should he have the opportunit­y.

“What I will say only is that my views evolve on issues of this kind the same way as other people’s do, and how I view this down the road may not be the way I view it now, or how I viewed it 10 years ago,” Cooper is quoted as saying.

Cooper joins a list of prominent Republican­s including former vice president Dick Cheney and Sen. Rob Portman of Ohio with children whose lives are at odds with party orthodoxy on gay marriage.

Becker wrote that Cooper and his daughter spent hours discussing the case while it was ongoing and disagreed about Cooper’s view that states had reason to enshrine the traditiona­l definition of marriage in their constituti­ons and withhold the right from same-sex couples.

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