AG challenger won't target LGBT civil rights

Despite his "personal opinions," Republican candidate for Attorney General Jim McKenna says he won't go after same-sex marriage, DOMA challenge if elected.

In an unexpected turn of events, Republican James P. McKenna kicked off his campaign for Massachusetts Attorney General on Sept. 29 after receiving more than 10,000 votes as a statewide write-in candidate in last month's primary. McKenna is challenging incumbent Martha Coakley in the race for Attorney General.

The future of what is perhaps Coakley's most well known LGBT civil rights case -- the state's challenge of the federal "Defense of Marriage Act" (DOMA) -- will be in the hands of the winner this November. Judge Joseph Tauro, of the U.S. District Court in Boston, ruled July 8 in Coakley's case -- Commonwealth of Massachusetts v. Health and Human Services -- that Section 3 of DOMA is unconstitutional and violates the Tenth Amendment.

The Department of Justice filed an appeal on the last day they could do so -- Oct. 12 -- in both the state challenge and a separate challenge filed by Gay & Lesbian Advocates & Defenders (GLAD), Gill v. Office of Personnel Management. Coakley's office expects that the appeal will be docketed within a matter of days, and a series of briefs will be filed by each side. Oral arguments are expected in early spring.

McKenna told Bay Windows that he wouldn't stand in the way of the case, should it proceed. "I am prepared protect the Commonwealth and all of our people to the best of my ability," he said in an e-mail. "Should the DOMA case go to appeal, as an impartial and fair Attorney General, I would let the case continue, allowing the higher courts the opportunity to come to a decision on this important matter."

Laura Keehner Rigas, a spokesperson for McKenna, confirmed to Lisa Keen of Keen News Service that McKenna would defend the state's DOMA challenge. "[A]s an impartial and fair Attorney General he would vigorously defend this case, allowing the higher courts the opportunity to come to a decision on this important matter," she said. "He will defend, enforce, and uphold all Massachusetts laws and, if necessary, fight in court those that are inconsistent with federal laws, including the DOMA case."

The former Worcester County Assistant District Attorney said that despite "personal views," he does not intend to challenge LGBT civil rights in Massachusetts. "We've all had the chance to see Massachusetts with same-sex marriage as an option. My opinion is five years later we are the same Massachusetts," he said. "I am just another guy trying to do what is right in this world, and yes, of course I have my own personal views.

"However, as a lawyer and a professor of ethics, I know that the rule of law is bigger than any of our personal views. I know I will uphold our laws with fairness and objectivity as your next Attorney General. And I pledge I won't work to change the law when it comes to social issues like same-sex marriage and abortion."

McKenna's campaign knows a thing or two about going up against Coakley; three of his top advisers were members of Scott Brown's successful campaign against Coakley for State Senate. The Boston Globe reported Sept. 29 that Rob Willington was Brown's new media director; Peter Fullerton was Brown's political director; and Beth Lindstrom was Brown's former campaign manager. All have joined McKenna's effort for Attorney General.

"She's still the same Martha the voters rejected last January [in the special election]," Lindstrom said in a statement.

Corey Welford, a spokesman for Coakley, said that the announcement of McKenna's acquisition of Brown veterans was a publicity stunt. "The only thing that matters in this race is the record and qualifications of the candidates," he said in a statement, "not political consultants."

Coakley's camp touted the AG's history in defending LGBT civil rights for Massachusetts citizens. "We filed our DOMA lawsuit to protect the rights of married same-sex couples," Coakley said in an e-mailed statement. "Protecting the rights of the people of Massachusetts is not new policy. It's a core responsibility of the Attorney General.

"Because of this discriminatory federal law, certain Massachusetts families are deprived essential rights and protections that all other families enjoy and count on. An essential function of the Office of the Attorney General is to ensure equal protection under the laws for the people of Massachusetts. DOMA, with its more than 1,000 applications in the federal code, is a severe impediment to equality and an affront to the dignity and well-being of gays and lesbians in the Commonwealth."

Coakley's e-mail included a pledge to the LGBT community to continue being a legal, political, and social advocate.

"As Attorney General, I've worked hard to protect LGBT victims against discrimination across a variety of areas," Coakley wrote. "In housing, hate crimes, employment, and public accommodation, my office has brought investigations and cases to ensure that LGBT people receive equal treatment under the law, and I've supported legislation to amend our hate crime and anti-discrimination laws to protect transgender persons, to repeal DOMA and to end employment discrimination based on sexual orientation under federal law. These are important civil rights issues and I will continue to take steps to ensure equal treatment under the law."

In his e-mail to Bay Windows, McKenna included a message for his would-be LGBT constituents attacking Coakley's history as Attorney General and promising changes. "I will be a fair and objective Attorney General, something we've been lacking with Martha Coakley," McKenna wrote.

"Instead, Martha has proven herself to be the Queen of Political Payback. She took tens of thousands in contributions from the executives at Caritas Christi Healthcare and turned around to approve their sale to a for-profit New York City private equity firm. The President of Cape Wind Associates gave Martha's political committee the maximum donation of $4,800, and she turned around and approved exorbitant rates for Cape Wind, costing the ratepayers tens of millions in increased bills."

Coakley's and McKenna's first debate -- and first face-to-face meeting -- took place on Thursday, Sept. 30. The Associated Press reported that McKenna was "evasive" during the debate when asked about his views on same-sex marriage, and told reporters after the debate that he doesn't oppose same-sex relationships between consenting adults.

MassEquality's Political Action Committee (PAC) announced their endorsement of Coakley for Attorney General on Oct. 12. "The only way we will be successful in advancing equal opportunities for LGBT people from cradle to grave -- in schools, in marriage and family life, at work and in retirement -- is by electing candidates who understand the importance of working for all citizens of the Commonwealth, including LGBT citizens," said Kara Suffredini, Executive Director of MassEquality.