OUTLaw Response to LeGaL

Below is the email we sent to LeGaL (Lesbian and Gay Law Association of Greater New York) regarding the Vice President's public comments regarding the Sullivan & Cromwell issue and then his response to an email sent to him by an NYU alumn regarding the public comments. (FYI- We sent this letter to all NYC LGBT law student groups to sign on. Brooklyn Law said no, others failed to respond. Only Columbia answered in the affirmative, since we wanted to act expediently we went ahead and sent it out).

To Whom It May Concern:

We are writing to express our deep concern over remarks attributed to John Scheich, LeGaL's First Vice President, in recent media accounts of the sexual orientation discrimination complaint filed by Aaron Charney against Sullivan & Cromwell. In a January 18, 2007 ABC news story by Marcus Baram, it was reported that Mr. Scheich stated that "Sullivan Cromwell is far from prejudiced in any way" and that "I don't know Aaron Charney or the details of his case, but if I had to line up on one side or the other, I would have to line up with David H. Braff [an openly gay partner at the firm] and Sullivan Cromwell."

LeGaL's public stance on this matter is inappropriate and disturbing. Like Mr. Scheich, we are acquainted neither with Mr. Charney, nor the facts of his case. Like Mr. Scheich, we have absolutely no basis on which to speculate as to whether Mr. Charney's claim of discrimination is meritorious or frivolous. But (also, presumably, like Mr. Scheich), we are both mindful that anti-LGBT discrimination is a very serious problem, and aware that a firm that employs gay partners and contributes to organizations like LeGaL is not per se incapable of discriminating against its LGBT employees. As an organization whose members are concerned about the status of LGBT individuals in the legal profession, we therefore find it appropriate to withhold judgment on the veracity of Mr. Charney's allegations until the facts of his case are known.

We are baffled and disappointed by LeGaL's decision to do just the opposite by publicly serving as Sullivan & Cromwell's queer apologist. In light of LeGaL's self-described commitment to "[p]romoting the expertise and advancement of LGBT legal professionals" and "[e]ducating the public on legal issues facing LGBT people," it seems to fly in the face of your organization's principles to defend an employer accused of sexual orientation discrimination in the absence of any information whatsoever about the facts underlying the complaint. Sadly, this perplexing stance would appear to be clarified by Mr. Scheich's email response, dated January 19, 2007, to an alumnus of this law school who expressed his disappointment over LeGaL's uninformed defense of Sullivan & Cromwell. In seeking to justify his statements to the media, Mr. Scheich asked, "Who are we to believe? Mr. Charney who has never shown any interest in the gay legal community before this incident (he is not a member of LeGaL) or contributed to any of our programs as far as we know, OR Dave Braff, a member of LeGaL for over 20 years, also gay, and a big contributor to LeGaL in more ways than just money and buying a table at our annual dinner/dance. We would welcome you into membership at LeGaL and any contributions both financial and otherwise you might choose to make. Shall I have our Administrator send you a membership application?"

We are concerned by the implication of Mr. Scheich's response that LeGaL's seal of LGBT approval is for sale. As LGBT law students, many of us will soon be young associates at law firms like Sullivan & Cromwell. While we hope to be welcomed and supported by such firms, we are realistic enough to anticipate that some of us will likely encounter discrimination and bias, even at firms that hold themselves out as LGBT-friendly. If and when such unfortunate events happen, we hope that organizations dedicated to advancing the interests of LGBT professionals will be able to support and assist us. Mr. Scheich's eager defense of Sullivan & Cromwell—apparently predicated exclusively on his association with a single partner at the firm and the firm's financial support of LeGaL—raises very serious doubts about whether LeGaL would be willing or able to provide such support and assistance. Needless to say, such doubts diminish the interest any of us—all potential members of LeGaL—would have in contributing or belonging to your organization.

In the future, we hope and expect that LeGaL will respond to instances like Mr. Charney's allegations not by reflexively defending its financial contributors, but by taking the opportunity to inform people of the importance of tolerance and the dangers of discrimination.


Sincerely,

NYU School of Law OUTLaw
Nicholas Durham, Co-Chair
Ashanti Decker, Co-Chair


Columbia Law School Outlaws
Michelle Rutherford, President
Patrick Murphy, Vice-President