LEWISTON – The man who led the 1998 investigation into former President Bill Clinton’s affair with Monica Lewinsky came to Bates College Wednesday night to talk about same-sex marriage, and the law that makes it illegal.
In the 90 minutes that Kenneth Starr spoke and answered questions, not once did he or his full-house audience raise the famous report Starr wrote that led to Clinton’s impeachment. The topic stayed on marriage – traditional versus gay.
The former federal independent counsel exhibited a friendly demeanor as he spoke Wednesday night, complimenting Maine and Bates students. As the states decide to allow or forbid same-sex marriage, it’s important that decisions are made by the democratic process, not by the courts, Starr said.
“Let the conversation go on. Let the debate go on,” said Starr, a former judge. Don’t substitute the judicial review for the democratic process unless lawmakers have taken leave of their senses, he said.
Starr recounted how 10 years ago the Defense of Marriage Act (DOMA) was passed by Congress and signed by Clinton. Section 2 of that law defines marriage as the union of one man and one woman.
He predicted that, nationally, DOMA will stay. “Every state that has considered this has embraced the idea of Section 2. But the conversation is going on. I think that’s healthy.”
When a Massachusetts court ruled to legalize gay marriage on the grounds that not doing so would violate the state Constitution, Starr pointed out that Massachusetts now has two definitions of marriage: one state, one federal.
In California, a 2000 referendum where voters decided against gay marriage, is being challenged in court, Starr said. When asked by anti-gay-marriage leader Paul Madore of Lewiston what the California court will do, Starr predicted it will not strike down what voters decided. One reason is because “the people spoke with such clarity,” a 62 percent margin.
Starr stayed away from personally saying whether he opposed or favored gay marriage. But more than once quoted others who said marriage should be between one man and one woman.
One woman in the audience finally asked: “Are you against gay marriage?”
Starr wouldn’t say.
“I’m talking about the process,” he said. If he had to make a decision on that question, he’d have to think about it, Starr said.
The woman said she was brought up with the belief that marriage was a religious act. She questioned why it would be OK to deny that right to people who want same-sex marriage. Aren’t marriages outside of religion mere civil contracts? she asked.
Starr agreed that traditionally, marriage is a social or religious arrangement. He disagreed that marriage is only a civil contract. Unlike legal contracts, marriages can only be annulled in a few instances, such as if one spouse did not tell the other he or she is sterile. “Marriage is not like a contract. It is given super protections in the law.”
Starr is dean of the Pepperdine Law School in California. His visit was sponsored by the Bates College Republicans.
Comments are no longer available on this story