Talk:George Davidson (attorney)

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Notability

I've removed the PROD template. I believe that the Presidency of the Legal Aid Society (for which I have provided a reference) and the assertion of other notable positions held (which I have not had time to source today) indicate that the subject of this article meets the notability guidelines. If others disagree, I suggest it goes to Articles for Deletion.--Plad2 (talk) 08:39, 31 October 2010 (UTC)[reply]

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Discussion on Removal of Edit Re: USSC Case Representation

Hi @Maltice and fellow contributors,

I am writing to discuss a recent edit I made to the article concerning the USSC case that Davidson argued. I noted that "Davidson defended the anti-gay practices of the Boy Scouts of America." This addition was removed with the reasoning that "Legal representation is not equivalent with personal endorsement." I understand the principle behind this rationale but, my intention was to factually state his professional involvement in the case.

This can be nuanced but lawyers often choose clients and cases based on personal beliefs or step aside when they are misaligned, e.g. withdrawal for cause. This doesn't necessarily equate to endorsement but does speak to the larger context. For example, some lawyers have declined to represent certain figures or causes due to personal convictions, while others might align more closely with the clients they choose to represent. Since this was a non-criminal cases there wasn't a constitutional guarantee for representation.

To avoid any misunderstanding, would it be better to revise the statement with a direct citation from the USSC syllabus? For instance: "Davidson defended the Scout's position that 'homosexual conduct is inconsistent with the values embodied in the Scout Oath and Law, particularly those represented by the terms "morally straight" and "clean."[1]

That would factually represent Davidson's professional stance without inferring his personal beliefs. However I believe it's important to reflect the specifics, especially in areas that have had significant cultural and legal impact.

I invite @Maltice and others to discuss this matter further so we can reach a consensus on how best to represent this information in the article accurately.

Best, Jamesdale101 (talk) 19:53, 23 December 2023 (UTC)[reply]

Hi @Jamesdale101. Thank you for the thoughtful response. I'm sorry that I may have used the reversion tool hastily or been flippant in my edit summary. My disagreement boils down to not having a source speaking to his personal motivation for taking on the case. The fact that lawyers are often selective about clients is not enough to imply that this lawyer was in this case. It is possible that either:

1) He did not agree with the "clean/morally straight" reasoning, but took the case because of the first amendment grounds in the case's argument

2) He does not personally agree with those first amendment grounds, but took an arguable case for the money

Without having a source that speaks to his motivation, it would be editorializing to infer any rationale. Between the original edit and the suggested compromise I feel the original edit is better. Saying that he defended the reasoning that "morally straight" means heterosexual only implies further agreement. It also doesn't acknowledge the legal basis for the appeal. The appelants did not argue, and the court didn't rule on the validity of that interpretation, only that the organization was expressing an opinion through its policies. This is one possible reason a lawyer might have taken that case, it may or may not have been his reasoning.

I feel that the goal of accurately representing his professional involvement is accomplished simply by stating "Davidson represented the BSA in BSA v. Dale", with a link to that case for further information. Giving further details about the controversial and unattractive past positions of the BSA only serves to paint Davidson as a figure on the wrong side of history.

However, I acknowledge I'm focusing too much on this point while the rest of the article reads like a testimonial. You offered a compromise solution, mine is to replace this paragraph:

"A respected litigator, Davidson has been involved in many landmark cases, including his 2000 victory before the Supreme Court in Boy Scouts of America v. Dale, where Davidson represented the Boy Scouts of America"

with this paragraph:

"Davidson represented the Boy Scouts of America in the landmark case Boy Scouts of America v. Dale, where the appellants argued that excluding openly gay scout leaders implicated the First Amendment" (Then citing to the existing sources, as well as the oral argument on Oyez)

Also, I can't help but ask given your username if by any chance you are the James Dale who is the Scoutmaster in the case. Not a big deal if so, but the guideline is just to make a note of it before editing.

Thanks for your time, Maltice (talk) 04:33, 24 December 2023 (UTC)[reply]