For a more in-depth look at the fight for marriage in California, I’ve interviewed Matt McReynolds, an OBCL alumnus and attorney with the Pacific Justice Institute.
OBCLAA: Why is the Prop. 8 trial important for California?
McReynolds: The trial is important on a number of levels, including (but certainly not limited to) the future of democracy in California. In essence, the plaintiffs are proposing that, even after decades of civil rights advances, we cannot trust ordinary voters to decide what the basic principles of equality do and do not mean. Instead, we are told, only the privileged few in black robes can be trusted to define equality. The trial is also important in that the plaintiffs are presenting a mountain of evidence that arguably relies heavily on the emotion and sensitivities of the LGBT community to interpret constitutional principles. We’ve come a long way with the “elastic” Constitution, but this seems to be stretching our founding document in an entirely new and untested direction, with highly unpredictable consequences for future interpretation of other constitutional provisions.
OBCLAA: Tell us about your work on Prop. 8 before it passed.
McReynolds: During the Prop. 8 campaign, my firm and I spent a considerable amount of time counseling countless pastors and church leaders throughout California as to their rights to be involved in the campaign. There is a common misperception that churches and other 501(c)(3) organizations cannot take a position in any political campaign. In reality, while non-profits may lose their tax-exempt status for supporting or opposing particular candidates or political parties, they enjoy considerable freedom to speak out about ballot initiatives and legislation. To perhaps state the obvious, the involvement of these churches became crucial in the campaign.
After the campaign was over, and we began to see acts of physical violence, intimidation and vandalism against churches and individuals that had supported Prop. 8, my firm and I advised pastors and churches as to their rights and protections under the FACE acts and similar laws.
OBCLAA: Have you been involved in the Prop. 8 litigation? If so, how?
McReynolds: Yes, I think it’s safe to say that PJI has been involved with every phase of the marriage battles in California for the last decade, from the passage of Prop. 22 to its ultimate overturning, then through the passage of Prop. 8, its eventual upholding by the State Supreme Court, and the current federal litigation. I’ve only been on the scene the last five years, but I wrote letter briefs we filed with the state Supreme Court immediately after Prop. 8 was challenged there, and PJI has filed an amicus brie in the current federal trial.
OBCLAA: Tell us about your job for PJI. What do you do?
McReynolds: Pacific Justice Institute, founded in 1997 by attorney Brad Dacus, is a legal and educational organization that defends the rights of Christians in their workplace, houses of worship, schools and the public square. Since coming to PJI, I’ve been involved with brief-writing for every level of the state and federal judiciary on church-state issues, church land-use claims, employment discrimination cases, a same-sex marriage benefits case (unrelated to Prop. 8), a landmark homeschooling rights case, and so on. PJI did very little litigation when I arrived in 2005, but that now accounts for at least half of our work. I’ve argued a variety of motions in state court, federal court and a state court of appeals. Aside from the litigation, I’ve spent a fair amount of time advising thousands of individuals on a wide variety of religious liberty issues. As part of my job, I’ve also participated in dozens of media interviews and have testified before the state legislature and numerous local governmental bodies.
OBCLAA: Do you believe that your unique education at Oak Brook helped to prepare you for this job? How?
McReynolds: Absolutely. I would especially credit OBCL’s association with Prof. Jordan Lorence, a top-notch role model for aspiring constitutional attorneys, and the school’s emphasis on apprenticeship over ivory-tower academics. Because of the school’s emphasis on spending as much time as possible in a law office, I worked about 30 hours a week for the last two years of law school with the American Center for Law and Justice. That experience was far better preparation for what I’m doing now than anything I could have read in a textbook.
OBCLAA: Have you faced any discrimination because of your atypical education?
McReynolds: I don’t believe so. I’ve had a number of law students from ABA schools work for me over the last few years, and I can tell you that OBCL students and alumni have no reason to feel inferior to them. The school you attended—whether Ivy League or unaccredited—does not determine your destiny. You do. I should add that I’ve been very fortunate to work in an environment that was already favorable to OBCL thanks to great interns like Nicole Pallais and Christopher Schweickert.
OBCLAA: What can Oak Brook alumni do to help fight for truth in California and around the country?
McReynolds: It takes almost nothing to become an affiliate attorney of Pacific Justice Institute. That simply means you send me your contact info and agree only to get infrequent e-mails from us alerting you to pro bono opportunities in your geographic area. There is zero financial or any other firm commitment involved. I would also strongly encourage alumni to become allies with Prof. Lorence’s organization, the Alliance Defense Fund. While they expect more of a pro bono commitment than PJI does, the payoff is very nice—an all-expenses paid trip to somewhere nice (last year it was Hawaii, this coming summer it’s Chicago) for the best CLE hours you’re ever likely to get.
OBCLAA: What about OBCL students? How can they help?
McReynolds: I think students need to understand how important the apprenticeship aspect of OBCL is. My view is that an OBCL degree is woefully incomplete without some serious internship hours. Aside from the internship, though, students really need to network. Join the Christian Legal Society and Federalist Society, and make sacrifices to go to their conferences.
OBCLAA: Do you have any suggestions for how OBCL students can prepare for careers in Constitutional Law?
McReynolds: I believe most OBCL students—and especially anyone who wants to do constitutional law—should push themselves to submit an essay for ADF’s annual scholarship competition, and apply for ADF’s Blackstone Fellowship, which happens in the summer. The former was crucial in getting me started in this area, and I know other OBCL alums have benefited from the latter.
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Thanks, Matt, for giving us a glimpse into your work for PJI and for constitutional freedom in California!
-- Emily Younger for the OBCLAA
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