Smith, a managing partner of Jenner and Block's Washington, D.C. office successfully argued the Lawrence case that resulted in the reversal of the anti-sodomy ruling made in Bowers v. Hardwick 18 years ago.
According to Smith, the 1986 decision in Bowers was "the single greatest barrier to the advancement of equality" for homosexuals in America. "It's a horrible decision," he said. "How did this happen? ... This wasn't the Dark Age or anything … but somehow the idea that gay sex would be protected baffled [the 1986 Supreme Court]."
Smith made references to television shows like "Ellen," starring openly homosexual host Ellen DeGeneres, and other instances of commercial culture that indicate a shift in the manner in which gays are perceived in this country. "What changed was the culture. … The Court's understanding of gay people changed radically," he said.
According to Smith, his team of lawyers focused on three main concerns in arguing the case. "We tried to isolate three strands of concern … perfectly consistent with the range of concerns the court had talked about in previous cases," he said. Primarily, Smith explained that he focused on the fact that physical contact between homosexuals is an individual choice and occurs in the privacy of one's home.
During the question-and-answer session, Smith acknowledged the bearing this ruling had on the continuing fight for homosexual rights. "It had a huge impact psychologically," he said. "In addition, it removed a huge impediment to progress … but it doesn't remove the issue." Smith said that he does not think the Court is ready to rule on the issue of gay marriage.
He also described the Court atmosphere during the Lawrence proceedings. "I've argued a lot of cases," he said. "But I've never seen the courtroom quite as electric as it was that day [the Court announced its decision]."
In discussing his recent work, the attorney spoke of gerrymandering, the term used to describe the manipulation of congressional districts in order to influence the outcomes of elections. "[Gerrymandering] is the most fundamental challenge facing our nation right now," he said.
Smith said that gerrymandering along racial lines has already been deemed unconstitutional. "Eventually the court will recognize, if they don't recognize it now, that it is just going to get worse and worse," he said.
Smith has also worked with the American Library Association (ALA) in cases involving the Children's Internet Protection Act and other battles of the First Amendment.
"He was very down to earth," said Daniel Lowinger '06. "I was expecting him to be hard to relate to."
Jay Gilliam '04 expressed a similar sentiment. "He provided a little insider's view of the courts happenings … that made the talk more interesting than normal, dry legal talk," he said.
Patrick Ziepolt '06 remarked that Smith's talk was very relevant for many students at the College, particularly those who have had the opportunity to read the Lawrence decision in a classroom setting. "I was very pleased. I had a chance to look at the Lawrence brief in class," he said. "[Smith's talk] provided a great opportunity for the students here."