Posts tagged "Prop 8"

thepoliticalfreakshow:

Fighting & WInning Against Proposition 8

On August 19, 2009, Jo Becker of the Times wrote a front-page profile of Ted Olson, the most well-known and highly regarded conservative lawyer in the country, who had filed a federal lawsuit challenging California’s Proposition 8, which amended the state constitution to prohibit gay marriage. Olson said that he hoped to take the argument to the Supreme Court, to seek a ruling that the Constitution guaranteed every gay and lesbian the right to marry. What’s more, Olson was joined in the lawsuit by one of the most prominent left-leaning attorneys in the country, David Boies, who had been Olson’s opposing counsel in Bush v. Gore. Boies, like Olson, is straight. Becker quoted Paul Katami, one of the gay plaintiffs in the California case, describing how Olson “put his arm around me and said, ‘We’re going to plan your wedding in a couple of years—this is going to happen.’ ”

I remember reading the story at the time and thinking, “This is clever.” A lot of people who were not in favor of same-sex marriage—or who weren’t even thinking about it, as it was only allowed in five states—might now seriously consider the issue. If two of the best lawyers in America, from opposite sides of the political spectrum, joined forces, and had resources comparable to those that they enjoyed when battling on behalf of corporate clients, it seemed like they had a real chance of convincing the Supreme Court that the Constitution did guarantee a right to marry.

The story was so intriguing to Becker that she covered it, full time, for almost five years, arranging with the plaintiffs and their lawyers to obtain unrestricted access to them during the case, on the condition that she not publish the complete story until after it was over. Her book, “Forcing the Spring: Inside the Fight for Marriage Equality,” will be released on Tuesday. (I was interviewed for the book.)

The book focuses on Chad Griffin, a Los Angeles political consultant, Hollywood fund-raiser, and former staffer in the Clinton White House (where he and I briefly worked together). Soon after the passage of Proposition 8, in November, 2008, the idea of hiring Olson was serendipitously suggested to Griffin by an acquaintance of one of his clients, who happened to drop in on their lunch one day at the Beverly Hills Hotel. Griffin was pained by the success of the anti-gay initiative and, like a good public-relations man, he knew better than to pass up a headline-grabbing idea. Olson, much to Griffin’s surprise, was more than eager to take up a challenge to what he regarded as the violation of a constitutionally guaranteed right to marry. Olson and Griffin decided to enlist a liberal co-counsel, to help convince gay-rights groups that their plan was not a sinister anti-gay scheme. After their first two choices declined, Boies agreed to sign on—Becker suggests that Boies liked the case from the start, in part because “its history-making potential and odd-couple story line was sure to garner huge amounts of press interest.” (The lawyers and their backers were so sure of this that they not only arranged for Becker to have behind-the-scenes access, they also had a documentary film crew and an award-winning photographer chronicle the story.)

Their strategy was simple: draw attention to the issue by featuring these new and unlikely advocates; wrap the cause in the American flag; embrace support from those who had come late to the fight; and orchestrate the whole thing like a political campaign. As we now know, this was, in many ways, a brilliant stroke, politically if not legally. The Proposition 8 lawsuit did not succeed in obtaining the broad Supreme Court ruling that Olson and Griffin had hoped for; the justices decided that their opponents didn’t have standing, and left in place a lower-court ruling overturning California’s ban. That did restore marriage rights to couples in that state; still, if that was all that the court had ruled that summer, it might have been viewed as a disappointment. But it was decided the same day as the Supreme Court’s historic decision in the case brought by Edie Windsor and her lawyer Roberta Kaplan to overturn the federal Defense of Marriage Act (DOMA). Becker reports that Olson and Griffin originally considered fashioning their case as a challenge to DOMA, but did not want to pit themselves against President Obama, whose Department of Justice would have had to defend the law. Still, there is no question that the Proposition 8 case was a major factor in the shift in public opinion that laid the political groundwork for Windsor.

It was the Court’s ruling in Windsor, not the Proposition 8 case, that has become the legal basis for a number of other cases seeking full federal recognition of same-sex marriage rights, which are now working their way through the appeals courts. One or more of these cases—possibly including a new one brought by Olson and Boies—will reach the Supreme Court in a year or two. As Becker describes in considerable detail, the California case and the strategy behind it worried and angered the established gay-rights legal community, which believed that the suit was too aggressive, might precipitate a Supreme Court ruling that could set back the cause, and was liable to upset the long-gestating, incremental legal strategy already under way—not to mention that two straight corporate lawyers, Boies and Olson, would get the credit if it succeeded. Becker reports that Paul Smith, the openly gay lawyer who argued Lawrence v. Texas before the Supreme Court, turned down a request to join the case from Olson and Griffin, because he believed that their approach was too risky. There was more to that than Becker perhaps acknowledges. But the Proposition 8 argument turned out to be insightful: it anticipated a developing shift in American public opinion on this issue, while at the same time helping to accelerate it. And whatever the internal battles, other gay civil-rights groups were at least publicly supportive of it. They helped to lay that groundwork, too.

Becker’s account of the hearings, and her analysis of the complicated legal theories involved in the long appeals process, are excellent. Her writing about the four plaintiffs in the case—the true emotional heroes of this book—is particularly affecting. The book is not, however, a neutral account of what happened: it is an account as seen largely through the eyes of Griffin and Olson. It could be argued that Becker is not sufficiently careful in drawing attention to this distinction, but I think any knowledgeable reader will understand that this is the case. The book is a rather adoring narrative profile of these two men and what they went through in an effort to change history, and perhaps to make their own personal marks on it. Here are a recently “out” and fairly conservative young gay Democrat from Arkansas and a very prominent Republican attorney who symbolized the triumphant conservatism of the Bush years, joining forces to fight for gay equality.

Even before its release, the book has attracted considerable attention: an excerpt appeared in the Times Magazine, detailing Obama’s own struggle to “evolve” on the issue, which I wrote about here. Late in the book, Charles Cooper, the lawyer who argued against Olson and Boies, reveals to Becker that his daughter is a lesbian—and this tidbit was leaked to the press last week to help create more pre-publication buzz. The portrait of Cooper, whom Becker interviewed at length after the case ended, is beautifully nuanced. “My views evolve on issues of this kind the same way as other people’s do, and how I view this down the road may not be the way I view it now, or how I viewed it ten years ago,” Cooper told her. That kind of admission would seem to be the whole point.

For the most part, Becker does not write about participants in the campaign for marriage equality who were not directly involved in bringing the Proposition 8 case, except to highlight their skepticism about what she clearly believes was an excellent legal strategy. Indeed, a reader coming to the story only through this book would miss something important about the roles of Evan Wolfson, whose Harvard Law School thesis formed the basis for the marriage-equality movement and who has continued to be a legal and political leader on the topic; Andrew Sullivan, who gave the movement intellectual heft with his writings on gay marriage in the nineties; and Mary Bonauto, the adored lawyer for the movement who brought the first successful marriage case in Massachusetts, among many others.

Anyone who wants a complete history and overview of the gay-rights movement can read Linda Hirshman’s excellent and comprehensive “Victory: The Triumphant Gay Revolution,” published in 2012, or, even before that, Dudley Clendinen and Adam Nagourney’s “Out for Good: The Struggle to Build a Gay Rights Movement in America,” published in 2001, which is still a treasure. But if you are interested in the story of how a Hollywood political consultant and a conservative lawyer joined forces in 2009, in the belief that they could really make a difference, and, no doubt, gain some notoriety for themselves and their cause, helping to dramatically change the way Americans thought of gay people and the way gay people thought of themselves—this book is for you. The real story it tells is how seemingly small moments, occurring by happenstance, when combined with boldness and imagination, can help to change the course of history. There is a moment toward the end of the book when Olson expresses some self-doubt, as he prepares to argue the case before the Supreme Court, but one of his longtime conservative friends tells him, “You’ve already won.”

Richard Socarides is an attorney and longtime gay-rights advocate. He served in the White House during the Clinton Administration and has also been a political strategist. He now oversees public affairs at GLG. Opinions expressed here are only his own. Follow him on Twitter @Socarides.

Photograph of Ted Olson by Amanda Edwards/Getty.

Source: Richard Socarides for The New Yorker

h/t: Miranda Blue at RWW

H/T: CNN.com

On today’s “Pray In Jesus Name” program, “Dr. Chaps” Gordon Klingenschmitt voiced his outraged that California’s anti-gay Proposition 8 was not being enforced, declaring that there was a demonic spirit of lawlessness inside of government officials who are refusing to enforce it.

There is also a spirit of a lawlessness in gays in general, Klingenschmitt asserted, because they are violating God’s law. “Lust is not love,” he said, “and whatever they’re doing behind closed doors is not love in the homosexuality community. It is lawlessness.”

He then went on to pray that God would enforce His law so that it will be established “and will ban sodomy” in America, because “it is a perversion and it is not love at all”:

-h/t: Kyle Mantyla at RWW

After arguing that gay marriage is a threat to children and community spirit, Janice Shaw Crouse of Concerned Women for America took to the Washington Times today to warn about the approaching “bleak future Christians” in which people of faith will experience “harsh retribution in the form of fines and imprisonment” if gay marriage becomes legal.

Crouse lashed out at “in-your-face media campaigns to normalize homosexual relationships” and pointed to an opinion piece by a Heritage Foundation fellow in CNN.com to claim that the DOMA ruling is a threat to democracy.

“It contradicts centuries of experience across time and cultures for the best family structure for strong nations,” Crouse writes about same-sex unions. “It represents a national experiment in social reconstruction at the expense of our children’s futures and the future of America.”

h/t: RWW

On his radio show today, Focus on the Family founder James Dobson discussed the Supreme Court’s marriage equality rulings with Family Research Council president Tony Perkins and Bill Becker, an attorney affiliated with right-wing groups such as the Alliance Defense Fund and the Discovery Institute.

As you could imagine, Dobson was aghast at the decisions, arguing that same-sex marriages “threaten the entire superstructure” of society. “I believe it can come down,” Dobson warned. “This has been devastating. Even if eventually legally we somehow walk it back a bit, I don’t see our ever completely recovering from what has happened here.”

Becker went even further, saying that civilization crumbled the day the court released its rulings: “We’re talking here about the foundation of civilization and I wrote today that I believe we’ve seen the collapse of Western civilization in one day.”

h/t: RWW

As expected, SSM returns to California, Prop 8 thrown out.

(via Fischer on AFR’s Focal Point: “Unconstitutional to Recognize Pro-Gay Marriage Supreme Court Ruling” | Right Wing Watch)

Bryan Fischer is joining his American Family Association colleague Gary Glenn in calling on states to simply ignore any Supreme Court ruling that strikes down bans on same-sex marriage. Fischer even argues that it would be unconstitutional to follow a court decision that favors marriage equality, which he claims would effectively remove “We the people” from the Constitution.




Tomorrow, at 10:00AM EDT/9:00AM CDT/7:00AM PDT, the Supreme Court of the United States will decide the fate of two key LGBTQ rights/marriage equality cases: California’s Prop 8 (Hollingsworth v. Perry) and DOMA (United States v. Windsor).


How I realistically view what SCOTUS will rule on the two cases: DOMA is expected to get buried in the trashcan (i.e. overturned), while Prop 8 will either be struck down in some fashion (California-only being most likely) or get punted.



Let’s hope and pray that DOMA and Prop 8 are both fully off the books!!!

(cross-posted from JGibson.blogspot.com)

Tomorrow’s the big day for the future of our nation on the subject of LGBTQ rights and marriage equality. I surely hope that #SCOTUS decides to strike down #DOMA AND #Prop8

Predictions:

This week will be the week that DOMA and Prop 8 are gone!

Expect at least 1 of the 3 major remaining cases to be announced tomorrow. Which one will it be? Section 5 of the Voting Rights Act, DOMA, or Prop 8? 

Also, there will most likely be another SCOTUS day added on (most likely Thursday).