‘Speak Now: Marriage Equality on Trial’
By Kenji Yoshino
Third finger, left hand.
If you’re wearing a ring there, chances are that it means more than a bit of metal around your digit. It’s undoubtedly more precious than the sum of its parts.
It means a commitment of marriage — that is, if you can get married, because some still cannot. And in the new book “Speak Now” by Kenji Yoshino, you’ll read about a trial that impacted many an engagement.
Just before Kenji Yoshino married his husband Ron in 2009, the officiant pulled the couple aside and reminded them that, though they were really no different than any other two people in love, he could not marry them under federal law because of the Defense of Marriage Act (DOMA). As they said their vows in Connecticut, another legal drama on the other side of the country was just beginning.
Only four states recognized same-sex marriage then; California wasn’t one of them. In 2008, that state’s voters passed Proposition 8, effectively amending its constitution to allow legal marriage between opposite-sex couples only. A legal challenge to Prop 8 was filed in California in May 2009, which ultimately opened the doors for an unlikely pair of lawyers to take the issue to the U.S. Supreme Court.
Attorney Ted Olson was famous for helping put George Bush in office in 2000 and had worked in Ronald Reagan’s Justice Department. Though Olson was known for his conservative stance, he was friends with David Boies, a renowned, more liberal litigator. They seized the opportunity to argue this important case together and began laying the foundation for it.
But their unusual pairing wasn’t the only uniqueness in Hollingsworth v. Perry: The judge assigned to the case was known to be gay. Lead counsel for defense of Prop 8 had once flirted with a pro baseball career. Both sides tried to keep direct mentions of sex out of the courtroom. In the end, children played a large part.
And, though neither side wanted it, the case went to trial.
That last point, says author Kenji Yoshino, came as the biggest surprise. Issues such as same-sex marriage very seldom go to trial; both parties usually try to avoid it long before things ever get that far.
But Yoshino’s fascination — and the in-depth examination he offers on Hollingsworth v. Perry — becomes a mixed bag in “Speak Now.” On one hand, there are heartfelt examples of people who would most benefit from the defeat of Prop 8, as told from the exciting perspective of a major courtroom drama; on the other hand, there’s a lot of legalese here that is only partially explained in layman’s terms. We’re treated to detailed, sometimes happy human-interest stories (including the authors’ own), followed by information that will send many readers scrambling for a legal dictionary.
Still, despite that obstacle, this book is worthwhile if for nothing but the significance of the case it highlights. Read carefully, don’t rush yourself, have a legal reference source handy and “Speak Now” is a rewarding effort.