Forcing the Spring: Inside the Fight for Marriage Equality
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“This,” participants recall: Author interview with Justice Department participants, confirmed by Terry Stewart.
Boies, who was sitting with his wife: Author interview with David Boies, March 2, 2013.
“On 14 different occasions”: Excerpt from an e-mail sent by Ken Mehlman to David Plouffe on January 17, 2013.
“In the contemporary challenge”: Author interview with Ken Mehlman, April 16, 2013.
Stress the law: Author interview with Kristina Schake, March 26, 2013.
“It’s already being used against us”: Author interviews with David Boies, March 2, 2013, and Chad Griffin, February 6, 2013.
“It’s awkward”: Author interview with Ted Olson, January 31, 2013.
“And there’s no case”: Author interview with David Boies, March 2, 2012, and Chad Griffin, February 6, 2013.
“We said it wouldn’t be like Brown v. Board of Education”: Author interview with Terry Stewart, January 19, 2013, based on her notes of the meetings.
Either way, as Attorney General Eric Holder later put it: Author interview with Eric Holder, August 7, 2013.
Verrilli read Martin Luther King Jr.’s: Author interviews with Justice Department officials familiar with Verrilli’s deliberation.
President Eisenhower famously read: Philip Elman and Norman Silber, “The Solicitor General’s Office, Justice Frankfurter, and Civil Rights Litigation, 1946–1960: An Oral History,” Harvard Law Review 100, no. 4 (1987): 817–52.
Anticipating what the justices might do: Author interview with Kathryn Ruemmler, December 23, 2013.
Obama had seen firsthand: Author interview with Kristina Schake, July 30, 2013.
Jarrett called him next: Author interview with Chad Griffin, March 7, 2013.
CHAPTER 36: FRAMING THE ARGUMENTS
“What we are focused on”: Author interview with Hilary Rosen, March 14, 2013.
“It feels strangely good”: Author interview with Olivia Alair, March 24, 2013.
“Of the two components”: Justice Ruth Bader Ginsburg, interview by Bryan A. Garner, 2006–2007, LawProse, http://www.lawprose.org/interviews/supreme-court.php?vid=ginsburg_part_1&vidtitle=Associate_Justice_Ruth_Bader_Ginsburg_Part_1.
Good briefs are fast-paced and conversational: Chief Justice John Roberts, Justice Anthony Kennedy, and Justice Antonin Scalia, interviews by Bryan A. Garner, 2006–2007, LawProse, http://lawprose.org/interviews/supreme-court.php?vid=roberts_part_1&vidtitle=Chief_Justice_John_Roberts_Part_1.
The brief filed by Paul Clement: Author interview with Paul Clement, January 4, 2013.
“But he felt strongly”: Author interview with Ted Boutrous, February 21, 2013.
“Ted wasn’t going to shy away”: Author interview with Ted Boutrous, March 21, 2013.
In Olson’s view: Author interview with Ted Olson, December 8, 2011.
Olson had framed his case: Author interview with Robbie Kaplan, February 27, 2013.
The best piece of advice: Author interview with Robbie Kaplan, April 4, 2013.
Cooper, who had indeed been less than pleased: Author interview with Chuck Cooper, June 1, 2013.
while Olson had sent Boutrous: Author interview with Ted Boutrous, March 21, 2013.
What had once seemed politically toxic: Maggie Haberman, “Clinton Stays in the Game with Gay Marriage Move,” Politico.com, March 18, 2013.
CHAPTER 37: KENNEDY V. KENNEDY
He checked his phone: Facebook Data Science.
“Being here right now”: Author interview with Enrique Monagas, March 19, 2013.
“You’ve already won”: Author interviews with Paul Cappuccio, June and November 2013.
“Look at the difference”: Author interview with Paul Smith, May 17, 2013.
“Both times,” Rob joked: Author interview with Chad Griffin, March 2013.
“That is an enormous concession”: Author interview with David Boies, May 23, 2013.
Cite the evidence from trial: Author interviews with Terry Stewart, March 26, 2013, and December 3, 2013.
Ted Boutrous, for his part: Author interview with Ted Boutrous, December 13, 2013.
“Bring me the head”: Author interview with Ted Boutrous, February 21, 2013.
But as a matter of form and comity: Adam Liptak, “Who Wanted to Take the Case on Gay Marriage? Ask Scalia,” New York Times, March 29, 2013.
“We were both surprised”: Author interview with David Boies, May 23, 2013.
Boies would later say: Ibid.
“I felt like he respected our struggle”: Author interview with Kris Perry, March 30, 2013.
CHAPTER 38: “SKIM MILK MARRIAGES”
Weeks earlier, she had attended: Author interview with Robbie Kaplan, February 20, 2013.
Waking up, she said she had just one thought: Author interview with Robbie Kaplan, April 4, 2013.
Walking out the Court’s bronze front door: Author interview with Robbie Kaplan, April 14, 2013.
CHAPTER 39: “DIGNITY”
Because the Supreme Court tends: Robert Barnes, “Conservatives Likely to Write Most Remaining Decisions in Supreme Court’s Term,” Washington Post, June 16, 2013.
Edie’s doctors, worried that the stress: Author interview with Robbie Kaplan, July 9, 2013.
The day before, Olson had told the plaintiffs: Author interview with Chad Griffin, undated.
In New York, Edie and her legal team: Author interview with Robbie Kaplan, July 9, 2013.
“That’s not good, that’s not good”: Author interview with Matt McGill, June 26, 2013.
It was going to be okay: Author interview with David Boies, June 26, 2013.
“I want to go to Stonewall right now!”: Ariel Levy, “How Edith Windsor Learned She Won,” New Yorker, June 26, 2013.
Kris, sitting next to Chad: Author interviews with Kris Perry and Chad Griffin, June 26, 2013.
But Roberts turned the passage “on its head”: Author interview with Chuck Cooper, undated.
In recent weeks, Chad, Adam, and Ted: Author interviews with Chad Griffin, Adam Umhoefer, and Ted Boutrous.
It was possible, of course: Author interviews with David Boies, Theane Kapur, and Josh Lipshutz, June 26, 2013.
In Washington, Cooper analyzed: Author interview with Chuck Cooper, July 18, 2013.
Justice Ginsburg would later reject: Adam Liptak, “Court Is ‘One of Most Activist,’ Ginsburg Says, Vowing to Stay,” New York Times, August 24, 2013.
On the ground in San Francisco: Author interview with Vaughn Walker, June 29, 2013.
CHAPTER 40: JUNE IS FOR WEDDINGS
“We’ll know more at 3 p.m.”: Author interviews with Josh Lipshutz, June 28, 2013, and Chris Dusseault, July 3, 2013.
“The pace they were talking”: Author interview with Adam Umhoefer, June 28, 2013.
Sandy was at work: Author interviews with Kris Perry and Sandy Stier, June 28, 2013.
“Cancel your shrink appointment”: Author interviews with Chad Griffin and Dustin Lance Black, June 28, 2013.
Cohen had called Adam: Author interviews with Adam Umhoefer and Bruce Cohen, June 28, 2013.
A leak could give the proponents: Author interview with Vaughn Walker, June 29, 2010.
“At a personal, human level”: Author interview with Chuck Cooper, July 18, 2013.
Over the years, Cooper had: This entire section is based on author interviews with Chuck Cooper on December 10, 2013, and January 3, 2014; Debbie Cooper on December 26, 2013; and Ashley Lininger on December 26, 2013 and January 20, 2014.
PHOTO CREDITS
1, 2, 3: © Diana Walker/American Foundation for Equal Rights
4: © Stephen Crowley/New York Times/Redux
5: courtesy of Vaughn R. Walker
6, 7, 8, 9, 10: © Diana Walker/American Foundation for Equal Rights
/> 11: Alex J. Berliner/ABImages for the American Foundation for Equal Rights
12, 13, 14: © Diana Walker/American Foundation for Equal Rights
15: courtesy of the author
16, 17: © Diana Walker/American Foundation for Equal Rights
18: Susan Biddle/American Foundation for Equal Rights
19: courtesy of SKDKnickerbocker
20: © Diana Walker/American Foundation for Equal Rights
21, 22: courtesy of the author
23: © AP Photo/Jeff C. Hiu
INDEX
The page numbers in this index refer to the printed version of this book. The link provided will take you to the beginning of that print page. You may need to scroll forward from that location to find the corresponding reference on your e-reader.
ABC, 297, 376
ABC News, 301
abortion law, 50, 272, 374
Diamond v. Charles and, 232–33
Ginsberg on Roe v. Wade, 21, 325
Kennedy’s rulings on, 343
Abrams, J.J., 32
Abrams, Katie, 32
Academy Awards, 23–24, 27
ACT UP, 27
adolescence, see teenagers
adoption, 93, 133, 206–7, 208, 215, 365
by gays, banning of, 7, 31, 161, 240, 364
adultery, 113
advertising, 38, 68, 99, 102–3, 107, 117–18, 147, 267, 327, 362, 373
in video compilation, 185–89
Advocate, 151, 212
AFER, see American Foundation for Equal Rights
affirmative action programs, 8, 14
Afghanistan, 287
African Americans, 2, 24, 33, 49, 77, 117, 161, 180, 188, 198
in California, 36
election of 2008 and, 3, 4, 58
housing discrimination and, 160
on juries, 342–43
political power and, 164–65, 195
religious support for, 164
same-sex marriage and, 186, 250, 294, 300–301, 326–27, 331
segregation and, 3, 12–13, 77, 109, 126, 258, 279, 336
on Supreme Court, 214, 335, 352
see also interracial marriage; slavery, slaves
AIDS, 26–27, 32, 45, 124, 194, 302
AIDS quilt, 26, 380
Air Force One, 304
Alabama Supreme Court, 357
Alair, Olivia, 363
Alaska, 20, 240
alcoholism, 76, 77, 78, 306
Alito, Samuel, 335, 389, 396, 411, 419
Alliance Defense Fund, 85, 121, 140, 146, 156, 159
Amazon.com, 327
American Academy of Child and Adolescent Psychiatry, 134
American Academy of Pediatrics, 94, 134, 376
American Civil Liberties Union (ACLU), 29, 30, 33, 51, 136, 236, 255
as party to Prop 8 case, 56–57
American Foundation for Equal Rights (AFER), 57, 65, 82, 84, 119, 129, 130, 147–48, 201, 208, 211, 213, 215, 218–20, 224, 237, 261, 273, 281, 284, 290, 306–7, 339, 345, 378, 384, 410, 423, 425
Chad’s last day at, 304, 307
funding of, 31–33, 263–66, 301, 302
Mehlman and, 262–66, 289
Umhoefer’s takeover of, 282, 302
war room of, 361–62
American Israel Public Affairs Committee (AIPAC), 303
American Psychiatric Association, 134, 157
American Psychoanalytic Association, 134
American Psychological Association, 134, 178
American Society of Pediatrics, 390
Americans with Disabilities Act, 68
amicus curiae briefs, 349–52, 358, 361
animus, 340, 353
Perry trial and, 67–68, 89, 101–2, 122, 144, 147, 184, 187, 188–89, 232, 316
Windsor case and, 403, 404, 418
appeals courts, 55
see also Court of Appeals, U.S.; Ninth Circuit Court of Appeals
Arab Spring, 331
Archives of Sexual Behavior, 318
Arizona, 20, 246, 316
Arizonans for Official English v. Arizona, 233, 244, 246, 414–15, 420
Arkansas, 3–4, 5, 24, 25, 237, 269, 372
Arnold & Porter, 368
Ashcroft, John, 59
Asians, 110, 175–76
in California, 36, 139, 140, 141, 170
Associated Press, 63, 106, 332, 365
Atlantic, 264
August, John, 32
Axelrod, David, 288, 293, 296
Ayanbadejo, Brendon, 324
Bachmann, Michele, 256–57
Bacon, Kevin, 279, 280
Badgett, Lee, 149–54
Baker v. Nelson, 59
Baldwin, Tammy, 321–22, 331
ballot initiatives, 160–61, 194, 195, 198–99, 213–14, 233, 246, 261, 274, 352
Baptists, 164, 297, 324, 326–27, 379
Baume, Matt, 378
Baxter, Rosanne, 140
Benedict XVI, Pope, 175
benefits, 150, 194, 363
federal, 10, 19, 166, 248, 314, 345, 350, 351, 356, 370–71
Berean Baptist Church, 297
Beyoncé, 383
Bezos, Jeff, 327
Bible, 109, 164, 352, 364
Biden, Joe, 284–88, 294–95, 331, 358
Bill of Rights, U.S., 380
Bing, Steve, 33
bisexuals, 9, 12, 91, 107, 178
Black, Dustin Lance, 23–26, 27–29, 82, 85, 226, 273, 286, 294, 299, 380, 384–85, 388
background of, 25
Chad’s first meeting with, 23–24, 27
8 and, 261–62, 281
gay hostility to, 27–28, 29
speeches of, 23–24, 27–29
and wedding of Kris and Sandy, 424, 426, 427, 428
Black, Marcus, 273
Blackmun, Harry, 343
Blackstone, William, 30
Blankenhorn, David, 129–30, 202–10, 223, 225, 313, 317, 318, 319–20, 327, 328, 329
8 and, 261, 279
switching of sides by, 313, 317–20, 327, 328
Blatt, Lisa, 368–71
Bloomberg, Michael, 267, 268
Bloomberg TV, 361
B.o.B., 410–11
Boehner, John, 315, 347
Boies, David, 52–54, 55, 59, 69, 73–75, 81–82, 84, 94–99, 106–7, 112, 139, 140–41, 148, 190, 212, 322, 371, 405, 410
appeals court case and, 231, 234, 235, 236, 241, 245–46, 273
depositions taken by, 94–95, 163, 164
8 and, 261, 262, 278
election of 2000 and, 39, 42, 70
expert witnesses and, 71, 150, 151, 152, 153–54, 163, 165, 169–74, 175–76, 177, 178, 192–99, 202–9, 225
Hollingsworth decision and, 411, 415, 417, 419, 421, 422
Hollingsworth oral arguments and, 386, 389, 392–93, 394, 396, 397–98
Hollingsworth strategy and, 349, 351, 353–55, 373–74, 376
Obama and, 120
Olson’s joint projects with, 361
payment of, 42, 219, 302
Perry trial as viewed by, 54, 55, 73–74
press conference of, 45–46
reassessments made by, 205
redirect and, 103, 152
Sanders’s testimony and, 144, 146
selected as Olson’s co-counsel, 39, 41–42
style of, 70, 195
and Supreme Court’s granting cert, 341, 346–47
Walker’s decision and, 221, 225, 227
at White House, 353–55
Windsor decision and, 412, 417, 419
Boies, Mary, 70, 94, 194, 346, 353, 382, 410
Bonauto, Mary, 280, 361
Bond, Julian, 327
Bork, Robert, 49
Bossie, David, 50–51, 168
Boston, Mass., 314, 337
Boudin, Michael, 314–15
Boutrous, Ted, 30–31, 33, 66–67, 86, 127, 161, 162, 179, 191, 200, 206, 209, 211, 218, 344, 405, 433
appeals court case and, 234, 241, 273, 274, 275, 276
Cott’s direct examination and, 110–20
after Hollingsworth decision, 416
Hollingsworth oral arguments and, 360, 362, 367, 368, 373, 374, 386, 388, 390–91
Segura and, 164
and Supreme Court’s granting cert, 347, 348
Walker’s decision and, 221–22, 224, 225
Bowers v. Hardwick, 30–31, 34, 41, 192, 387, 396
boycotts, 165–66
Boy Scouts, 302, 409
Bradshaw, Sally, 377
Brandeis, Louis, 108
Brandeis brief, 108, 136
Bratton, Bill, 267
Brazil, 409
Breyer, Stephen, 123, 335, 395, 421
Brokaw, Tom, 42
Brokeback Mountain (film), 281
Brown, Asher, 238
Brown, Jerry, 20, 53, 219, 234, 237–38, 351, 416
Brown, Reginald, 350–51
Brown v. Board of Education, 50, 77, 108–9, 258, 279, 336, 344, 352, 356, 358, 367
Bryant, Anita, 117, 304
bullying, 12, 282
Burger, Warren E., 30, 396
Burke, Edmund, 114, 390
Burkle, Ron, 32, 219
Burns, Emmett C., Jr., 324–25
Bush, George H. W., 45
Bush, George W., 9, 11, 13–14, 42, 59, 85, 130, 271, 279, 315, 377
in election of 2000, 7–8, 70, 231–32
Mehlman and, 262, 263, 264, 299, 326
Ninth Circuit and, 227, 235
Bush, Jeb, 377
Bush, Laura, 215, 293
Bush administration, 329, 350
Bush v. Gore, 8–10, 13, 39, 42, 70, 231, 346, 385, 388
business, same-sex marriage and, 293, 323
Calabresi, Steven, 13
California, 3–7, 17–22, 237–46, 324, 338–39, 340, 347, 351, 352, 355, 359, 366, 368, 373, 376
ballot initiatives in, 160, 194, 199, 246
constitution of, 4, 19–20, 36, 45, 46, 194
“crazy quilt” of marriage regulations in, 20, 52
Proposition 8 in, see Proposition 8