Tuesday, February 07, 2012

Perry v. Brown, a Victory for Equality for GLBTQ Citizens



This morning, the United States Court of Appeals for the Ninth Circuit struck down California’s Proposition 8 as unconstitutional. It is a great day to be an American.
Judge Stephen Reinhardt’s opinion is as persuasive as United States District Judge Vaughn Walker’s decision in this case, which held that voters don’t get to take people’s rights away.
The array of legal talent in this case is extraordinary.
Kudos to lead plaintiff’s civil rights lawyers David Boies and Ted Olsen, for assembling a winning team, with winning arguments.
The case of Perry v. Brown is now headed for the Supreme Court, where David Boies and Ted Olsen were on opposite sides in 2000 (Bush v. Gore), with Boies representing Gore and Olsen representing Bush.
Thurgood Marshall would be proud.
I am prouder still. I wrote the first article on Gay marriage for an American Bar Association publication in 1991, some 21 years ago. Like many legal articles, it was an intellectual exercise, rooted in the inspiration of winning Rinde v. Woodward & Lothrop, where a Gay clothing salesman won equal discount benefits at the Woodies department stores for his Gay partner, a Steptoe & Johnson associate. Our victory inspired hundreds of corporations to treat GLBTQ employees equally with married couples.
Equality is the law of the land. Now, Gays and Lesbians are marrying in ten nations, the District of Columbia and six states.
That’s progress!

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