Speak Now: Marriage Equality on Trial

Intriguing book. Very well-written. You'll never look at gay marriage through the same lens, again. In fact, if you're far-right-winged, stodgy, close-minded, and unwilling to be empathically or intellectually challenged -- just don't even pick this book up. You'll probably view it as a complete waste; and the author's insight, perspective, and story-weaving skills will be lost on your proud intransigence. The author portrays the legal case that framed a still-ongoing, true-story struggle over our nation's definition of equal citizenship and, ultimately, personhood. In the end, marriage equality is not a morality issue, a "definition of family" issue, a sexuality issue, or even a sexual preference issue. It's about respect for others' humanity despite our intrinsic differences. It's about basic civil rights, about "these truths we hold self-evident." It's about which kind of people are allowed to participate in our society's ultimate legal act of interpersonal bonding, about who is allowed to love whom and in what official, legal capacity they are allowed to do so. The author also explores some of the pertinent strategies, tactics, and agendas of the two diametrically opposed, behind-the-scenes political machines behind this legal battle, power-players with the ability to shape our lives and thinking in ways we might never suspect -- or even imagine, a terrifying little glimpse of The Larger Picture that's worth the read, in itself. In addition, I found it noteworthy that, despite all the money and ardor thrown into this issue, simply following the step-wise progression of this court case thoroughly unmasks an utter lack of reasonable, substantial, demonstrable, legal or constitutional basis for objection to same-gender unions. Essentially, Kenji Yoshino, by faithfully enumerating each bare historical occurrence and argument in chronological fashion, easily demonstrates that the in-court arguments from the "con" side contained absolutely no substance. Honestly, I read this book with an agenda. I wanted to truly understand both sides of the argument. As a self-identified evangelical Christian I wanted at very least to be able to conclude that both sides of the issue had merit. For this reason, I was dismayed and saddened to see the same old trite, cardboard, juvenile, illogical, un-evolved and jurisprudentially irrelevant "points" trotted out in the courtroom as those I heard decades ago on a similar topic from proudly-ignorant, homophobic, junior-highschool-aged males. The author did not say it, but the book nonetheless made the case with me that the "Cons" merely oppose marriage between two individuals of same gender, not because of some realistic potential harm to themselves but out of a thinly-veiled, readily-palpable hatred for those unlike them. I cannot abide such a mindset. Since the "Cons'" courtroom arguments contained nothing sophisticated, novel, integrated, worthwhile, legally valid or even thought provoking, it's obvious to this reader that the loss was still well-deserved in light of our Constitution. Thank-you, Kenji Yoshino, for the guided tour and a thrilling read.

I'll say this book is nearly flawless. The only flaws are a few adverbs and clunky metaphors: the author loves the latter, and some soar. Others land with with a thud and distract you from the flow of the narrative. However, except for these idiosyncrasies, the narrative races. I needed a racing narrative because I wanted to get myself up to speed for the marriage arguments at the Supreme Court that, as of this writing, are coming up in a few days. The author does an excellent job not only in retelling the history of the issue of gay marriage, but also of giving the arguments of opponents of gay marriage - whose positions he obviously disagrees with - an honorable presentation. You do not need to be a lawyer to enjoy this book, as other reviewers have stated. The author assumes you are not, and even explains legal concepts that would entertain non-lawyers and lawyers alike - his explanation of en banc review, for example, which would take too long to explain here, but you'd have to pay attention to enjoy. You have to be intelligent, therefore, and curious about the subject; though if you are intelligent, the book would make you curious about the subject. His discussions of his own family, weaving in and out, do not distract from the book's purpose, and keep the reader interested with a little personal decoration. The best part for me was his summary of the testimony at trial. I wanted to read the transcript of the trial in question, but reading transcripts can be dull; this summary was enough, and I accept the author's veracity given the charitable rendering he gave to the other side, whom for me are the demons. (And by the way, he also gives a good argument for not demonizing these people as bigots.) Finally, he provides trial lawyers like me great language for taking differing positions to trial and exposing them to the trial of "sunlight" that, as (former US Supreme Court Justice Louis) Brandeis said, "is said to be the best of disinfectants." Highly recommended.

I absolutely love Speak Now. It breathes life and passion into an otherwise dense legal narrative -- in ways that both lay readers and legal experts will find gripping. And while the book focuses on the trial that brought marriage equality back to California, the author also sets forth a broader (and in my view, very convincing) argument about the benefits of litigation, and especially trials, to uncover the truth more generally. A lot of people assume that trials are useful only for minor or narrow factual disputes and not broad social issues, but Yoshino shows that this isn't the case. Finally, while Yoshino presents and defends a particular perspective on the Prop 8 trial (and trials more generally), the book is also very fair and respectful when it comes to presenting opposing views. The Prop 8 litigation was very controversial among LGBT groups, and Yoshino does a masterful job explaining the competing views among the advocates (and their adversaries).

I think this is an important work of legal history. I am a federal trial attorney who is very interested in the legal battles being waged in favor of Marriage Equality, so this book taught me a lot about what has gone on in lead up to the cases argued from my Circuit (the Sixth) in the Supreme Court just this week, on April 28, 2015. I was fascinated by all the detail about the maneuverings behind the scenes by various groups and entities who share the common goal of marriage equality; despite their agreement on what the prize should be, they have had many differences of opinion as to how to seek said prize, both in substance and in strategy and timing. These same types of discussions and disagreements were part of the fabric of the legal efforts to seek equal rights for African Americans, from way before Brown v. Bd. of Education, to way beyond. I enjoyed learning about the ways in which various marriage equality constituents have agreed and disagreed, and about how Boies and Olson went ahead and did what they thought right (in bringing the case to challenge California's Prop. 8, in pretty much utter disregard of the carefully crafted, deliberately slow and methodical plan others had crafted and expected everyone to adhere to. I also LOVED the author's recognition that trials, governed by the Rules of Evidence, where witnesses are subjected to the greatest engine for truth yet developed -- cross-examination -- conducted ideally under the authority of a judge who requires responsive answers to proper questions are perhaps our only and best hope for finding fact. I would guess that the author shares my frustration at every congressional hearing which purports to be fact-finding, where none of these rules apply. In such hearings, the questions ramble, are filled with unproven allegations, no one requires witnesses to be responsive, and what results, though touted as fact-finding, is usually grandstanding, politicization, and a record filled with unprovable allegations masquerading as facts. I so wish the the crucial issues of our time, Climate Change being the foremost, could be tried in a court of law in a similar way; the ridiculous unprovable allegations of deniers could be put to rest so that we might then unify in the need to act now to save our planet. I can dream, can't I? That said, I don't know that this is a book for many lay readers, except those determined to master the legal nuances of the various approaches to winning Marriage Equality. As a federal trial lawyer, I got so much out of this author's effort, and I commend him for recognizing the need for such a history and for writing it. I'm curious what the author thinks about Chief Justice Roberts' attempt to reduce the marriage question to one of simple gender discrimination? I must admit, I am drawn to the simplicity of the position and the fact that it doesn't depend upon creating a new class based upon sexual orientation (not that I don't agree that sexual orientation should have elevated status for other situations). I hope the CJ sticks with that view if it will allow him to join a majority ruling overturning CA6. Read this book if you want to gain more nuance about the issues facing the Court.

A truly remarkable read... I have basically no legal training, and I was able to follow the narrative from beginning to end. It's not every day that a layperson can pick up a book about the law and find it a true page-turner! This book provides an important explanation of the legal principles involved, but also tells a compelling story about the personal impact of the debate over same-sex marriage. I came away from this book better educated on the legal system, both in terms of the debate over same-sex marriage AND in terms of the importance of the trial process. I'm inspired with hope for a future in which trials like this can change society for the better.

Wonderfully written account of the case that brought down Prop 8. What I liked about the book was that not only were issues from the trial discussed, but so were things raised during depositions. This provided a fuller account and context for the trial. There was also a lot of background legal history discussed which was interesting. Highly recommended to anyone interested in LGBT history and litigation.

Yoshino has shown that civil trials concerning so-called "legislative facts" can make all the difference in constitutional litigation. The trail held in San Francisco concerning Proposition 8 showed the weakness of the factual and policy-related grounds for opposing marriage equality. If you want to understand the 2015 decision for marriage equality, this book is a good place to begin.

The book is a must read for anyone aspiring to understand the nuances of the gay marriage debate or any lawyer wanting to be inspired about the power of a trial.