Status
Available
Call number
Collection
Publication
Crown (2015), 384 pages
Description
"A renowned legal scholar tells the definitive story of Hollingsworth v. Perry, the trial that will stand as the most potent argument for marriage equality. In 2008, California voters passed Proposition 8, rescinding the right of same-sex couples to marry in the state. Advocates for marriage equality were outraged. Still, major gay-rights groups opposed a federal challenge to the law, warning that it would be dangerously premature. A loss could set the movement back for decades. A small group of activists, however, refused to wait. They turned to corporate lawyers Ted Olson and David Boies--best known for arguing opposite sides of Bush v. Gore--who filed a groundbreaking federal suit against the law. A distinguished constitutional law scholar, Kenji Yoshino was also a newly married gay man who at first felt ambivalent about the suit. Nonetheless, he recognized that Chief Judge Vaughn Walker's decision to hold a trial in the case was momentous. Boies and Olson rose to the occasion, deftly deploying arguments that LGBT advocates had honed through years of litigation and debate. Reading the 3,000-page transcript, Yoshino discovered a shining civil rights document--the most rigorous and compelling exploration he had seen of the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the inability of direct democracy to protect fundamental rights. After that tense twelve-day trial, Walker issued a resounding and historic ruling: California's exclusion of same-sex couples from civil marriage violated the U.S. Constitution. In June 2013, the United States Supreme Court denied the final appeal in Hollingsworth v. Perry, leaving same-sex couples in California free to marry. Drawing on interviews with lawyers and witnesses on both sides of the case, Yoshino takes us deep inside the trial. He brings the legal arguments to life, not only through his account of the case, but also by sharing his own story of finding love, marrying, and having children. Vivid, compassionate, and beautifully written, Speak Now is both a nuanced and authoritative account of a landmark trial, and a testament to how the clash of proofs in our judicial process can force debates to the ultimate level of clarity"--… (more)
User reviews
LibraryThing member omphale23
No definitive account of the struggle for marriage equality can be written—oral arguments in the latest round of cases were heard only last week—and so the full story of what may become known as the landmark Perry case cannot be finished despite the case's official resolution before the Supreme
However, the transcript makes for enlightening—if specialized—reading. And that narrow story, of the efforts of a series of experts and lay witnesses to define the current understanding to the advantage of interested parties ranging from the City of San Francisco to the lawyers who battled each other in Bush v. Gore, is expertly and movingly told by Kenji Yoshino.
Yoshino makes no attempt to downplay his interest in the outcome of the case, and no apologies for his defense of the trial process. If anything, he is confrontational about his belief in the potential of the adversarial process to find facts, both adjudicative and legislative, in the face of controversy and the emotional investment that accompanies all efforts to move forward the definitions of civil rights and equality.
Although Yoshino makes mention of his own connections to the questions at issue in Perry, readers expecting a memoir wrapped in history will find themselves disappointed, as discussions of events beyond the courtroom are few and far between. Those who want their legal drama free of personal commentary will be equally disappointed, as the narrative of the trial is on occasion wrapped in autobiographical details related to Yoshino's life, marriage, and family.
Beyond his personal references, Yoshino makes his case clearly and carefully, and yet manages to offer cogent analysis of the case and its narrow context. Readers are left with a narrative aimed at—and sufficient for—the informed, interested public who are Yoshino's primary audience.
Those without a prior interest in the case and its companions may find it useful to start from a simpler introduction, as Yoshino makes only a limited effort to situate the marriage equality movement within the broader struggle for gay rights—he mentions Stonewall, but ignores much of the debate regarding DADT and other intervening protests, including those preceding DOMA. Those with a more concentrated interest in the procedural questions and process of the case can, if needed, reference the transcript itself—and might well do so, as Yoshino does a good job of summarizing the content of transcripts but chooses not to analyze many of the actions of the attorneys, beyond discussion of cross and redirect decisions as they apply to the development of the record itself.
Unfortunately, Yoshino does a less impressive job of convincing his readers that the trial process itself serves a larger, essential role in the progress of civil rights. That his argument for trials is less of a reasoned defense and more of a series of poetic assertions is all the more glaring when juxtaposed against his abilities to build such an argument regarding Perry itself. Even in agreeing with his assertions, I found myself wondering what, beyond the chance to confront witnesses that has now migrated to depositions and pleadings, the courtroom could offer beyond theater. Perhaps in attempting to defend both the specific and the general, Yoshino found himself with a decision he refused—but ought to have been forced—to make.
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Court in 2013. However, the transcript makes for enlightening—if specialized—reading. And that narrow story, of the efforts of a series of experts and lay witnesses to define the current understanding to the advantage of interested parties ranging from the City of San Francisco to the lawyers who battled each other in Bush v. Gore, is expertly and movingly told by Kenji Yoshino.
Yoshino makes no attempt to downplay his interest in the outcome of the case, and no apologies for his defense of the trial process. If anything, he is confrontational about his belief in the potential of the adversarial process to find facts, both adjudicative and legislative, in the face of controversy and the emotional investment that accompanies all efforts to move forward the definitions of civil rights and equality.
Although Yoshino makes mention of his own connections to the questions at issue in Perry, readers expecting a memoir wrapped in history will find themselves disappointed, as discussions of events beyond the courtroom are few and far between. Those who want their legal drama free of personal commentary will be equally disappointed, as the narrative of the trial is on occasion wrapped in autobiographical details related to Yoshino's life, marriage, and family.
Beyond his personal references, Yoshino makes his case clearly and carefully, and yet manages to offer cogent analysis of the case and its narrow context. Readers are left with a narrative aimed at—and sufficient for—the informed, interested public who are Yoshino's primary audience.
Those without a prior interest in the case and its companions may find it useful to start from a simpler introduction, as Yoshino makes only a limited effort to situate the marriage equality movement within the broader struggle for gay rights—he mentions Stonewall, but ignores much of the debate regarding DADT and other intervening protests, including those preceding DOMA. Those with a more concentrated interest in the procedural questions and process of the case can, if needed, reference the transcript itself—and might well do so, as Yoshino does a good job of summarizing the content of transcripts but chooses not to analyze many of the actions of the attorneys, beyond discussion of cross and redirect decisions as they apply to the development of the record itself.
Unfortunately, Yoshino does a less impressive job of convincing his readers that the trial process itself serves a larger, essential role in the progress of civil rights. That his argument for trials is less of a reasoned defense and more of a series of poetic assertions is all the more glaring when juxtaposed against his abilities to build such an argument regarding Perry itself. Even in agreeing with his assertions, I found myself wondering what, beyond the chance to confront witnesses that has now migrated to depositions and pleadings, the courtroom could offer beyond theater. Perhaps in attempting to defend both the specific and the general, Yoshino found himself with a decision he refused—but ought to have been forced—to make.
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LibraryThing member eo206
"Speak Now" shares the history of the Hollingsworth v. Perry case in California that centered on gay marriage. The author interviewed many of the involved parties and writes about the history of gay marriage in the US.
I found the book to be very accessible and easy to understand, especially
I found the book to be very accessible and easy to understand, especially
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because the case is complex. He also made it interesting and a really good nonfiction book to read. Show Less
LibraryThing member Maya47Bob46
Ireland has just voted by referendum to legalize marriage equality. The Supreme Court is about to make a decision in Obergefell v. Hodges that might legalize same sex marriage in all the states, and at a minimum, would tell states they had to recognize all legal marriages. And I just finished
Many will already know much of the story. In May 2008, the California Supreme Court ruled that California Proposition 22 defining marriage as between a man and a woman is unconstitutional. The Prop 8 campaign to amend the California Constitution to define marriage as only between a man and a woman was successful and a federal lawsuit, Hollingsworth v. Perry, followed.
Many of us were interested not only in the case itself, but also in the legal team of David Boies and Ted Olson, one liberal and one conservative who had been on opposite sides in the infamous Bush v. Gore case that decided the 2000 Presidential Election. There were question as to whether this was the right time to bring a case that could potentially go to the Supreme Court. Yoshio argues that a court case turned out to be the correct decision. In many ways the star aligned. The judge assigned, Chief Judge Vaughn Walker, made a meticulous record in a lengthy decision. He reviewed all the evidence presented by both sides and concluded that the Prop 8 side, the proponents, really had no evidence and no argument. The Supreme Court decision was somewhat anti-climactic holding that the proponents had no standing as none had been personally harmed.
Those of us who favor marriage equality should hope that the Justices read Judge Walker’s opinion before making a decision in the Obergefell case.
Speak Now is more than a legal treatise; it is also autobiographical as Yoshino is a married gay man with two children. He was also touched by the last marriage case, Loving v. Virginia, as he is Japanese American married to a non-Japanese American. His marriage would have been doubly illegal before Loving. Being Japanese American myself married to a white man, we have often said that if we had wanted to get married when we first met we would have had trouble in Virginia.
This is a timely contribution to the discussion surrounding same-sex marriages.
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reading Kenji Yoshino’s fascinating account of the lawsuit to overturn California’s Proposition 8. Speak Now: Marriage Equality on Trial is the story of a complex legal proceeding written so that non-lawyers can follow and have an understanding of the strategies employed by both sides.Many will already know much of the story. In May 2008, the California Supreme Court ruled that California Proposition 22 defining marriage as between a man and a woman is unconstitutional. The Prop 8 campaign to amend the California Constitution to define marriage as only between a man and a woman was successful and a federal lawsuit, Hollingsworth v. Perry, followed.
Many of us were interested not only in the case itself, but also in the legal team of David Boies and Ted Olson, one liberal and one conservative who had been on opposite sides in the infamous Bush v. Gore case that decided the 2000 Presidential Election. There were question as to whether this was the right time to bring a case that could potentially go to the Supreme Court. Yoshio argues that a court case turned out to be the correct decision. In many ways the star aligned. The judge assigned, Chief Judge Vaughn Walker, made a meticulous record in a lengthy decision. He reviewed all the evidence presented by both sides and concluded that the Prop 8 side, the proponents, really had no evidence and no argument. The Supreme Court decision was somewhat anti-climactic holding that the proponents had no standing as none had been personally harmed.
Those of us who favor marriage equality should hope that the Justices read Judge Walker’s opinion before making a decision in the Obergefell case.
Speak Now is more than a legal treatise; it is also autobiographical as Yoshino is a married gay man with two children. He was also touched by the last marriage case, Loving v. Virginia, as he is Japanese American married to a non-Japanese American. His marriage would have been doubly illegal before Loving. Being Japanese American myself married to a white man, we have often said that if we had wanted to get married when we first met we would have had trouble in Virginia.
This is a timely contribution to the discussion surrounding same-sex marriages.
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LibraryThing member dono421846
Let's get the good out of the way first. This is a competent review of the legal dimension of the Prop 8 legal cases. Yoshino is a noted constitutional law scholar, and he mentions that he has taught seminars on this case. We can be reasonably certain that we are reading here the bulk of his
More critically, the account lacks passion. I expected more from a book about an attack on same-sex marriage written by a married gay man. He tells us that marriage is important, but he writes more vibrantly about heightened scrutiny and the standards of review than about the significance of marriage in his own life, or in the lives of gay men and women generally. Sure marriage is useful and convenient, but why does it merit such social anxiety? Yoshino never really communicates what is at stake.
The explanation for this is perhaps that, until he was himself married, he had little sympathy for the marriage debates, and often sided against them (p. 19). As a relatively new convert to the importance of the issue, he still displays the intellectual habits of his earlier apathy. This shows up most consistently in his gentle (too gentle, by my judgment) treatment of all the forces arrayed to make him a permanent second class citizen. Westboro Baptist church apparently goes too far, but anything less is acceptable and should be deemed only a minor quibble among reasonable people. To many, it is not possible to argue that gay people are a lesser citizen, and still be someone I'd care to socialize with. Yoshino, though, would apparently have them all over to his home for a barbeque.
While he recognizes that marriage improves his own life, he has grown only to the point of being able to mouth the words of others to argue that it is an intrinsic good, perhaps even one of the highest human goods, and thus worth defending. Because he has not taken this step beyond his personal instrumentalism, he can only provide a chronology of events happening to others. He lacks the tools to convince the readers, even sympathetic ones, why they should care.
Whatever the reason, these pages are intellectually precise and thorough, but emotionally bloodless. Those wishing to read a book that conveys why this battle is worth fighting at all, will need to look elsewhere.
P.S.: On a wholly different note, authors please take note: GENDER and SEX are not synonyms. Yoshino gets it wrong, and it is irritatingly distracting.
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lecture notes. Anyone wishing to grasp the finer legal arguments and understand the procedural significance of each action along the way can rely upon this accessible volume.More critically, the account lacks passion. I expected more from a book about an attack on same-sex marriage written by a married gay man. He tells us that marriage is important, but he writes more vibrantly about heightened scrutiny and the standards of review than about the significance of marriage in his own life, or in the lives of gay men and women generally. Sure marriage is useful and convenient, but why does it merit such social anxiety? Yoshino never really communicates what is at stake.
The explanation for this is perhaps that, until he was himself married, he had little sympathy for the marriage debates, and often sided against them (p. 19). As a relatively new convert to the importance of the issue, he still displays the intellectual habits of his earlier apathy. This shows up most consistently in his gentle (too gentle, by my judgment) treatment of all the forces arrayed to make him a permanent second class citizen. Westboro Baptist church apparently goes too far, but anything less is acceptable and should be deemed only a minor quibble among reasonable people. To many, it is not possible to argue that gay people are a lesser citizen, and still be someone I'd care to socialize with. Yoshino, though, would apparently have them all over to his home for a barbeque.
While he recognizes that marriage improves his own life, he has grown only to the point of being able to mouth the words of others to argue that it is an intrinsic good, perhaps even one of the highest human goods, and thus worth defending. Because he has not taken this step beyond his personal instrumentalism, he can only provide a chronology of events happening to others. He lacks the tools to convince the readers, even sympathetic ones, why they should care.
Whatever the reason, these pages are intellectually precise and thorough, but emotionally bloodless. Those wishing to read a book that conveys why this battle is worth fighting at all, will need to look elsewhere.
P.S.: On a wholly different note, authors please take note: GENDER and SEX are not synonyms. Yoshino gets it wrong, and it is irritatingly distracting.
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LibraryThing member JJMcDermott
Kenji Yoshino is a professor of law at NYU and has been frequent guest on television news stories on marriage equality. He is also a married gay man of Japanese descent, and in the book he relates his personal story to the legal issues under discussion.
The book narrates the trial of Hollingsworth
Yoshino also discusses why the case was controversial within the LGBT rights movement. Many people in the movement, including people in Lambda Legal and the ACLU, were skeptical about bringing a federal case. Their strategy had been an incremental approach, targeting the states where we were most likely to win. A loss at the US Supreme Court could set the movement back for decades.
As it turned out, the plaintiffs won marriage at the district and appellate courts, and the Supreme Court declined to take the case on a technicality of the proponents of Prop 8 not having standing.
Yoshino writes very well and makes the legal issues clear to someone like me. I also found the book moving when he brought his personal story into it. He tells the story of he and his husband having a daughter through a surrogate mother from Topeka, Kansas. Topeka is home of the infamous Westboro Baptist Church, with its "God Hates F**s" slogan. They were concerned that a gay couple would not feel welcomed in Topeka, but instead the community warmly welcomed them and celebrated with them the birth of their daughter.
The book narrates the trial of Hollingsworth
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v. Perry, in which two same-sex couples challenged the constitutionality of California's Proposition 8 in federal court. Besides narrating the trial, the book makes a well-argued case for the use of a trial to achieve rights for minority groups. In political debate people get away with misinformation and stereotypes about gay people. But in a trial, witnesses are under oath, are subject to cross examination, and have to back up what they say with actual evidence. In the setting of a trial, the usual claims made against marriage equality--that it hurts traditional marriage or that it is bad for children--do not stand up.Yoshino also discusses why the case was controversial within the LGBT rights movement. Many people in the movement, including people in Lambda Legal and the ACLU, were skeptical about bringing a federal case. Their strategy had been an incremental approach, targeting the states where we were most likely to win. A loss at the US Supreme Court could set the movement back for decades.
As it turned out, the plaintiffs won marriage at the district and appellate courts, and the Supreme Court declined to take the case on a technicality of the proponents of Prop 8 not having standing.
Yoshino writes very well and makes the legal issues clear to someone like me. I also found the book moving when he brought his personal story into it. He tells the story of he and his husband having a daughter through a surrogate mother from Topeka, Kansas. Topeka is home of the infamous Westboro Baptist Church, with its "God Hates F**s" slogan. They were concerned that a gay couple would not feel welcomed in Topeka, but instead the community warmly welcomed them and celebrated with them the birth of their daughter.
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LibraryThing member Angelic55blonde
Speak Now is focused on the Hollingsworth v Perry case... the infamous case that challenged California’s Proposition 8. This was the initiative in 2008 that barred same-sex marriages in California. a 2008 ballot initiative that barred same-sex marriage. The author realizes that most readers will
The author does begin the book with a little history on himself, which I actually liked because it shows where his mindset is as a gay man, husband and father and how that would impact his research and writing. I think he could have kept it more brief and used his personal story for another book.
Normally books that focus on a specific trial or case tend to be dry and boring but this book was not. I learned quite a great deal from this book and I think the author did a great job of keeping the reader's attention. The book is broken down into 3 parts that flow well. Overall, I would recommend this book to anyone interested in learning more about Proposition 8, this case, or the same-sex marriage movement in general. This movement is similar to other major turning point movements in past generations so I think this book is important for everyone to read. Highly educational but entertaining as well. It was not a dry or boring read.
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never actually read/study the case itself, hence his need for writing the book. He takes the reader from the beginnings of the case in Hollywood to the end battle in the United States Supreme Court. The author does begin the book with a little history on himself, which I actually liked because it shows where his mindset is as a gay man, husband and father and how that would impact his research and writing. I think he could have kept it more brief and used his personal story for another book.
Normally books that focus on a specific trial or case tend to be dry and boring but this book was not. I learned quite a great deal from this book and I think the author did a great job of keeping the reader's attention. The book is broken down into 3 parts that flow well. Overall, I would recommend this book to anyone interested in learning more about Proposition 8, this case, or the same-sex marriage movement in general. This movement is similar to other major turning point movements in past generations so I think this book is important for everyone to read. Highly educational but entertaining as well. It was not a dry or boring read.
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LibraryThing member someonessister
Speak Now - the Story of Hollingsworth V Perry is a book about same sex marriage written by a brilliant law professor named Kenji Yoshino. The book provides a relatively thorough background history of same sex marriage rulings in other states and does a very good job of explaining legal issues and
Profesor Yoshino is a gay man who married his husband Ron Stoneham in August 2009 at a time when same sex marriage was recognized in Connecticut but was not recognized by either the federal government or the majority of the other states. While SPEAK NOW primarily tells the story of the trial that legalized same sex marriage in California, the author also uses his book to share his own love story.
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processes which many readers might otherwise find it difficult to fully understand.Profesor Yoshino is a gay man who married his husband Ron Stoneham in August 2009 at a time when same sex marriage was recognized in Connecticut but was not recognized by either the federal government or the majority of the other states. While SPEAK NOW primarily tells the story of the trial that legalized same sex marriage in California, the author also uses his book to share his own love story.
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LibraryThing member Capybara_99
"Speak Now" is an engaging history of the case that challenged California's Proposition 8, which banned gay marriage in the state. Yoshino's prose is clear, and the book is admirable in presenting legal debates, issues and procedures in prose that is not obstructed by the jargon of either the law
I have caveats, though. This case, and the battle surrounding Prop 8, have been well covered already, and there was not very much new to me in the book. The analysis was intelligent, and Yoshino seems to have had personal access to many participants (and almost participants) and, despite a firm viewpoint, a willingness to engage people with an open mind. (I wish the book contained even more of this type of interview and analysis.) Nonetheless, I personally felt I knew most of this already. Another reader might feel differently.
I also take issue with one of his thesis -- that the judicial trial is the best avenue for addressing this kind of social, legal debate. I cannot help but feel that this argument in the book is there to attempt to save the book from irrelevance, given that the ultimate end of the case was significant for California but few other places, and that the grand battle for legal marriage is being played out in other cases in other courts. But that doesn't matter. I have to think that, though this case had a trial court judge heroic in his effort to bring the matter though a trial that mattered, and to craft a magnificent "Fact"-based opinion based on that trial, it nonetheless turned on the individual in a way that makes it silly to claim it could resolve the essential political debate at the heart. The legal principles do not need a trial to develop the issues, and the democratic legislative process cannot find a good substitute in a court proceeding, Judge Walker's efforts notwithstanding. After all, this was a case I which the named defendants refused to participate, and the people of California were represented by narrowly partisan advocacy groups who had good lawyers but otherwise were incompetent. I applaud the result, but have to hold my nose a bit at the way the sausage was made. This vision of litigation strikes me as very much the view of an academic who does not practice whereof he speaks.
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or the academy. I'd recommend the book to anyone interested in the subject of that case, with emphasis on the trial itself.I have caveats, though. This case, and the battle surrounding Prop 8, have been well covered already, and there was not very much new to me in the book. The analysis was intelligent, and Yoshino seems to have had personal access to many participants (and almost participants) and, despite a firm viewpoint, a willingness to engage people with an open mind. (I wish the book contained even more of this type of interview and analysis.) Nonetheless, I personally felt I knew most of this already. Another reader might feel differently.
I also take issue with one of his thesis -- that the judicial trial is the best avenue for addressing this kind of social, legal debate. I cannot help but feel that this argument in the book is there to attempt to save the book from irrelevance, given that the ultimate end of the case was significant for California but few other places, and that the grand battle for legal marriage is being played out in other cases in other courts. But that doesn't matter. I have to think that, though this case had a trial court judge heroic in his effort to bring the matter though a trial that mattered, and to craft a magnificent "Fact"-based opinion based on that trial, it nonetheless turned on the individual in a way that makes it silly to claim it could resolve the essential political debate at the heart. The legal principles do not need a trial to develop the issues, and the democratic legislative process cannot find a good substitute in a court proceeding, Judge Walker's efforts notwithstanding. After all, this was a case I which the named defendants refused to participate, and the people of California were represented by narrowly partisan advocacy groups who had good lawyers but otherwise were incompetent. I applaud the result, but have to hold my nose a bit at the way the sausage was made. This vision of litigation strikes me as very much the view of an academic who does not practice whereof he speaks.
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LibraryThing member Vryce
I've been putting off rating this because I had a lot to say and wanted to get it right, but you know? I'm not going to let the perfect be the enemy of the good here.
This was a fantastic book, and extremely interesting for myself coming from a civil court background. It is a love letter to the
This was a fantastic book, and extremely interesting for myself coming from a civil court background. It is a love letter to the
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civil trial, really. Well done. Show Less
LibraryThing member JanesList
This review was written for LibraryThing Early Reviewers.
This book, from the perspective of a constitutional law professor, lays out in detail the Hollingsworth v. Perry trial, which was about same-sex marriage in California. Using his own interviews as well as the transcripts of the trial, he
A side conversation that takes place throughout the whole book is the idea that trials give us an opportunity we don't usually have as a society, to have a careful conversation about something, where what you say will be analyzed to make sure it holds water. The author - and I - wish this could happen more often! In politics and the media, people can say things that are not true, or un-thought-out, and even if what they say is challenged and found to be false, it still somehow carries weight. But in a trial it can be picked apart and gotten rid of.
I highly recommend this book.
This book, from the perspective of a constitutional law professor, lays out in detail the Hollingsworth v. Perry trial, which was about same-sex marriage in California. Using his own interviews as well as the transcripts of the trial, he
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really brought the story to life. Yoshino explained the aspects of how trials work and what the different actions meant. I found it riveting and readable, although at times I would forget the meaning of a word he had already defined and have to look it up again. A side conversation that takes place throughout the whole book is the idea that trials give us an opportunity we don't usually have as a society, to have a careful conversation about something, where what you say will be analyzed to make sure it holds water. The author - and I - wish this could happen more often! In politics and the media, people can say things that are not true, or un-thought-out, and even if what they say is challenged and found to be false, it still somehow carries weight. But in a trial it can be picked apart and gotten rid of.
I highly recommend this book.
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LibraryThing member simchaboston
Passionate and eloquent analysis of the marriage equality case that overturned Proposition 8 in California. I don't think I would've made much sense of the trial transcript, but Yoshino explains all the twists and turns clearly and provides fascinating sketches of the issues and personalities
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involved. His stories about him and his husband getting married and having two children through surrogacy are also touching and serve to illustrate the personal impact of such cases on same-sex couples. I'm not sure I completely buy his argument that the trial is the best place to wage the battle for equality, as some of the people who testified in favor of Prop 8 and lost still see nothing illogical about promoting hateful ideas about homosexuality. But I am very glad to have read this book, and as a happily married lesbian I do admit I found myself cheering on the lead attorneys on equality's side as they demolished one biased theory after another. Show Less
LibraryThing member atheist_goat
A wonderfully clear, compassionate, and wise description of the legal challenge to Prop 8. Very timely read right now.
LibraryThing member PhoenixTerran
Kenji Yoshino is a legal scholar specializing in constitutional and anti-discrimination law as well as in the connection between law and literature. He is the author of several books, including Covering: The Hidden Assault on Our Civil Rights, A Thousand Time more Fair: What Shakespeare’s Plays
Speak Now is an engaging and eloquently written work, approachable and accessible even to readers unfamiliar with the complexities of the American legal system and law. Yoshino retells the saga of Hollingsworth v. Perry, placing the case and the arguments made by each side within historical and legal context. While he recognizes his own bias, Yoshino treats both sides of the debate with utmost respect, refrains from sensationalism, and approaches the case and his analysis of it from a place of reason. Intertwined with the story of Hollingsworth v. Perry is Yoshino's own personal story, emphasizing how the results of legal decisions can have a great and direct impact on the life of an individual. Speak Now is an excellent work, providing readers with the opportunity to better understand the importance of Hollingsworth v. Perry and the broader, wide-ranging implications of the case and the decision made by the court.
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Teach Us about Justice, and most recently Speak Now: Marriage Equality on Trial: The Story of Hollingsworth v. Perry. The decision made by the court in this case legalized same-sex marriage in California in 2013, overturning the Proposition 8 ballot initiative. Due to his areas of study and legal expertise, Yoshino is especially qualified to discuss Hollingsworth v. Perry, but as a married gay man with children he also has a very personal interest the case. Speak Now is an engaging and eloquently written work, approachable and accessible even to readers unfamiliar with the complexities of the American legal system and law. Yoshino retells the saga of Hollingsworth v. Perry, placing the case and the arguments made by each side within historical and legal context. While he recognizes his own bias, Yoshino treats both sides of the debate with utmost respect, refrains from sensationalism, and approaches the case and his analysis of it from a place of reason. Intertwined with the story of Hollingsworth v. Perry is Yoshino's own personal story, emphasizing how the results of legal decisions can have a great and direct impact on the life of an individual. Speak Now is an excellent work, providing readers with the opportunity to better understand the importance of Hollingsworth v. Perry and the broader, wide-ranging implications of the case and the decision made by the court.
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LibraryThing member stephivist
Wow. Amazing. Already a candidate for best book I’ve ready all year (and it’s only February!). This is the story of what happens when civil marriage meets religious marriage . . . as it played out in the courtroom, not in television ads. I really loved it – I knew I was going to love it when
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I learned in the first few pages that the lawyers who brought the case against Prop 8 were the lawyers who faced off against each other in Bush v. Gore. How did I not know that? Random facts aside, Yoshino treats the subject, the lawyers, and the witnesses with respect while writing a thorough, but easy-to-read masterpiece. Yes, I said masterpiece. Show Less
LibraryThing member bokai
If you are not particularly familiar with the history of marriage rights activism, you might not know that Perry was not the decision that opened up the right to marry to all 50 states. It was, however, one of the only cases on marriage equality to see a full trial, and for that reason became a
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valuable record of not just the opposing merits of each position in the topic of marriage equality, but also a demonstration of one of the most powerful benefits provided by the court, that being a forum in which through the use of adversarial debate restricted by rules of law, logic and propriety, the truth can be chiseled out of propaganda and appeals to emotion. Speak Now does an excellent job of demonstrating this. Everything that happens at trial is presented clearly for those of us without JDs, and the focus is on the merit of the arguments, with criticism and praise going to both sides of the aisle. Yoshino is gay, and he does make the occasional aside about how this trial and the greater fight for rights affected him personally, but he is also a trained lawyer, and the most refreshing thing about this book is how calmly it treats an issue that was extremely volatile, and how he focuses on the process of law and rarely concerns himself with making points outside of that. For that reason, even if you are not particularly interested in the exact arguments that were laid out by either side during the Perry trial, if you are curious about how judges and courts operate, this is a great primer to that. And considering that in the year 2017 we are in a position where it is more important than ever for the everyday american to understand the mechanisms of our government, I would strongly suggest this book. Show Less
Awards
Stonewall Book Award (Winner — 2016)
American Bar Association Silver Gavel Award (Winner — 2016)
Boston Globe Best Book (Nonfiction — 2015)
San Francisco Chronicle Best Book of the Year (Nonfiction — 2015)
Language
Original language
English
Physical description
384 p.; 9.6 inches
ISBN
0385348800 / 9780385348805
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