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Speak Now: Marriage Equality on Trial
A renowned legal scholar tells the definitive story of 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.
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.
336 pages, Hardcover
First published April 14, 2015
18 people are currently reading
1164 people want to read
About the author
Kenji Yoshino
13 books74 followersKenji Yoshino is the Chief Justice Earl Warren Professor of Constitutional Law at NYU School of Law. He was educated at Harvard (B.A. 1991), Oxford (M.Sc. 1993 as a Rhodes Scholar), and Yale Law School (J.D. 1996). He taught at Yale Law School from 1998 to 2008, where he served as Deputy Dean (2005-6) and became the inaugural Guido Calabresi Professor in 2006. His fields are constitutional law, anti-discrimination law, and law and literature. He has received several distinctions for his teaching, most recently the Podell Distinguished Teaching Award in 2014.
Yoshino is the author of three books—Speak Now: Marriage Equality on Trial (2015); A Thousand Times More Fair: What Shakespeare’s Plays Teach Us About Justice (2011); and Covering: The Hidden Assault on Our Civil Rights (2006). Yoshino has published in major academic journals, including The Harvard Law Review, The Stanford Law Review, and The Yale Law Journal. He has also written for more popular forums, including The Los Angeles Times, The New York Times, and The Washington Post.
Yoshino makes regular appearances on radio and television programs, such as NPR, CNN, PBS and MSNBC. In 2015, he became a regular contributor to the New York Times Magazine’s podcast and column “The Ethicists.”
In 2011, he was elected to the Harvard Board of Overseers for a six-year term. He also serves on the Advisory Board of the Center for Talent Innovation, the Board of the Brennan Center for Justice, the External Advisory Panel for Diversity and Inclusion for the World Bank Group, the Global Advisory Board for Out Leadership, and the Inclusion External Advisory Council for Deloitte.
He lives in New York City with his husband and two children.
Yoshino is the author of three books—Speak Now: Marriage Equality on Trial (2015); A Thousand Times More Fair: What Shakespeare’s Plays Teach Us About Justice (2011); and Covering: The Hidden Assault on Our Civil Rights (2006). Yoshino has published in major academic journals, including The Harvard Law Review, The Stanford Law Review, and The Yale Law Journal. He has also written for more popular forums, including The Los Angeles Times, The New York Times, and The Washington Post.
Yoshino makes regular appearances on radio and television programs, such as NPR, CNN, PBS and MSNBC. In 2015, he became a regular contributor to the New York Times Magazine’s podcast and column “The Ethicists.”
In 2011, he was elected to the Harvard Board of Overseers for a six-year term. He also serves on the Advisory Board of the Center for Talent Innovation, the Board of the Brennan Center for Justice, the External Advisory Panel for Diversity and Inclusion for the World Bank Group, the Global Advisory Board for Out Leadership, and the Inclusion External Advisory Council for Deloitte.
He lives in New York City with his husband and two children.
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Displaying 1 - 30 of 41 reviews
October 11, 2017
I finished this nearly a year ago and I am just coming back to write my review. This isn't because I didn't enjoy the book or because I didn't feel like it was important. I tend to write personal feeling type reviews and I didn't know how to write this without turning it into something about me. Because the gay rights movement, same sex marriage in particular, is a topic that is incredibly important to me, but I am not gay. And because this topic IS important, but it's not mine.
Growing up I didn't have much exposure to homosexuality but I knew that in my heart I didn't believe there was anything wrong with same sex individuals being in a relationship. In college my eyes were opened to the stigmas and prejudices that affected daily life for homosexuals. I will never truly understand the hurt that same sex couples felt (and still feel) when their relationship is criticized or not viewed as legitimate. But I want to try.
This book is about the trial opposing Proposition 8 on the California ballot that outlawed same-sex marriage. Now, because of Obergefell v. Hodges (June 2015) the state would not have been able to put this measure on the ballot, but in 2008 California could and it did. In Speak Now, Yoshino holds your hand and delicately walks you through the case. The book is organized in a very deliberate and thoughtful manner to build your knowledge of the inner workings of the case as it proceeds along the timeline of events.
I have zero knowledge of the law and what is required of the day to day plugging along of a case that goes to trial, but this never felt dull to me and Yoshino kept it interesting. I appreciate his sharing his own experience as a newly married gay man at the time of this case and I understand why he chose this topic for his book. It is important to understand the hard fought battles that led to the 2015 Supreme Court ruling that the right to marriage is guaranteed by the constitution for same sex couples. I hope that people continue to read this book so those battles are not forgotten.
Disclaimer:
I received my copy via Goodreads First Reads
Growing up I didn't have much exposure to homosexuality but I knew that in my heart I didn't believe there was anything wrong with same sex individuals being in a relationship. In college my eyes were opened to the stigmas and prejudices that affected daily life for homosexuals. I will never truly understand the hurt that same sex couples felt (and still feel) when their relationship is criticized or not viewed as legitimate. But I want to try.
This book is about the trial opposing Proposition 8 on the California ballot that outlawed same-sex marriage. Now, because of Obergefell v. Hodges (June 2015) the state would not have been able to put this measure on the ballot, but in 2008 California could and it did. In Speak Now, Yoshino holds your hand and delicately walks you through the case. The book is organized in a very deliberate and thoughtful manner to build your knowledge of the inner workings of the case as it proceeds along the timeline of events.
I have zero knowledge of the law and what is required of the day to day plugging along of a case that goes to trial, but this never felt dull to me and Yoshino kept it interesting. I appreciate his sharing his own experience as a newly married gay man at the time of this case and I understand why he chose this topic for his book. It is important to understand the hard fought battles that led to the 2015 Supreme Court ruling that the right to marriage is guaranteed by the constitution for same sex couples. I hope that people continue to read this book so those battles are not forgotten.
Disclaimer:
I received my copy via Goodreads First Reads
May 14, 2015
Speak Now is the story about the trial of Proposition 8, the law that was passed in California that banned gay marriage. Like many people, I followed the case with intrigue and curiosity. I didn’t know or understand a lot of what was going on at the time, at this book really helps clarify and explain everything. Yoshino not only delves deeper into explaining the trial, but he adds his own personal story and experiences which strengthens the book. He also includes historical background when necessary which I think really helps the reader understand the trial. While he begins the story explaining his point of view and which side of the trial he falls, I never once felt I was being persuaded to agree with his opinion. He writes with honesty and presented both sides very well. It is clear, concise and well written. 5/5
June 6, 2015
As I write this (mid-April 2015), the U.S. Supreme Court is about to discuss, and perhaps rule on, the full issue of same-sex marriage in the 50 states. This book couldn’t be more timely. Although the Prop 8 case ended in 2013, it did provide a basis for subsequent arguments in other courts, and now the issue is before the Court in full measure. It’s worth looking back at this prior turning point, whatever the latest outcome.
This book may be perhaps the definitive, and most compelling, story of Hollingsworth v. Perry, the Prop 8 case, written by a legal expert who tells the story in an understandable way, and retains a sense of humanity, drama, even poignancy throughout. It’s not easy – it’s a day-by-day trial narrative, with complex legal issues – but the author keeps this from being dry. It helps that he weaves his own personal urgency into this: as someone himself in a same-sex marriage, with two children, he was one of millions at hazard in this case.
The case itself ran from Nov. 2008, when California voters passed Proposition 8, repealing same-sex marriage there, and proceeded as a Federal lawsuit through district and appellate courts, ending at the U.S. Supreme Court in June 2013. “What happened over those twelve days in San Francisco could easily fade from public view,” he tells us. “That would be a great loss, as the trial record offered an unparalleled discussion of the civil-rights issue of our time.”
Indeed, the author is masterly at showing how a trial, with evidentiary tests and an adversarial system of discussion, could, did, clarify the emotional, often-irrational, assertions from the ballot campaign. “Trials separate fact from belief,” he asserts, and shows us in the telling, of this case.
He puts the case in context, acknowledging that the sudden lawsuit was a usurpation, a sharp change from the incremental, gradual campaign by many activists (disclosure: including me) over many years. The sudden intervention by two high-profile lawyers, David Boies and Ted Olson, from outside, seemed to put all the effort at risk. The author puts the lawsuit in perspective: it would be a nervous new gamble, to trust them with a case upon which all the effort could fail in a bad ruling.
The author, even more impressively, shows the divisions and tactics on the other side. Prop 8’s proponents, too, had to narrow down its legal team and its arguments, sidelining many of their activists, expert witnesses and central beliefs on an emotional issue. He treats them fairly enough. Certainly, the proponents had a difficult time getting their case together, as the book shows, and have been trying to adapt since 2013 as new cases moved ahead. For them, too, we see this was crucial early experience.
Lucid, compelling, human story – and not just for legal scholars. Highest recommendation.
This book may be perhaps the definitive, and most compelling, story of Hollingsworth v. Perry, the Prop 8 case, written by a legal expert who tells the story in an understandable way, and retains a sense of humanity, drama, even poignancy throughout. It’s not easy – it’s a day-by-day trial narrative, with complex legal issues – but the author keeps this from being dry. It helps that he weaves his own personal urgency into this: as someone himself in a same-sex marriage, with two children, he was one of millions at hazard in this case.
The case itself ran from Nov. 2008, when California voters passed Proposition 8, repealing same-sex marriage there, and proceeded as a Federal lawsuit through district and appellate courts, ending at the U.S. Supreme Court in June 2013. “What happened over those twelve days in San Francisco could easily fade from public view,” he tells us. “That would be a great loss, as the trial record offered an unparalleled discussion of the civil-rights issue of our time.”
Indeed, the author is masterly at showing how a trial, with evidentiary tests and an adversarial system of discussion, could, did, clarify the emotional, often-irrational, assertions from the ballot campaign. “Trials separate fact from belief,” he asserts, and shows us in the telling, of this case.
He puts the case in context, acknowledging that the sudden lawsuit was a usurpation, a sharp change from the incremental, gradual campaign by many activists (disclosure: including me) over many years. The sudden intervention by two high-profile lawyers, David Boies and Ted Olson, from outside, seemed to put all the effort at risk. The author puts the lawsuit in perspective: it would be a nervous new gamble, to trust them with a case upon which all the effort could fail in a bad ruling.
The author, even more impressively, shows the divisions and tactics on the other side. Prop 8’s proponents, too, had to narrow down its legal team and its arguments, sidelining many of their activists, expert witnesses and central beliefs on an emotional issue. He treats them fairly enough. Certainly, the proponents had a difficult time getting their case together, as the book shows, and have been trying to adapt since 2013 as new cases moved ahead. For them, too, we see this was crucial early experience.
Lucid, compelling, human story – and not just for legal scholars. Highest recommendation.
June 30, 2016
i'd had this book on my tbr since reading yoshino's first book, Covering: The Hidden Assault on Our Civil Rights. in COVERING, yoshino makes arguments i agree with, some i don't, and/but the book definitely prompted a lot of thought and reflection on my part.
SPEAK NOW is definitely less... philosophical than COVERING; it's a nonfiction history, constitutional law book more than a theoretical manifesto. which is to say – it wasn't what i was expecting? but i still really, really enjoyed it. yoshino can be a bit dense, and there were a few sentences i had to reread multiple times to really understand what he was trying to say, but still, for a book on constitutional law and court proceedings, i found the text to be pretty accessible.
for me, the biggest takeaway from this book was the importance of the prop 8 trial in paving the way for nationwide marriage equality. naive as it may sound, as a non-lawyer, i hadn't really thought about the lasting impact more local trials can have in terms of setting precedents and introducing certain language into the legal lexicon. i also really appreciated the bonus bits at the back of the paperback edition, where yoshino addresses criticisms from more grassroots queer organizations that criticize the focus of the mainstream lgbtq's movement on marriage, rather than homelessness, transphobia, and other issues affecting the community that seem more dire.
all in all, definitely a very valuable read for me. and, if you're unfamiliar with the prop 8 case, i highly recommend dustin lance black's play adaptation of the trial transcript, a reading of which was filmed (ft. martin sheen, brad pitt, george clooney, and many more)! you can check out the full, hq recording HERE.
SPEAK NOW is definitely less... philosophical than COVERING; it's a nonfiction history, constitutional law book more than a theoretical manifesto. which is to say – it wasn't what i was expecting? but i still really, really enjoyed it. yoshino can be a bit dense, and there were a few sentences i had to reread multiple times to really understand what he was trying to say, but still, for a book on constitutional law and court proceedings, i found the text to be pretty accessible.
for me, the biggest takeaway from this book was the importance of the prop 8 trial in paving the way for nationwide marriage equality. naive as it may sound, as a non-lawyer, i hadn't really thought about the lasting impact more local trials can have in terms of setting precedents and introducing certain language into the legal lexicon. i also really appreciated the bonus bits at the back of the paperback edition, where yoshino addresses criticisms from more grassroots queer organizations that criticize the focus of the mainstream lgbtq's movement on marriage, rather than homelessness, transphobia, and other issues affecting the community that seem more dire.
all in all, definitely a very valuable read for me. and, if you're unfamiliar with the prop 8 case, i highly recommend dustin lance black's play adaptation of the trial transcript, a reading of which was filmed (ft. martin sheen, brad pitt, george clooney, and many more)! you can check out the full, hq recording HERE.
March 13, 2020
An excellent read. He does a great job of breaking down the complex legal terms and legal strategies for a lay person. But what's most amazing about this book, is that between discuss of the case, Yoshino adds in moments of true heart-felt emotion, always reminding the reader that the whole reason for this is that the love that same-sex American couples feel for each other. I would be very engaged in the trial, and then 10 pages later be deeply moved by the stories surrounding the court case. Would recommend.
May 16, 2015
This is a super easy read; it makes Perry v. Hollingsworth and its consequences completely understandable for the lay person (versus a lawyer). If you've already read one of the more in-depth books about the case, however, this'll be a very redundant and unnecessary read. If you haven't, and you're interested in knowing more about the trial, though, you can't go wrong with this.
December 15, 2021
I'm so glad I borrowed this from my college's library! What an interesting and inspiring read. This made me appreciate how many people worked hard for marriage equality in this country, and I know I'll think of this book often in the future. Highly recommended.
June 3, 2024
both analytical and personal. excellent
June 3, 2023
It may seem strange to call a book of legal scholarship "beautiful" but that is the word that immediately comes to mind to describe "Speak Now." While the book is specifically about Hollingsworth v. Perry, Professor Yoshino also provides a relatively complete history of marriage equality laws in the United States. I am an attorney but I didn't feel that the text was overly burdened with legalese. The language isn't simple, by any means, but it is written in a way that laypersons can understand the legal concepts being discussed, even without a law degree. Professor Yoshino also assumes the reader is not familiar with the legal issues and spends a bit of time explaining each issue, much the way I imagine he conducts his lectures in his Constitutional law classes. He gives a brief history of Constitutional issues familiar to any law student or attorney such as the Equal Protection clause, due process, heightened scrutiny vs. rational basis, and the test a group of persons must pass in order to become a protected class, plus other issues regarding the legislative and trial processes. His students are lucky to have him and I found myself wishing I could have had him as a professor when I was in law school. He breaks down each individual issue addressed at the trial and lays bare the arguments made by each side of the debate in a manner that is easy to understand. I could go on and on about his methodical system of laying out explanations for the complicated legal issues addressed by the trial but, to be honest, that isn't even the most impressive part of the book for me.
Professor Yoshino is a brilliant writer. He presents a controversial issue in a distinctly human way, putting much of himself and his own personal experiences and those of the Plaintiffs in the narrative along the way. While his analyses of the legal aspects of the debate are objective, he also represents the real human face of the persons most affected by the fight for marriage equality. His description of the births of his daughter and son, and the relationship he shares with his husband, brought tears to my eyes. It touched me in a way that only a story of love through hardship can do. There are many more things you can tell about Professor Yoshino as a human being through his writing. Throughout the entire book he treats every person he interviews with respect and civility, even the ones who are actively trying to keep him from personally attaining marriage equality. With one exception, he never disparages another person on any side of the debate or holding any opinion, whether he disagrees or not (the exception being Westboro Baptist Church). It is this respect for his fellow human beings that has earned him my respect. As a nation, we have forgotten how to be civil and respectful to each other when expressing differences of opinion. We tend to forget that we are not just talking about abstract ideas but that our words and actions have an affect on real people. The book is refreshing not just for its invaluable discussion of the legal issues surrounding marriage equality but for its call for a return of humanity in debating issues with others. Beautiful and extremely well-written. I urge everyone to read it, not just LGBTQ persons and allies but everyone who is not sure about where they stand in the debate for marriage equality and those who think they are positive where they stand in the debate for marriage equality. Kenji Yoshino urges us all to stop assuming that others have experienced life the way we have and to not be afraid to change our minds when we are presented with evidence that shakes the foundations of what we believe.
I received an ARC of this book in exchange for an honest review.
Professor Yoshino is a brilliant writer. He presents a controversial issue in a distinctly human way, putting much of himself and his own personal experiences and those of the Plaintiffs in the narrative along the way. While his analyses of the legal aspects of the debate are objective, he also represents the real human face of the persons most affected by the fight for marriage equality. His description of the births of his daughter and son, and the relationship he shares with his husband, brought tears to my eyes. It touched me in a way that only a story of love through hardship can do. There are many more things you can tell about Professor Yoshino as a human being through his writing. Throughout the entire book he treats every person he interviews with respect and civility, even the ones who are actively trying to keep him from personally attaining marriage equality. With one exception, he never disparages another person on any side of the debate or holding any opinion, whether he disagrees or not (the exception being Westboro Baptist Church). It is this respect for his fellow human beings that has earned him my respect. As a nation, we have forgotten how to be civil and respectful to each other when expressing differences of opinion. We tend to forget that we are not just talking about abstract ideas but that our words and actions have an affect on real people. The book is refreshing not just for its invaluable discussion of the legal issues surrounding marriage equality but for its call for a return of humanity in debating issues with others. Beautiful and extremely well-written. I urge everyone to read it, not just LGBTQ persons and allies but everyone who is not sure about where they stand in the debate for marriage equality and those who think they are positive where they stand in the debate for marriage equality. Kenji Yoshino urges us all to stop assuming that others have experienced life the way we have and to not be afraid to change our minds when we are presented with evidence that shakes the foundations of what we believe.
I received an ARC of this book in exchange for an honest review.
May 14, 2015
4.0 of 5 stars – Intelligent, Clear Explanation of Important GLBTQ Trial
This is a perfect matching bookend with the book about the seminal glbtq case of Lawrence vs. Texas (Flagrant Conduct by Dale Carpenter). But don't make the same mistake I did. Even having read and loved the Lawrence book, I was a bit leery that this one would be a lawyerly dry tome. It wasn't.
Kenji Yoshino writes in a clear, intelligent style about both the legal and personal aspects of this case and issues of marriage equality. Just as in the trial itself, to personalize things, there were a number of interesting background stories, and I wanted even more in place of some of the legal details. There was a brief story about each of the four plaintiffs, but it was not much more than from the trial itself when they testified. There was actually more about what I considered people once- and twice-removed – the expert witnesses, and the lawyers themselves.
It was a good attempt to personalize it, but it just fell short of how I felt about the Lawrence book. That kind of case and nature of the crime may have made it more conducive for this, but the Lawrence book got more into the backgrounds of the defendants themselves and interesting, even ironic and serendipitous circumstances and stories of people involved in the incident (vs. the "court" people who later got involved in the case), which personalized it more for me.
A key thing I liked about the whole thing was learning from Yoshino not just about the legal issues surrounding marriage equality but also about the legal process itself, and in particular, the advantages that a trial has over even a summary judgment or especially a voter referendum. Kenji Yoshino made a convincing case of how the trial process allowed both sides ample opportunity to present facts, evidence and logic, but also subjected bare allegations to rigorous review, expert analysis and cross-examination. In other words, no other process does as good a job of separating the wheat from the shaft.
To his credit, Judge Walker pushed for a trial in order to make a decision based on a "detailed factual record," which would allow for not only meticulous assessment during the trail, but would make that record available for reference afterwards, which again to his credit, it has indeed been the case (as Yoshino studiously pointed out).
On the eve of another set of important marriage equality cases coming before the Supreme Court, this was a timely and enlightening read.
This is a perfect matching bookend with the book about the seminal glbtq case of Lawrence vs. Texas (Flagrant Conduct by Dale Carpenter). But don't make the same mistake I did. Even having read and loved the Lawrence book, I was a bit leery that this one would be a lawyerly dry tome. It wasn't.
Kenji Yoshino writes in a clear, intelligent style about both the legal and personal aspects of this case and issues of marriage equality. Just as in the trial itself, to personalize things, there were a number of interesting background stories, and I wanted even more in place of some of the legal details. There was a brief story about each of the four plaintiffs, but it was not much more than from the trial itself when they testified. There was actually more about what I considered people once- and twice-removed – the expert witnesses, and the lawyers themselves.
It was a good attempt to personalize it, but it just fell short of how I felt about the Lawrence book. That kind of case and nature of the crime may have made it more conducive for this, but the Lawrence book got more into the backgrounds of the defendants themselves and interesting, even ironic and serendipitous circumstances and stories of people involved in the incident (vs. the "court" people who later got involved in the case), which personalized it more for me.
A key thing I liked about the whole thing was learning from Yoshino not just about the legal issues surrounding marriage equality but also about the legal process itself, and in particular, the advantages that a trial has over even a summary judgment or especially a voter referendum. Kenji Yoshino made a convincing case of how the trial process allowed both sides ample opportunity to present facts, evidence and logic, but also subjected bare allegations to rigorous review, expert analysis and cross-examination. In other words, no other process does as good a job of separating the wheat from the shaft.
To his credit, Judge Walker pushed for a trial in order to make a decision based on a "detailed factual record," which would allow for not only meticulous assessment during the trail, but would make that record available for reference afterwards, which again to his credit, it has indeed been the case (as Yoshino studiously pointed out).
On the eve of another set of important marriage equality cases coming before the Supreme Court, this was a timely and enlightening read.
July 31, 2015
Two-part disclaimer, although I don't think either of these biased my review of the book..
1) I won this book in a Goodreads giveaway. It was SO EXCITING to get the email that I'd won and then come home to see a book-sized package on my porch!! Total score!
2) The author is a professor at NYU where I went to law school, although he wasn't there when I was, and I didn't know that until I read his bio on the book jacket.
I really enjoyed this book--it is actually a walk-through of the trial that took place in CA in opposition to Prop. 8, the ballot measure that outlawed same-sex marriage in CA: one chapter about each side's counsel; one about lay witnesses; one about expert witnesses who were withdrawn prior to trial; one about the judge's decision. Although the whole thing felt slightly moot based on the recent Supreme Court decision, it was still interesting to walk back through the case actually put forth by both sides--witness testimony, expert opinions, etc., and it was a love story apart from gay marriage--a love affair with the legal process of a trial, and I came away feeling good about how our legal trials (not plea deals, or summary judgment, etc.) actually function.
1) I won this book in a Goodreads giveaway. It was SO EXCITING to get the email that I'd won and then come home to see a book-sized package on my porch!! Total score!
2) The author is a professor at NYU where I went to law school, although he wasn't there when I was, and I didn't know that until I read his bio on the book jacket.
I really enjoyed this book--it is actually a walk-through of the trial that took place in CA in opposition to Prop. 8, the ballot measure that outlawed same-sex marriage in CA: one chapter about each side's counsel; one about lay witnesses; one about expert witnesses who were withdrawn prior to trial; one about the judge's decision. Although the whole thing felt slightly moot based on the recent Supreme Court decision, it was still interesting to walk back through the case actually put forth by both sides--witness testimony, expert opinions, etc., and it was a love story apart from gay marriage--a love affair with the legal process of a trial, and I came away feeling good about how our legal trials (not plea deals, or summary judgment, etc.) actually function.
May 5, 2015
I like books that make me think. I also like books that teach me something. This book does both. I don't see how anyone approaching this book with an semi-open mind wouldn't see how marriage equality would make so many lives better. It presents every side of the argument and calmly uses what happened in the actual trial to prove that marriage equality is the best solution.
Plus, you get to know pretty much everything that happened at trial without having to read that horribly long transcript of the trial.
**received my copy via Goodreads First Reads**
Plus, you get to know pretty much everything that happened at trial without having to read that horribly long transcript of the trial.
**received my copy via Goodreads First Reads**
July 22, 2015
If you have yet to read this novel, I highly recommend you do. Kenji Yoshino wrote a compelling, in-depth account on this historic trail that many–if not all– should be aware of. I was a bit concerned prior to reading this, due to the legal terms, however it’s beautifully written, and comprehensive. This novel is thoroughly researched though-provoking, and educational. Anyone interested in marriage equality in our nation should find time to read this.
August 29, 2023
I had read another book by the author and was intrigued by this one. I am old enough to have watched the vote for Proposition 8 in California (which would rescind the right for same-sex couples to marry) and comprehend the consequences for its passage, politically, socially, etc. This follows the legal battle to overturn this law and the journey for both the author and the ultimate fate of the law (which was eventually overturned with the final appeal being denied).
Weaving both his personal story and the lawsuit, Yoshino also interviewed witnesses and lawyers on both sides of the case, bringing together a story that probably could not be covered any other way, as a longread in a magazine/newspaper, etc. would not do this justice. Yoshino himself felt ambiguous about the challenge, but obviously the impact of Proposition 8 had significant repercussions not only for Californians but potentially for the nation as well.
I have to admit, this was extremely dull. As mentioned, I read another book by the author and was not all that into that one either but read this for both the subject matter and that this is a little different (a breakdown of a case vs. a more of a "how to" book). The negative reviews nail it: this is an extremely important book and does cover something that needed a book like this vs reporting or a documentary, etc. But the writing is extremely hard and as someone who is a layperson who is not familiar with this challenge, the legal terms, etc. I found it rather tough to read.
Of course, this is definitely a book of interest to LGBTQ+ issues, the law, etc. I would not be surprised to see this on law school syllabi, civil rights syllabi, etc. but as mentioned, for a regular Joe or Jane who is not an expert this might not be for you unless you have a particular tie or interest for this case.
Borrowed from the library and that was best for me.
Weaving both his personal story and the lawsuit, Yoshino also interviewed witnesses and lawyers on both sides of the case, bringing together a story that probably could not be covered any other way, as a longread in a magazine/newspaper, etc. would not do this justice. Yoshino himself felt ambiguous about the challenge, but obviously the impact of Proposition 8 had significant repercussions not only for Californians but potentially for the nation as well.
I have to admit, this was extremely dull. As mentioned, I read another book by the author and was not all that into that one either but read this for both the subject matter and that this is a little different (a breakdown of a case vs. a more of a "how to" book). The negative reviews nail it: this is an extremely important book and does cover something that needed a book like this vs reporting or a documentary, etc. But the writing is extremely hard and as someone who is a layperson who is not familiar with this challenge, the legal terms, etc. I found it rather tough to read.
Of course, this is definitely a book of interest to LGBTQ+ issues, the law, etc. I would not be surprised to see this on law school syllabi, civil rights syllabi, etc. but as mentioned, for a regular Joe or Jane who is not an expert this might not be for you unless you have a particular tie or interest for this case.
Borrowed from the library and that was best for me.
September 2, 2017
I need time to work on this review for my own records, but this book was incredibly well paced, presenting an unbelievably thorough account of the trial and its aftermath without feeling dense or dreary.
June 9, 2018
Yoshino takes a difficult trial and explains the lawyerly stuff. So many parties took part that it is sometimes difficult to keep a clear idea of who is doing what. The author's own narrative helps convey the message of what marriage means.
May 19, 2015
Originally published at Reading Reality
The title of this book is taken from the familiar traditional marriage ceremony. You know exactly where, too. It’s that famous, or infamous, point in the ceremony where the officiant asks whether anyone in attendance, “has reasons why these two should not be married, speak now or forever hold your peace.”
In fiction, it’s a dramatic moment, in real life, almost a joke. But in the case of marriage equality, there are all too many forces arrayed that would jump up and say that they have reasons why two men or two women should not be able to marry each other, and have spoken at length and sometimes with great emotion. And at other times with extreme malice. Or to use the legal term, animus.
Speak Now covers the same ground as last year’s Forcing the Spring: Inside the Fight for Marriage Equality, but through a much different lens.
Forcing the Spring was written by an embedded journalist in the fight to overturn California’s Proposition 8, the state constitutional amendment that made same sex marriage illegal in California, after a landmark court decision that found such bans to be unconstitutional, and after many thousands of marriages had been performed while the legal window was opened.
The case against Prop 8 intended to push that window open again, and keep it open, by going all the way to the Supreme Court if necessary. Which, of course, it was.
Where Forcing the Spring reads like a legal thriller, Speak Now is written from the point of view of someone who is both a legal expert and is personally affected by the outcome of the case. So there are both more personal reflections included in this narrative, and more legal analysis.
Don’t let the thought of that legal analysis put any reader off – it is thorough, well-done, and especially accessible to the lay reader. At the same time, the author makes it very clear just how different the conduct of this case turned out to be. The author, as a lawyer himself, shows both his fascination with the process in general, and his enjoyment of the trial process in this case. We are able to see through his eyes both how unusual it was, and how much the trial process itself affect the outcome.
The trial process forced everyone on both sides to subject their contentions to rigorous investigation by opposing counsel. In a trial, you can’t just say something is true, you have to prove it. And the separation of church and state is still considered important. So that religious grounds for banning same-sex marriage do not hold up. The “why” of a thing has to be something that the state (meaning the government) has a reasonable interest in. And the government cannot have a reasonable interest, or any interest, in religion.
As a look into how the legal process can work to protect the rights of a minority against oppression by the majority, this is a beautiful case of our legal process at work.
Even those who disagree with the outcome will find the process of the case itself fascinating.
Reality Rating A: In light of the Supreme Court oral hearings last week on the subject of marriage equality in the U.S. Sixth Circuit (Kentucky, Michigan, Ohio and Tennessee) in the case of Obergefell v. Hodges, this seemed like a good time to look at this topic again. Speak Now turned out to be a terrific choice, one that covers what is now a familiar case from a different perspective than the more popularized version in Forcing the Spring.
As a lawyer himself, the author dives more deeply into the legal process of the case, and shows clearly how well the trial process worked in this case, and why. He also makes it plain that he likes and enjoys the trial process in general, and his opinion that the requirements for proof of any assertions in a trial is one of the cornerstones of our justice system. And he makes this one particularly fascinating.
The author personalizes the story by letting readers see its effects on him, his family and his life, and how the personal stories of the plaintiffs in the case both moved him and resonated with him, his husband and their two children. The landscape of marriage equality has changed a great deal in a relatively short period of time. Both the author’s family and this case are emblematic of that change.
By the end of June, we will all know how the current case has been decided. As we wait, reading this book provides insight into how we reached this point as a nation.
The title of this book is taken from the familiar traditional marriage ceremony. You know exactly where, too. It’s that famous, or infamous, point in the ceremony where the officiant asks whether anyone in attendance, “has reasons why these two should not be married, speak now or forever hold your peace.”
In fiction, it’s a dramatic moment, in real life, almost a joke. But in the case of marriage equality, there are all too many forces arrayed that would jump up and say that they have reasons why two men or two women should not be able to marry each other, and have spoken at length and sometimes with great emotion. And at other times with extreme malice. Or to use the legal term, animus.
Speak Now covers the same ground as last year’s Forcing the Spring: Inside the Fight for Marriage Equality, but through a much different lens.
Forcing the Spring was written by an embedded journalist in the fight to overturn California’s Proposition 8, the state constitutional amendment that made same sex marriage illegal in California, after a landmark court decision that found such bans to be unconstitutional, and after many thousands of marriages had been performed while the legal window was opened.
The case against Prop 8 intended to push that window open again, and keep it open, by going all the way to the Supreme Court if necessary. Which, of course, it was.
Where Forcing the Spring reads like a legal thriller, Speak Now is written from the point of view of someone who is both a legal expert and is personally affected by the outcome of the case. So there are both more personal reflections included in this narrative, and more legal analysis.
Don’t let the thought of that legal analysis put any reader off – it is thorough, well-done, and especially accessible to the lay reader. At the same time, the author makes it very clear just how different the conduct of this case turned out to be. The author, as a lawyer himself, shows both his fascination with the process in general, and his enjoyment of the trial process in this case. We are able to see through his eyes both how unusual it was, and how much the trial process itself affect the outcome.
The trial process forced everyone on both sides to subject their contentions to rigorous investigation by opposing counsel. In a trial, you can’t just say something is true, you have to prove it. And the separation of church and state is still considered important. So that religious grounds for banning same-sex marriage do not hold up. The “why” of a thing has to be something that the state (meaning the government) has a reasonable interest in. And the government cannot have a reasonable interest, or any interest, in religion.
As a look into how the legal process can work to protect the rights of a minority against oppression by the majority, this is a beautiful case of our legal process at work.
Even those who disagree with the outcome will find the process of the case itself fascinating.
Reality Rating A: In light of the Supreme Court oral hearings last week on the subject of marriage equality in the U.S. Sixth Circuit (Kentucky, Michigan, Ohio and Tennessee) in the case of Obergefell v. Hodges, this seemed like a good time to look at this topic again. Speak Now turned out to be a terrific choice, one that covers what is now a familiar case from a different perspective than the more popularized version in Forcing the Spring.
As a lawyer himself, the author dives more deeply into the legal process of the case, and shows clearly how well the trial process worked in this case, and why. He also makes it plain that he likes and enjoys the trial process in general, and his opinion that the requirements for proof of any assertions in a trial is one of the cornerstones of our justice system. And he makes this one particularly fascinating.
The author personalizes the story by letting readers see its effects on him, his family and his life, and how the personal stories of the plaintiffs in the case both moved him and resonated with him, his husband and their two children. The landscape of marriage equality has changed a great deal in a relatively short period of time. Both the author’s family and this case are emblematic of that change.
By the end of June, we will all know how the current case has been decided. As we wait, reading this book provides insight into how we reached this point as a nation.
July 21, 2015
This book is the story of one of the cases that led to Obergefell vs. Hodges, the recent Supreme Court decision that legalized marriage equality in all fifty states. Hollingsworth v. Perry is the trial that resulted in the striking down of California's Proposition 8, the citizens initiative that banned same-sex marriage.
Because the author is a Professor of Constitutional Law, he gets pretty deep in the legalese weeds here. No doubt some will find this boring; I found it fascinating, and the story of the trial reads like a novel. The author discusses the plaintiffs (two same-sex couples denied a marriage license), the proponents, the lawyers behind the marriage-equality movement and the history of the movement, the lawyers who brought Perry to trial (including Republican Ted Olson, who ironically won the horrid Citizens United decision before the Supreme Court), and the judge. This all takes place in Part I, a necessary set-up to the trial itself.
Part II delves deep into the trial, including excerpts from the transcript. The author thoroughly explores the arguments put forth by both sides, and explains how the arguments against same-sex marriage simply do not hold up. The proponents' witnesses were, to put it mildly, lacking, and the plaintiffs made their case with a mixture of expert witnesses and people relating their lived experiences. The plaintiffs ultimately prevailed, but of course the case was appealed to the Supreme Court, where it was taken up along with United States vs. Windsor, the case that struck down DOMA (the federal Defense of Marriage Act). The California judge's ruling in Perry was also upheld at that time, albeit on narrow grounds that applied to the state of California only; but in that ruling (along with Windsor) the seed was planted that led to the final victory just last month.
The author, Kenji Yoshino, does a very good job of explaining torturous legal minutiae and making it understandable for the layperson, and constructing an absorbing narrative. Especially interesting, to me, was his championing the process of the trial in and of itself, and how cross-examination can strip arguments to their bare essentials and create a record that exposes their faults and virtues for all to see. One paragraph I particularly liked:
Finally, trials separate fact from belief. At least in the United States today, the trial requires an innately secular form of argumentation. As such, it operates as a sieve that filters out religious motivations for a law. The Perry trial showed that opposition to same-sex marriage is largely rooted in conservative religious beliefs. Beliefs move people to engage passionately in a cause, and passion can often persuade. Yet as the trial showed, a passion is not a reason, much less a reason for a law. (p. 269)
This is good too:
Finally, a trial is, as one reporter said of Perry, a "great and theatrical classroom." Olson later reflected that Perry "was an enormous education to everybody who was in that courtroom, even those who had been laboring in the vineyard for gay rights." Though the proceedings were not broadcast, Perry has generated numerous books, articles, TV pieces, a documentary, and a play, all of which have extended the trial's reach. While the purpose of a trial is justice for the parties, not public education, trials have been known to provide that education as a collateral benefit. (p. 274)
The author ends the book with a ringing endorsement:
So let me pre-commit myself: Next time such a legal controversy arises that implicates thorny "legislative" facts, let it go to trial. Let us try whether women regret their abortions, whether guns deter crime, or whether climate change is occurring. And let the product of the trial be disseminated throughout all forums in which the debate is taking place. For me, the Perry trial explored not one, but two civil ceremonies--the ceremony of marriage and the ceremony of the trial. I have come to see that my conviction about the importance of the civil trial are just as consequential as my convictions about marriage. And so I say again--for the next great legal controversy that turns on key legislative fact: Let there be a trial.
Everyone knows how terribly flawed the American judicial system is, but reading this book will revive one's faith in it, even for a little while. This is an admirable accomplishment. It's also more meaningful now, in light of marriage equality's ultimate victory.
Because the author is a Professor of Constitutional Law, he gets pretty deep in the legalese weeds here. No doubt some will find this boring; I found it fascinating, and the story of the trial reads like a novel. The author discusses the plaintiffs (two same-sex couples denied a marriage license), the proponents, the lawyers behind the marriage-equality movement and the history of the movement, the lawyers who brought Perry to trial (including Republican Ted Olson, who ironically won the horrid Citizens United decision before the Supreme Court), and the judge. This all takes place in Part I, a necessary set-up to the trial itself.
Part II delves deep into the trial, including excerpts from the transcript. The author thoroughly explores the arguments put forth by both sides, and explains how the arguments against same-sex marriage simply do not hold up. The proponents' witnesses were, to put it mildly, lacking, and the plaintiffs made their case with a mixture of expert witnesses and people relating their lived experiences. The plaintiffs ultimately prevailed, but of course the case was appealed to the Supreme Court, where it was taken up along with United States vs. Windsor, the case that struck down DOMA (the federal Defense of Marriage Act). The California judge's ruling in Perry was also upheld at that time, albeit on narrow grounds that applied to the state of California only; but in that ruling (along with Windsor) the seed was planted that led to the final victory just last month.
The author, Kenji Yoshino, does a very good job of explaining torturous legal minutiae and making it understandable for the layperson, and constructing an absorbing narrative. Especially interesting, to me, was his championing the process of the trial in and of itself, and how cross-examination can strip arguments to their bare essentials and create a record that exposes their faults and virtues for all to see. One paragraph I particularly liked:
Finally, trials separate fact from belief. At least in the United States today, the trial requires an innately secular form of argumentation. As such, it operates as a sieve that filters out religious motivations for a law. The Perry trial showed that opposition to same-sex marriage is largely rooted in conservative religious beliefs. Beliefs move people to engage passionately in a cause, and passion can often persuade. Yet as the trial showed, a passion is not a reason, much less a reason for a law. (p. 269)
This is good too:
Finally, a trial is, as one reporter said of Perry, a "great and theatrical classroom." Olson later reflected that Perry "was an enormous education to everybody who was in that courtroom, even those who had been laboring in the vineyard for gay rights." Though the proceedings were not broadcast, Perry has generated numerous books, articles, TV pieces, a documentary, and a play, all of which have extended the trial's reach. While the purpose of a trial is justice for the parties, not public education, trials have been known to provide that education as a collateral benefit. (p. 274)
The author ends the book with a ringing endorsement:
So let me pre-commit myself: Next time such a legal controversy arises that implicates thorny "legislative" facts, let it go to trial. Let us try whether women regret their abortions, whether guns deter crime, or whether climate change is occurring. And let the product of the trial be disseminated throughout all forums in which the debate is taking place. For me, the Perry trial explored not one, but two civil ceremonies--the ceremony of marriage and the ceremony of the trial. I have come to see that my conviction about the importance of the civil trial are just as consequential as my convictions about marriage. And so I say again--for the next great legal controversy that turns on key legislative fact: Let there be a trial.
Everyone knows how terribly flawed the American judicial system is, but reading this book will revive one's faith in it, even for a little while. This is an admirable accomplishment. It's also more meaningful now, in light of marriage equality's ultimate victory.
June 17, 2015
This book essentially recounts the entire story of the Hollingsworth v. Perry trial from the very beginning all the way to the Supreme Court. Sprinkled into that story are bits of the author's own experiences that parallel what is happening in the trial.
As someone who was in high school for the bulk of the events described in this book, I was somewhat aware of what was going on with the case, but I had very little knowledge of all of the ins and outs of it. I never really knew exactly what it was that went on over the course of the case. This book does an excellent job of telling the story of the trial and going through all of the arguments made by either side. The author writes about how important the case is because it forced both sides to lay out their arguments and see how they held up in debate and fact-checking.
One really great aspect of the book is that even though you know which side the author falls on the issue, both sides arguments are presented, so you see the full extent of what was argued in court. As someone who's not extremely knowledgeable about law, I was also able to follow along easily and was never confused as to what exactly was going on.
I highly recommend this book to anyone who wants to know more about Prop 8 and this case or gay rights in general. It does an excellent job of both fully telling the story of the case and also never being boring or dry. I actually felt like I was on the edge of my seat at times while reading even though I knew the final outcome of the case. The personal bits that the author added also add to the book beautifully. This was just all around a really incredible book.
It also seems pretty fitting that I read this in June while we're awaiting the outcome of another marriage equality case from the Supreme Court, a case that is also mentioned in the end of the book. That added a bit more to the experience of this book I think since I knew that that is so close to coming, and that tie in to something mentioned in the book that is really about to happen while I was reading added a certain dimension to my experience with the book I think.
I received this book for review from Goodreads First Reads.
http://hmweasley-blog.blogspot.com/20...
As someone who was in high school for the bulk of the events described in this book, I was somewhat aware of what was going on with the case, but I had very little knowledge of all of the ins and outs of it. I never really knew exactly what it was that went on over the course of the case. This book does an excellent job of telling the story of the trial and going through all of the arguments made by either side. The author writes about how important the case is because it forced both sides to lay out their arguments and see how they held up in debate and fact-checking.
One really great aspect of the book is that even though you know which side the author falls on the issue, both sides arguments are presented, so you see the full extent of what was argued in court. As someone who's not extremely knowledgeable about law, I was also able to follow along easily and was never confused as to what exactly was going on.
I highly recommend this book to anyone who wants to know more about Prop 8 and this case or gay rights in general. It does an excellent job of both fully telling the story of the case and also never being boring or dry. I actually felt like I was on the edge of my seat at times while reading even though I knew the final outcome of the case. The personal bits that the author added also add to the book beautifully. This was just all around a really incredible book.
It also seems pretty fitting that I read this in June while we're awaiting the outcome of another marriage equality case from the Supreme Court, a case that is also mentioned in the end of the book. That added a bit more to the experience of this book I think since I knew that that is so close to coming, and that tie in to something mentioned in the book that is really about to happen while I was reading added a certain dimension to my experience with the book I think.
I received this book for review from Goodreads First Reads.
http://hmweasley-blog.blogspot.com/20...
November 21, 2015
I have never considered myself an activist, nor have I engaged myself deeply in the conversation regarding gay marriage. It made sense that when I wanted to look into it, I looked for a source I could trust, Professor Yoshino. Yoshino does a great job of breaking down the trial into the key elements (heightened scrutiny, rational basis, legislative vs adjunctive facts), and his own research augments the factual nature of the book. I'm also impressed by how he wove his personal story into the mix. There are moments where you feel like the author has a personal stake, and that influences his positions. Yoshino does not hide this fact; he discusses even in Perry how personal stories and combined with more "scientific" arguments served to convince. His choice to wade into the trial, made the book moving rather than just good. I also found it interesting, his faith in the institution of trials. He argues that in a lot of ways trials can be more objective and fair minded than democratic debate. In a trial, experts and facts are cross examined, and pushed against, while in democratic debate (either in the legislature, ballot initiatives, or even friends of the court) falsehoods can linger a long time, simply since there was no opportunity for a focused rebuttal and discussion. I find his faith in trial powerful and convincing, and an interesting angle that enriches the question of counter-majoritarian virtue. It lends faith to the judicial system without resorting to degrading the intelligence of voters. I do not agree with everything he has to say, but I find the way he says it to be powerful and beautiful.
April 21, 2015
Kenji Yoshino is a legal scholar making him more than qualified to speak on the legalities of Hollingsworth v. Perry, I was a little concerned that he would be biased since he would have a personal stake in the outcome of the case, either way it went. Yet, the opponents of same-sex marriage are not horrible people while the proponents are not without flaw. Yoshino goes through and paints the picture of two groups of people on both sides of the debate who have come to defend/oppose California’s Prop 8 often for diverging reasons. However, above all else they are human.
This book really excels at the personal level because one can feel some emotion for the expert witnesses being cross examined, the lawyers reacting to every point and counter-point sensing that success and failure could come at moment’s notice and the lay witnesses for whom the outcome of case could change the direction of their lives. Everyone really comes across as honest in their convictions, whichever side of the fence they come down on.
A constitutional law person may eat this book up more than a lay person because of all the other cases relating to civil and/or gay rights that are touched on. If one is looking for a straight analysis of Hollingsworth v. Perry, they may find themselves disenchanted with all the biographical detail of the parties or past cases, but Yoshino writes all this in such a way that even the lay person can understand it.
A good examination of Hollingsworth v. Perry
This book really excels at the personal level because one can feel some emotion for the expert witnesses being cross examined, the lawyers reacting to every point and counter-point sensing that success and failure could come at moment’s notice and the lay witnesses for whom the outcome of case could change the direction of their lives. Everyone really comes across as honest in their convictions, whichever side of the fence they come down on.
A constitutional law person may eat this book up more than a lay person because of all the other cases relating to civil and/or gay rights that are touched on. If one is looking for a straight analysis of Hollingsworth v. Perry, they may find themselves disenchanted with all the biographical detail of the parties or past cases, but Yoshino writes all this in such a way that even the lay person can understand it.
A good examination of Hollingsworth v. Perry
May 15, 2015
Speak Now: Marriage Equality on Trial was a nice, readable presentation of not only this case, but because of the trial process, the broader issues related to marriage equality. Which is saying a lot for a book about a single trial, with the potential of getting bogged down in a lot of legal mumbo jumbo.
To Kenji Yoshino's credit, he chose not to write in his "constitutional law professor" voice, but to add personal POVs. In doing so, this was told in a fairly conversational style, which was a challenge when explaining the legalese and maneuverings, and added color and heart to the bones of the case.
In a way, it was like sitting in a law class - in both a good and not so good way. It offered a little more legal details than were necessary for a layperson. But it was also educational and (for me) interesting to read measured, understandable point-by-point explications of what the laws mean, require, how they're interpreted and what proof is needed to make your case. And from what I could tell, Yoshino had the required expertise and knowledge that this demanded, so I'd give it 4.5 stars.
[I'm excited to have won this as a Goodreads First Read – so thanks, Crown Publishing!]
To Kenji Yoshino's credit, he chose not to write in his "constitutional law professor" voice, but to add personal POVs. In doing so, this was told in a fairly conversational style, which was a challenge when explaining the legalese and maneuverings, and added color and heart to the bones of the case.
In a way, it was like sitting in a law class - in both a good and not so good way. It offered a little more legal details than were necessary for a layperson. But it was also educational and (for me) interesting to read measured, understandable point-by-point explications of what the laws mean, require, how they're interpreted and what proof is needed to make your case. And from what I could tell, Yoshino had the required expertise and knowledge that this demanded, so I'd give it 4.5 stars.
[I'm excited to have won this as a Goodreads First Read – so thanks, Crown Publishing!]
July 31, 2015
With the Supreme Court recently ruling same-sex marriage legal in all 50 states, this was the perfect time for me to read a book about the trial that started the ball rolling only a few years ago. Yoshino is a great author and brought the entirety of the trial - including some historical aspects - to those of us that followed the progression very closely, or those of us that were not paying close attention. My biggest problem with the book is not something that I think Yoshino could (or should) fix: I have absolutely no knowledge of legal jargon or processes, so much of this went straight over my head. Yoshino did an excellent job keeping the jargon to a minimum, but I still had trouble understanding the full importance of some sentences. Despite this, the text never got dull and I was captivated by the story. While there was an obvious bias, I don't think it affected the storytelling negatively. If anything, it kept the dull, boring bits out and brought the humanity to the trial.
I really hope Yoshimo does a follow-up book on the recent Supreme Court ruling. I would love to read it.
**I received a copy of this book in exchange for an honest review.**
I really hope Yoshimo does a follow-up book on the recent Supreme Court ruling. I would love to read it.
**I received a copy of this book in exchange for an honest review.**
March 17, 2016
At this date, Mar 2016, the court case is passe. Even so, authors of trial books have their work cut out for them. Trials are very much like a colonoscopy: the people with the most at stake are obscured and inchoate, the major actors are muffled behind the mask of their trade and the results are simultaneous too obscure and too personal for comfort. What saves a narrative of this type is feeling the author is a reliable guide to the minutia of lawyering and the greater issues in question.
Yoshino is too partisan. He is not interesting unless it is his ox getting gored.
The larger question is the tension between democracy and rights. In a society that makes winners and losers DESPITE individuals well-enunciated rights based on popularity, is an eternal risk of democracies, one that the Bill of Rights was supposed to protect. To have newly crafted rights elevated above the democratic will of the people should have generated some discussion. This issue was ignored
Rather, Yoshino has chosen to become the equivalent of a high school football announcer. You already know what team he wants to win.
Yoshino is too partisan. He is not interesting unless it is his ox getting gored.
The larger question is the tension between democracy and rights. In a society that makes winners and losers DESPITE individuals well-enunciated rights based on popularity, is an eternal risk of democracies, one that the Bill of Rights was supposed to protect. To have newly crafted rights elevated above the democratic will of the people should have generated some discussion. This issue was ignored
Rather, Yoshino has chosen to become the equivalent of a high school football announcer. You already know what team he wants to win.
May 13, 2016
"As gay people gave emerged from the closet, some religious opponents of gay rights have retreated back to the closet of the voting booth to express their views." pg. 58
"If there be time to expose though discussion the falsehoods and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence." Pg. 170
I would like to say that this is my favorite book about (gay) marriage equality, but I cannot as it really was the first on this subject matter I have ever read. I won this book about a year ago from the Goodreads giveaway, and I finally finished it. I look forward to reading up on this topic, as well as other works by Mr. Yoshino, as I really appreciated his writing style, as well as his use of language that was not overly full of (legalistic) jargon.
"If there be time to expose though discussion the falsehoods and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence." Pg. 170
I would like to say that this is my favorite book about (gay) marriage equality, but I cannot as it really was the first on this subject matter I have ever read. I won this book about a year ago from the Goodreads giveaway, and I finally finished it. I look forward to reading up on this topic, as well as other works by Mr. Yoshino, as I really appreciated his writing style, as well as his use of language that was not overly full of (legalistic) jargon.
February 26, 2015
Kenji Yoshino's "Speak Now: Marriage Equality on Trial" is an excellent reference regarding Hollingsworth v. Perry. Mr. Yoshino did an excellent job of summarizing all aspects of this case in depth. I would definitely recommend this book to anyone taking legal courses or anyone interested in the history of Marriage Equality laws in the United States. It explores all facets of the legal case and also includes the author's own personal narratives. Well written and easy to read, it is an excellent resource for law libraries as well.
This book was won from the Goodreads.com website.
This book was won from the Goodreads.com website.
May 21, 2015
I really enjoyed this, overall. While I felt that the first part of the book (before the trial) could have used a bit of restructuring/reorganization because there is just so much information, the rest of the book is absolutely splendid. It's incredibly informative and manages to be entertaining, which I really appreciated. The author's style is somehow both casual and formal, and I enjoyed his voice.
If you'd like to read my full review, you can check that out [ on my blog ].
If you'd like to read my full review, you can check that out [ on my blog ].
August 17, 2015
After the events of the SCOTUS this year, I thought Yoshino's book on California's Prop 8 case would feel like old news or at least dated, particularly with the many other books out on the topic and Roberta Kaplan's forthcoming book. I was wrong. Yoshino makes a compelling case about how Hollingsworth helped to build momentum for greater acceptance for marriage equality and by extension argues for the reinvigoration of robust trials. Speak Now is engaging, fast paced, and compelling. A delightful read. Yoshino is a great writer with literary flourishes.
August 23, 2015
Yoshino does a fantastic job diving into the details about the trial and adds his own personal story along with it. He also adds in historical background when needed and helps the readers understand what happened at the trial. This well researched novel is easily readable for anyone who doesn't fully understand legal terms (like me). If you have not read this story yet, I highly recommend it to you.
February 26, 2016
In his examination of the trial, Yoshino lauds the technique of the plaintiff’s legal team in intermixing personal testimony with expert witnesses, arguing that “the lay witnesses kept the testimony from feeling dry, while the experts kept the testimony free feeling idiosyncratic.” Perhaps utilizing a similar technique, Yoshino mixes in personal anecdotes, often starting or finishing a chapter with a personal touch. read more
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