Introduction: A President Decides

3 had been pressed for her views: Fred Kuhr, “Marsha Scott: On Marriage, the Military and the ’96 Campaign,” Bay Windows, March 28, 1996.

3 “We must not allow”: Sara Miles, “Between Little Rock and a Hard Place,” The Advocate, April 1996.

4 written interview with Reader’s Digest: “Bush vs. Clinton: The Candidates De­bate,” Reader’s Digest, October 1992.

4 first campaign for office in Arkansas: Associated Press, “Area Man May Seek JPH Post,” February 7, 1974.

5 including husband and wife: “ERA and Homosexual ‘Marriages,’” Phyllis Schlafly Report, vol. 8, no. 2, September 1974.

5 “Militant homosexuals from all over America”: Jane J. Mansbridge, Why We Lost the ERA (Chicago: University of Chicago Press, 1986), 137.

5 In a 1980 congressional subcommittee hearing: Chai R. Feldblum, “The Federal Gay Rights Bill: From Bella to ENDA,” in Creating Change: Sexuality, Public Policy, and Civil Rights (New York: St. Martin’s Press, 2002), 149.

5 “The idea that this law”: 118 Congressional Record 4372, daily edition March 21, 1972.

5 “Proponents of the ERA”: U.S. Congress, Senate, Judiciary Committee, “The Im­pact of the Equal Rights Amendment,” May 23, 1984.

6 “I’m not sure”: Jeffrey Schmalz, “Gay Politics Goes Mainstream,” New York Times Magazine, October 11, 1992.

6 “I think I would be opposed”: Frank J. Murray, “Bush Sending ‘Mixed Signals’ on Gays, Evangelical Leaders Say,” Washington Times, April 22, 1992.

6 “he has never said the words”: Rex Wockner, “Democrats Address Gay Issues,” Windy City News, January 1992.

6 “You have no public record”: David Mixner, Stranger Among Friends (New York: Bantam Books, 1996), 204.

7 country’s dominant gay political action committee: Bettina Boxall, “Gays Alter Dynamics of Politics,” Los Angeles Times, August 15, 1992.

7 Historians have located evidence: William N. Eskridge Jr., “A History of Same-Sex Marriage,” Yale Law School Faculty Scholarship Series, January 1993.

8 what were called “Boston marriages”: Lilian Faderman, Odd Girls and Twilight

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Lovers: A History of Lesbian Life in Twentieth-Century America (New York: Columbia University Press, 1991), 15.

8 “Sisters in love”: William Wordsworth, “To the Lady E.B. and the Hon. Miss P.,” The Poems of William Wordsworth (London: Methuen & Co., 1908), 464.

8 those who preferred assimilation: John D’Emilio, Sexual Politics, Sexual Communi­ties: The Making of a Homosexual Minority in the United States, 1940–1970, 2nd ed. (Chicago, University of Chicago Press, 1998), 108–28.

8 limits of the gay-rights fantasy: Nancy L. Cott, Public Vows: A History of Marriage and the Nation (Cambridge: Harvard University Press, 2000), 216.

8 “Imagine that the year”: “Homosexual Marriage?” ONE, August 1953.

8 Self-described “homophilic” magazine: Randy Lloyd, “Let’s Push Homophile Marriage,” ONE, June 1963.

8 Alvin Toffler’s book: Alvin Toffler, Future Shock (New York: Random House, 1970).

8 “Our children”: Ken Rosen, Future Shock, directed by Alex Grasshoff (New York: Metromedia Producers Corporation; Del Mar, CA: McGraw-Hill Films, 1972).

9 Massed outside the Internal Revenue Service: Linda Wheeler, “2,000 Gay Cou­ples Exchange Vows in Ceremony of Rights,” Washington Post, October 11, 1987.

9 “It’s going to be a political demonstration”: Peter Freiberg, “The March on Washington,” The Advocate, November 11, 1987.

9 “They had been married 10 years”: Gary C. Rammler, “Gays and Marriage: Homosexual, Wife Cling to a Marriage in Ruins,” Milwaukee Journal, March 4, 1984.

9 “This secret double life”: P. Gregory Springer, “Choosing to Marry,” The Advo­cate, April 30, 1981.

9 priorities farther down a hierarchy: Gary Mucciaroni, Same Sex, Different Politics: Success and Failure in the Struggles over Gay Rights (Chicago: University of Chicago Press, 2008).

10 the gay-rights movement was united: Michael J. Klarman, From the Closet to the Altar: Courts, Backlash, and the Struggle for Same-Sex Marriage (New York: Oxford University Press, 2013), 21.

10 “One would think that”: E. B. Saunders, “Reformer’s Choice: Marriage License or Just License?” ONE, August 1953.

10 “Why didn’t you guys fight”: Randy Shilts, And the Band Played On: Politics, People, and the AIDS Epidemic (New York: St. Martin’s Press, 1987), 557.

10 Media coverage and criticism: Frank Rich, “ ‘Theater: The Normal Heart,’ by Larry Kramer,” New York Times, April 22, 1985.

11 “Because they say we can’t”: Virginia Apuzzo, interview by Kelly Anderson, June 2–3, 2004, Voices of Feminism Oral History Project, Sophia Smith Collec­tion, Smith College, Northampton, Massachusetts.

11 A handful of House Republicans: Casandra Burrell, “Bill Would Prevent Same-Sex Marriages from Becoming Legal,” Associated Press, May 6, 1996.

12 “Get on record as favoring”: Dick Morris, Behind the Oval Office: Getting Reelected Against All Odds (New York: Random House, 1997), 230.

15 barely one-quarter of Americans: Pew Research Center, “Growing Public Sup­port for Same-Sex Marriage,” February 16, 2012, www.pewresearch.org.

15 “So great is the change”: E. E. Schattschneider, The Semisovereign People: A Realist’s View of Democracy in America (Fort Worth, TX: Holt, Rinehart and Winston, Inc., 1960), 2.

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15 Barack Obama’s announcement: Devin Dwyer, “Obama’s ‘Evolving’ Gay Mar­riage Stance,” ABC News, May 9, 2012.

16 “What you’re seeing is”: ABC News, “Transcript: Robin Roberts Interview with President Obama,” May 9, 2012.

16 That decision arrived: Alexander Burns, “Donald Trump, Pushing Someone Rich, Offers Himself,” New York Times, June 17, 2015.

16 “It’s irrelevant”: Aaron Blake, “Trump Says 17-Month-Old Gay Marriage Rul­ing Is ‘Settled’ Law—but 43-Year-Old Abortion Ruling Isn’t,” Washington Post, November 14, 2016.

1: Seeking License

22 When Elton John came out: Elizabeth J. Rosenthal, His Song: The Musical Journey of Elton John (New York: Billboard Books, 2001), 148–49.

24 “I’d see like 8,000 naked lesbians”: Michelangelo Signorile, “Bridal Wave,” Out, December 1994.

25 Within their first two weeks: Elaine Herscher, “When Marriage Is a Tough Pro­posal,” San Francisco Examiner, May 15, 1995.

26 In May 1989, following: Sheila Rule, “Rights for Gay Couples in Denmark,” New York Times, October 2, 1989.

26 The previous year, in 1989: Celestine Bohlen, “Koch Widens City’s Policy on ‘Family,’ ” New York Times, July 10, 1989.

27 By 1990 there were: Peter Nicolas and Mike Strong, The Geography of Love: Same-Sex Marriage & Relationship Recognition in America (The Story in Maps), 5th ed. (Scotts Valley, CA: CreateSpace Independent Publishing Platform, 2014), 17.

27 representing a predictable assortment: David L. Chambers, “Tales of Two Cit­ies: AIDS and the Legal Recognition of Domestic Partnerships in San Francisco and New York.” Law & Sexuality: A Review of Gay and Lesbian Legal Issues 2 (1992), 201.

27 She had just published: Ninia Baehr, Abortion Without Apology: A Radical History for the 1990s (Boston: South End Press, 1999).

28 They had been instructed: Pavel Stankov, “Eccentric Businesses at the Blaisdell Hotel,” Hawaii Business Magazine, July 4, 2013.

28 For nearly a decade: Michelangelo Signorile, “Bridal Wave,” Out, May 1995.

29 He met Pat: John Gallagher, “Marriage, Hawaiian Style,” The Advocate, Febru­ary 4, 1997.

29 Patrick had grown up: Walter Wright, “Same-Sex Marriage Ban May Be Tested,” Honolulu Advertiser, November 25, 1990.

29 “When you’re born”: Susan Essoyan, “Hawaiian Wedding Bells Ring Alarm Bills,” Los Angeles Times, September 9, 1996.

30 “My mother has”: Walter Wright, “Couples Challenge Ban on Same-Sex Mar­riage,” Honolulu Advertiser, December 18, 1990.

31 “What was that?”: Dan Nakaso, “Bill Woods, Advocate for Gays, Civil Rights,” Honolulu Advertiser, October 1, 2008.

2: Only One Man Marching

32 Woods first saw Hawaii: Dan Nakaso, “Bill Woods, Advocate for Gays, Civil Rights,” Honolulu Advertiser, October 1, 2008.

32 and the next year transferred: “Bill Woods Obituary,” Decatur (IL) Herald & Review, November 9, 2008.

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32 In 1973, he founded: “Bill Woods Obituary.”

32 Years later, he became: Nakaso, “Bill Woods, Advocate for Gays, Civil Rights.”

33 When conservative televangelist: Michelangelo Signorile, “Bridal Wave,” Out, December/January 1994.

33 Woods led a group: “Hawaii to Have Two Moral Majorities,” Associated Press, May 10, 1981.

33 Their “Moral Majority of Hawaii”: June Watanabe and Nadine Scott, “Scuffles Break Out at Falwell’s Rally,” Honolulu Star-Bulletin, May 28, 1981.

33 as newspaper ads announced: Signorile, “Bridal Wave.”

33 When Falwell held: June Watanabe & Nadine Scott, “Scuffles Break Out at Fal­well’s Rally,” Honolulu Star-Bulletin, May 28, 1981.

33 “The Moral Majority of Hawaii is using”: “Hawaii to Have Two Moral Majori­ties.”

33 Before leaving Hawaii: Signorile, “Bridal Wave.”

33 Woods hosted a weekly: “Support Group Meetings,” Gay Community News, March 22, 1994.

33 In 1989, declaring his ambition: Alan Matsuoka, “Radio Talk Show Host Wants to Clear the Air,” Honolulu Star-Bulletin, July 10, 1989.

34 it was Woods he singled out: “Waihee Praises Gay-Rights Activist,” Big Island Newspaper, June 12, 1989.

34 By 1989, fifteen years had passed: “Gay Pride Week Hawaii,” Gay Community News, June 1980.

34 Families went together: Owen Keehnen, “Documentary on Honolulu Trans Club ‘The Glade’ in Production,” Windy City Times, April 6, 2013.

34 In 1972, Hawaii had become: “Hawaii Sex Law Passes Legislature,” The Advocate, April 26, 1972.

34 “There’s not much of a problem with gays”: “Says Hawaii Not So Cool,” The Advocate, February 28, 1973.

34 “Policemen who smile”: Sasha Gregory, “Being Liberated Takes Getting Used To,” The Advocate, December 20, 1972.

35 In 1977, Miami-area voters overturned: Dudley Clendinen and Adam Nagour­ney, Out for Good: The Struggle to Build a Gay Rights Movement in America (New York: Simon & Schuster, 1999), 291–311.

35 “From New York to San Francisco”: Editorial Board, “Gay Rights in Hawaii,” Honolulu Advertiser, June 10, 1977.

35 “There is an AIDS awareness here”: Bruce Ward, “The Aloha Spirit,” New York Native, January 28, 1985.

36 By 1989, Hawaii was spending: “States Use Own Funds on AIDS,” USA Today, August 31, 1989.

36 launched “a gay rag”: “Two Years in Print!” Island Lifestyle Magazine, March 1, 1991.

37 Sharyle Lyndon, a onetime drag-show producer: Becky Ashizawa, “Gays and Lesbians to Parade in Waikiki June 23,” Honolulu Star-Bulletin, June 13, 1990.

38 He had been on the National Mall: Linda Wheeler, “2,000 Gay Couples Ex­change Vows in Ceremony of Rights,” Washington Post, October 11, 1987.

38 The large-scale symbolic vows: J. Carey Junkin and Walter Wheeler, “It Is Time for the Wedding,” Bay Area Reporter, September 10, 1987.

38 Some movement leaders: Candy J. Cooper, “Lesbians, Gays ‘Wed’ En Masse,” San Francisco Examiner, October 11, 1987.

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38 The two hundred thousand: Lena Williams, “200,000 March in Capital to Seek Gay Rights and Money for AIDS,” New York Times, October 12, 1987.

39 Hollywood movie theater for services: Edward B. Fiske, “Homosexuals in Los Angeles, Like Many Elsewhere, Want Religion and Establish Their Own Church,” New York Times, February 15, 1970.

39 The Metropolitan Community Church was a mainline Protestant congregation: Mark Anderson, “Local Gays: The Boys in the Bars,” Hawaii Observer, August 28, 1977.

39 as his mother called it: “Our History,” Founders Metropolitan Community Church, www.mccla.org.

39 As Perry had done: “Two L.A. Girls Attempt First Legal Gay Marriage,” The Advocate, July 8–21, 1970.

39 “to be sure they’re not joining a potential Zsa Zsa”: “They’ve Only Just Begun,” The Advocate, July 5, 1988.

39 “We expose the institution”: William Eskridge, The Case for Same-Sex Marriage: From Sexual Liberty to Civilized Commitment (New York: Free Press, 1996), 53.

39 collapsing after a debate: Out for Good, 57.

39 “The family is the microcosm of oppression”: Eskridge, The Case for Same-Sex Marriage, 54.

40 Woods, by contrast: Alan Matsuoka, “Radio Talk Show Host Wants to Clear the Air,” Honolulu Star-Bulletin, July 10, 1989.

40 On his weekly radio show: Alan Matsuoka, “Host Pulls Gay Talk Show from Air,” Honolulu Star-Bulletin, October 30, 1989.

40 “There’s only so many ways”: Matsuoka, “Radio Talk Show Host Wants to Clear the Air.”

40 by 1990, Honolulu’s mayor: “Executive Order Protects Gay Workers in Hawaii,” San Francisco Sentinel, April 3, 1981.

40 “In other states”: Linda Hosek, “Attorney General Rules Out Same-Sex Mar­riage,” Honolulu Star-Bulletin, December 29, 1990.

41 Perry, the church’s founder: William E. Woods, “Marriage’s Grass Roots: The Activist Who Led the Equal Marriage Movement in Hawaii Recalls the Long Road to Massachusetts,” The Advocate, May 11, 2004.

41 In the meantime: Becky Ashizawa, “Gays and Lesbians to Parade in Waikiki June 23,” Honolulu Star-Bulletin, June 13, 1990.

41 It featured, as Woods’s friend: Sharyle Lyndon, “Letter to the Editor,” Gay Com­munity News, August 1990.

41 A straight Honolulu city councilman: Jon Yoshishige, “Gathering in Park Fol­lows the Gay Parade in Waikiki,” Honolulu Advertiser, June 24, 1990.

42 Then he took the criticism public: “Hawaii Horror Story! Hawaii’s ACLU Takes Public Opinion Poll,” Gay Community News, July 1990.

42 The fracas was noticed: Robert W. Peterson, “Gay Marriage Query Becomes a Sticky Issue for Hawaii ACLU Chapter,” The Advocate, September 25, 1990.

42 Varady claimed that Woods’s description: Nan D. Hunter, William B. Rubenstein and Carl M. Varady, “ACLU Hawaii, Letter to the Editor,” The Advocate, Octo­ber 21, 1990.

43 Throughout the year, Woods insisted: Walter Wright, “Same-Sex Marriage Ban May Be Tested,” Honolulu Advertiser, November 25, 1990.

43 Same-Sex Marriage Ban: Wright, “Same-Sex Marriage Ban.”

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3: A Distinct Civil-Liberties Question

45 The office to which Bill Woods: “ACLU Backs Homosexual Marriage,” Associ­ated Press, October 28, 1986.

45 The ACLU largely avoided: Samuel Walker, In Defense of American Liberties: A History of the ACLU (Carbondale, IL: Southern Illinois University Press, 1999), 312.

45 defending Lillian Hellman’s lesbian-themed: Sarah Stiles, Intermeddlers; The Cen­sorship of Lillian Hellman, ed. Frank Hentschker (New York: Martin E. Segal The­atre Center Publications, 2016).

45 After the Supreme Court affirmed: Walker, In Defense of American Liberties: A His­tory of the ACLU, 312.

46 Now in his first year: Michael McConnell and Jack Baker, The Wedding Heard ’Round the World: America’s First Gay Marriage (Minneapolis: University of Min­nesota Press, 2018), 63.

46 Three years earlier: McConnell and Baker, The Wedding Heard ’Round the World, 21.

46 It would all be: McConnell and Baker, The Wedding Heard ’Round the World, 65–74.

46 Clerk of court Gerald Nelson: Dick Heweston, History of the Gay Movement in Minnesota and the Role of the Minnesota Civil Liberties Union (Minneapolis: Friends of the Bill of Rights Foundation, 2013), 44.

46 With the well-documented visit: “Judge Hears Homosexual’s Job Suit Against ‘U,’ ” Minneapolis Tribune, August 6, 1970.

47 Castner agreed to represent McConnell: “Homosexual Gets Defender,” St. Paul Dispatch, July 8, 1970.

47 “doesn’t involve a civil liberties issue”: Ken Bronson, A Quest for Full Equality (Boston, Beacon Press, 2011).

47 “An homosexual”: McConnell v. Anderson, 316 F. Supp. 809.

47 “This is not a case involving mere”: McConnell v. Anderson, 316 F. Supp. 809.

48 Over a five-year period: Tim Campbell, “Long Before DOMA,” Lavender, November 8, 1996.

48 “about ninety percent of the benefits of marriage”: McConnell and Baker, The Wedding Heard ’Round the World, 115.

48 They moved in briefly: McConnell and Baker, The Wedding Heard ’Round the World, 115–21.

48 “There is no irrational”: Baker v. Nelson, 291 Minn. 310.

48 It had been slow to join: “Minnesota ACLU Chapter Hires Gay as Its Lawyer,” The Advocate, May 26, 1971.

49 Matthew Stark later recalled: Marcia Coyle, “Here Comes the Brawl; Special Report: The Legal Fight Over Same-Sex Marriage. The First Case, 40 Years On,” National Law Journal 32, no. 50, August 23, 2010.

49 Five years earlier, the U.S. Supreme Court: Loving v. Virginia, 388 U.S. 1 (1967).

49 In a single published sentence: Robert Barnes, “Supreme Court: Was Gay Mar­riage Settled in 1972 Case?” Washington Post, August 17, 2014.

49 a portrait with McConnell in Life: Michael Durham, “Homosexuals in Revolt,” Life, December 31, 1971.

49 a profile of the two in Look: Jack Star, “The Homosexual Couple,” Look, Janu­ary 26, 1971.

49 “Some homosexuals”: Erik Eckholm, “The Same-Sex Couple Who Got a Mar­riage License in 1971,” New York Times, May 16, 2015.

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50 In 1977, as the California: John Balzar, “A Vote to Ban Gay Marriages,” San Fran­cisco Chronicle, June 18, 1977.

50 an ACLU lobbyist: “Gay Marriage Ban Gets Approval,” NewsWest, April 28, 1977.

50 The legislation had been drafted: In re Marriage Cases, 43 Cal.4th 757.

50 Anthony Sullivan and Richard F. Adams: Robert Barnes, “40 Years Later, Story of a Same-Sex Marriage in Colo. Remains Remarkable,” Washington Post, April 18, 2015.

50 “Who is it going to hurt?”: Grace Lichtenstein, “Homosexual Weddings Stir Controversy in Colorado,” New York Times, April 27, 1975.

50 “I don’t profess”: Lichtenstein, “Homosexual Weddings Stir Controversy.”

50 “a mini-Nevada”: Lichtenstein, “Homosexual Weddings Stir Controversy.”

50 the state attorney general stopped: “Attorney General Rules on Homosexual Marriage,” United Press International, April 28, 1975.

50 In the case of Adams: Troy Masters, “United States Government Says L.A. Gay Couple’s 1975 Marriage Is Valid,” The Pride, June 7, 2016.

50 the two had met: Eric Malnic, “Men Without a Country,” Los Angeles Times, May 11, 1984.

50 An Immigration and Naturalization Service: “Gay Marriages Ruled Invalid,” Associated Press, December 18, 1979.

50 The INS would later: Fred Okrund, “Gays Sue to Obtain Recognition of Legal Colorado Same-Sex Marriage,” Open Forum, April 1979.

51 An ACLU volunteer attorney: Okrund, “Gays Sue to Obtain Recognition.”

51 They would exhaust: Barnes, “40 Years Later.”

51 “The issue of legal marriage”: Okrund, “Gays Sue to Obtain Recognition.”

51 Such laws, which existed: William Eskridge, Dishonorable Passions: Sodomy Laws in America, 1861–2003 (New York: Viking Press, 2008), 126–27.

4: Rolling the Dice

55 earlier era of movement activism: Michael Boucai, “Glorious Precedents: When Gay Marriage Was Radical,” Yale Journal of Law and Humanities 27 (2015), 1–82.

55 “gay-marriage boom”: Bob Cole, “Gay Marriage ‘Boom’: Suddenly It’s News,” The Advocate, August 5, 1970.

55 a lesbian couple in Kentucky: John Finley, “2 Louisville Women File for Mar­riage License,” Louisville Courier-Journal, July 7, 1970.

55 Both circuit and appellate: “Court Says Female Couple Can’t Wed,” Associated Press, November 10, 1973.

55 Not long after: Sasha Yasinin, “Gay Marriage Test Due in Washington State Courts,” The Advocate, January 18, 1974.

55 Encouraged by a sympathetic state: Singer v. Hara, 11 Wn. App. 247, 522 P.2d 1187 (1974).

55 with the state appeals court: Singer v. Hara.

56 Unable to afford: “Marriage Bid Loses Again in Kentucky,” The Advocate, Decem­ber 5, 1973.

56 Circumstances did not change much: David L. Chambers and Nancy D. Polikoff, “Family Law and Gay and Lesbian Family Issues in the Twentieth Century,” Family Law Quarterly 33, no. 3 (Fall 1999), 524–26.

56 This debate missed: Margalit Fox, “Adrienne Asch, Bioethicist and Pioneer in Disability Studies, Dies at 67,” New York Times, November 23, 2013.

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57 The New York Times devoted: “Rights Group Backs Homosexual Marriages,” New York Times, October 28, 1986.

57 When attorney Bill Rubenstein: Philip S. Gutis, “New York Court Defines Fam­ily to Include Homosexual Couples,” New York Times, July 7, 1989.

57 a sympathetic New York state appeals court: Charles-Edward Anderson, “New Nuclear Family: N.Y. Court Says Gays Are Family Under Rent-Control Laws,” American Bar Association Journal 75, October 1989.

57 had shared an apartment: Carlos A. Ball, From the Closet to the Courtroom: Five LGBT Rights Lawsuits That Have Changed Our Nation (Boston: Beacon Press, 2010), 000–000.

57 a “realistic, and certainly equally valid”: Braschi v. Stahl Assocs. Co., 543 N.E.2d 49 (N.Y. 1989).

57 Despite the momentousness: William B. Rubenstein, “We Are Family: A Reflec­tion on the Search for Legal Recognition of Lesbian and Gay Relationships,” Journal of Law and Politics 8 (1991–1992): 89.

57 would have little broader impact: Carlos A. Ball, From the Closet to the Courtroom: Five LGBT Rights Lawsuits That Have Changed Our Nation (Boston: Beacon Press, 2010), 53–65.

58 At first the clerk obliged: Elizabeth Kastor, “The Marriage Proposal,” Washington Post, January 28. 1991.

59 and Mayor Marion Barry was celebrated: Sasha Issenberg, “Barry, Marion: The Mayor for Life Is One of the Few Politicians to ‘Devolve’ on Gay Rights,” Wash­ington City Paper, June 6, 2014.

59 “Better to establish”: Elizabeth Kastor, “The Marriage Proposal,” Washington Post, January 28, 1991.

59 Dean accused: Kastor, “The Marriage Proposal.”

5. Gay Mafia

60 When he arrived: Walter Wright, “Couples Challenge Ban on Same-Sex Mar­riage,” Honolulu Advertiser, December 12, 1990.

60 to drag the organization: Linda Hosek, “ACLU Probes Taboo on Gay Mar­riages,” Honolulu Star-Bulletin, December 19, 1990.

60 once known as the Sodomy Roundtable: Kevin M. Cathcart, “The Sodomy Roundtable” in Love Unites Us: Winning the Freedom to Marry in America, eds. Kevin M. Cathcart and Leslie Gabriel-Bretty. (New York: New Press, 2016), 51–55.

61 For Lewin, the issue prompted: Hosek, “ACLU Probes Taboo on Gay Marriages.”

62 Furthermore, Chong publicly undercut: David Waite, “State Won’t Allow Same-Sex Couples to Legally Marry,” Honolulu Advertiser, December 29, 1990.

6: Making the Case

63 “I had never thought of marriage”: Janice Otaguro, “Dan Foley: Islander of the Year,” Honolulu Magazine, January 1995.

64 “to help them avoid”: Helen Altonn, “Foley Bids Adieu to ACLU,” Honolulu Star-Bulletin, November 4, 1987.

64 “I think many of my best”: Altonn, “Foley Bids Adieu to ACLU.”

65 In the most prominent: Deb Price, “Lawyer in Hawaiian Same-Sex Marriage Case Has a Long History of Doing the Right Thing,” Detroit News, July 12, 1996.

65 “There’s no dominant group”: Linda Hosek, “Isles May Be First for Gay Mar­riages,” Honolulu Star-Bulletin, April 1991.

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65 Foley was impressed by: Andrew Gebert and Monte Joffee, “Value Creation as the Aim of Education: Tsunesaburo Makiguchi and Soka Education,” in Ethi­cal Visions of Education: Philosophies in Practice, ed. David T. Hansen (New York: Teachers College Press, 2007), 65–82.

65 Soka Gakkai lay leaders: “Daisaku Ikeda: A Biographical Sketch,” Daisaku Ikeda, www.daisakuikeda.org.

66 “We’re not happy with”: Linda Hosek, “3 Isle Gay Pairs’ Suit to Wed Will Test Law,” Honolulu Star-Bulletin, May 2, 1991.

66 “Marriage is one of the ‘basic civil rights of man’ ”: Loving v. Virginia, 388 US 1 (1967).

66 particularly hostile to sexual minorities: Abby R. Rubenfeld,”Lessons Learned: A Reflection upon Bowers v. Hardwick,” Nova Law Review 11, no. 1, (1986).

66 “There is no such thing”: Bowers v. Hardwick, 478 US 186 (1986).

67 one of only five: Patricia A. Cain, “The Right to Privacy Under the Montana Constitution: Sex and Intimacy,” Montana Law Review 64, no. 1 (Winter 2003): 99–132.

67 each of the more than four hundred benefits: State of Hawaii, “Report of the Commission on Sexual Orientation and the Law,” December 8, 1995, 105–25.

67 “the pain of tortured silence”: Walter Williams, “Lawyer Secures Gay Marriage Rights,” World Tribune, February 28, 1994.

7: Baehr v. Lewin

71 “This will be a turning point”: Linda Hosek, “Court Hears Plea for Gay Mar­riage,” Honolulu Star-Bulletin, September 4, 1991.

71 The case had been decided: Tamar Lewin, “Homosexual Ban in Army Rejected by Appeals Court,” New York Times, February 11, 1988.

71 Norris argued that: Arthur S. Leonard, “Watkins v. United States Army and the Employment Rights of Lesbians and Gay Men,” Labor Law Journal 40 (1989): 438–45.

71 When, in 1990: Watkins v. United States Army, 847 F.2d 1329 (9th Cir. 1988), aff’d en banc, 875 F.2d 699 (9th Cir. 1989), cert. denied, 498 US 957 (1990).

71 the Supreme Court let: David J. Garrow, Liberty & Sexuality: The Right to Privacy and the Making of Roe v. Wade (Berkeley, CA: University of California Press, 1998).

72 In March 1991: “Hawaii Makes Three . . . ,” Lesbian & Gay Law Notes, April 1991.

72 Just past 10:30 a.m.: Hawaii First Circuit Court, Civil Motions Calendar (Baehr v. Lewin), September 3, 1991.

75 Its inclusion did not suggest: Cal Thomas, “Does Homosexuality Have a Physi­cal Basis?” Honolulu Star-Bulletin, September 6, 1991.

75 After Foley was quoted: Linda Hosek, “3 Unwed Gay Couples to Sue State,” Honolulu Advertiser, February 22, 1991.

76 “People are very reluctant”: Walter Wright, “Same-Sex Marriage Ban May Be Tested,” Honolulu Advertiser, November 25, 1990.

76 agitating for a boycott: “Gay Rights Activist Calls for Boycott of AUW, Boy Scouts,” Honolulu Advertiser, July 20, 1992.

76 Unlike Foley and McEwan: “Groups Criticize Gay Lifestyle,” Honolulu Advertiser, June 26, 1991.

76 Just after Christmas: Kevin Dayton, “AIDS Group Treasurer Quits, Admits Fed­eral Funds Misuse,” Honolulu Advertiser, December 29, 1991.

76 It was a story broken: Dayton, “AIDS Group Treasurer Quits.”

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8: A Chickenskin Moment

79 He and Foley had faced off: Lee Catterall, “Court Tells Why Sandy Beach Ini­tiative Denied,” Honolulu Star-Bulletin, June 22, 1989.

79 the nineteenth-century building: “Guide to Government in Hawaii (Fourteenth Edition),” revised by Claire Marumoto, Hawaii Legislative Reference Bureau, September 2013.

79 Foley’s wife: Ken Kobayashi, “Gay Marriage Case Gets Hearing,” Honolulu Ad­vertiser, October 14, 1992.

83 “I believe the ’90s”: Susan Miller, “To Thee I Wed,” Island Lifestyle, April 1993.

9: Shoals of Time

85 king’s constitutional reforms: Lawrence H. Fuchs, Hawaii Pono: A Social History, New York: Harcourt, Brace & World, 1961. 25–26.

85 and at that point: Benjamin Seto, “Despite GOP Ties, Moon a Shoo-In as Chief Justice,” Honolulu Star-Bulletin, February 19, 1993.

85 Then, on September 22: “James Wakatsuki Dies,” USA Today, September 23, 1992.

85 with a combined three years: Ken Kobayashi, “ ‘New Generation’ Court Makes Waves Nationwide,” Honolulu Advertiser, May 7, 1993.

87 from an old family of the Hawaii: Dan Boylan and T. Michael Holmes, John A. Burns: The Man and His Times (Honolulu: Latitude 20 Books, University of Hawaii Press, 2000).

87 the acting chief justice: Ken Kobayashi, “1993 Ruling Paved Way for Shifting Views on Marriage Equality, Former Justice Says,” Honolulu Star-Advertiser, April 30, 2013.

88 The science of sexual attraction: David Nimmons, “Sex and the Brain,” Discover, March 1994.

88 National Cancer Institute researcher: Jim Dawson, “Scientists Look for Genetic Basis of Homosexuality,” Minneapolis Star-Tribune, February 15, 1993.

88 A little over a year: David Gelman et al., “Born or Bred,” Newsweek, February 24, 1992.

88 “The issue of whether”: Cox News Service, “Being Gay: Nature or Nurture? Scientists Hunt for an Answer,” Honolulu Star-Bulletin, March 9, 1993.

89 Shoal of Time: Gavan Daws, Shoal of Time: A History of the Hawaiian Islands (New York: Macmillan Publishing Company, 1968).

10: Wardle’s Run

93 something he had read: Linda D. Elrod, “Summary of the Year in Family Law.” Family Law Quarterly 27, no. 4 (1994): 485–514.

93 Until the 1970s: Lynn Wardle, “Rethinking Marital Age Restrictions,” Journal of Family Law, 22, no. 1 (1983).

94 Wardle’s research interests: Lynn D. Wardle, “The Gap Between Law and Moral Order: An Examination of the Legitimacy of the Supreme Court Abortion Decisions,” Brigham Young University Law Review 811 (1980).

94 a gap large enough: Lynn D. Wardle, “Sanctioned Assisted Suicide: Separate but Equal Treatment for the New Illegitimates,” Issues in Law and Medicine 3, no. 3 (1987): 245; Lynn D. Wardle, “Cable Comes of Age: A Constitutional Analysis

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of the Regulation of Indecent Cable Television Programming,” Denver University Law Review 63 (1986): 621.

94 As abortion laws became: Lynn D. Wardle, “Human Life Federalism Amendment—I. Legal Aspects,” Catholic Lawyer 28 (1983): 121.

94 In its 1989 case: Webster v. Reproductive Health Services, 492 US 490.

95 When the Supreme Court had heard: Lynn Wardle, “Rethinking Roe v. Wade,” Brigham Young University Law Review 231 (1985): 257.

95 “Thus, in Roe v. Wade”: Wardle, “Rethinking Roe v. Wade.”

95 Even as he welcomed: Lynn D. Wardle, “The Gap Between Law and Moral Order: An Examination of the Legitimacy of the Supreme Court Abortion Decisions,” Brigham Young University Law Review 811 (1980).

95 During the 1970s: Christopher R. Leslie, “An Introduction to Festschrift in Honor of Jeffrey Sherman,” Chicago-Kent Law Review 84, no. 2 (2013): 359–62.

95 The most prominent: Kenneth Karst, “The Freedom of Intimate Association,” Yale Law Journal 89, no. 4 (1980): 624–92.

95 To the extent that: Lynn Wardle, “A Critical Analysis of Constitutional Claims for Same-Sex Marriage,” Brigham Young University Law Review 1 (1996).

96 Wardle collected: Wardle, “A Critical Analysis of Constitutional Claims.”

96 The one anti-same-sex-marriage: Herbert W. Titus, “Defining Marriage and the Family,” William & Mary Bill of Rights Journal 3, no. 1 (1994).

97 Wardle decided that: Wardle, “A Critical Analysis of Constitutional Claims.”

97 responsibility to the institution: Kaimipono David Wenger, “The Divine Institu­tion of Marriage: An Overview of LDS Involvement in the Proposition 8 Cam­paign,” Journal of Civil Rights and Economic Development 26, no. 3 (Spring 2012): 718–19.

98 Ultimately there was only: Wardle, “A Critical Analysis of Constitutional Claims.”

11: Dominos at the Barn Door

99 “This is Lynn Wardle”: Dan Harrie, “Bill Drafted to Bolster Ban on Homosexual Marriages,” Salt Lake Tribune, February 9, 1995.

99 Wardle understood there was: Harrie, “Bill Drafted to Bolster Ban.”

100 had been founded: R. Jonathan Moore, Suing for America’s Soul: John Whitehead, The Rutherford Institute, and Conservative Christians in the Courts (Grand Rapids, MI: William B. Eerdmans Publishing Company, 2007), 35.

100 It took its first interest: Kevin Dayton, “Bill on Gays’ Job Rights Draws Fire,” Honolulu Advertiser, March 18, 1991.

100 third state to enact: Arthur S. Leonard, “Hawaii Makes Three . . . Connecticut Makes Four!” Lesbian/Gay Law Notes, May 1991.

100 the president of the Honolulu-based: Mary A. Wilkowski, Esq., “Rutherford Institute Challenges Fledgling Law—and Loses,” Island Lifestyle, August 1, 1992.

101 Others joined the lawsuit: Joyce Price, “Gay-Rights Law Besieged; Religious Organizations File Suit in Hawaii,” Washington Times, December 18, 1991.

101 When a local PBS talk show: “A ‘Dialog’ on Gay Rights,” Honolulu Advertiser, May 31, 1991.

101 It was evident: Susan Miller, “Supreme Court to Rule on Same-Sex Marriage Rights,” Island Lifestyle, October 1, 1992.

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101 No government lawyer: “Religious Coalition Sues State,” Honolulu Star-Bulletin, December 17, 1991.

102 In fact, Wardle’s method: “Homophobia: Calling It as It Is,” Pillar of the Gay and Lesbian Community: Utah’s True Alternative Newspaper, May 2000.

102 he could just be dismissed: Michael Quinn, “Prelude to the National ‘Defense of Marriage’ Campaign: Civil Discrimination Against Feared or Despised Minori­ties,” Dialogue: A Journal of Mormon Thought 33, no. 3 (September 2001): 1–52.

102 “Heterosexist, yes”: Quinn, “Prelude to the National ‘Defense of Marriage’ Campaign.”

102 In February 1995: Dan Harrie, “Gays, Lesbians Set to Fight Marriage Bill,” Salt Lake Tribune, February 21, 1995.

102 “There are times”: “Church Opposes Same-Sex Marriages,” Church News, March 4, 1995.

103 The lawyer whom the attorney general’s office: David Orgon Coolidge, “Same-Sex Marriage: As Hawaii Goes . . . ,” First Things (April 1997): 33.

103 That inevitable courtroom: Steven Michaels, “State Enforces Whatever Law Is on Books,” Honolulu Advertiser, November 26, 1995.

103 The legislature had embraced: Peter Rosegg, “Same-Sex Amendment Gaining,” Honolulu Advertiser, February 9, 1994.

12: A Message from the Presidency

104 Toward the end of morning: Jennifer Skordas, “LDS Church Decries Attempts to Legalize Same-Sex Marriages,” Salt Lake Tribune, February 14, 1994.

104 local leaders informed: “LDS First Presidency Opposes Legalization of Gay Marriages,” Deseret News, February 14, 1994.

104 At times, the church used Utah: David E. Campbell, John C. Green, and J. Quin Monson, Seeking the Promised Land: Mormons and American Politics (Cambridge, UK: Cambridge University Press, 2014), 146.

104 which the First Presidency rejected: Kristen Moulton, “Anti-MX Missile Stand Surprised Some Mormons, Too,” Salt Lake Tribune, May 2, 2011.

104 On other occasions: Gerry Avant, “Speaking Out on Moral Issues,” Church News, June 6, 1992.

104 and to legalize pari-mutuel: “Father Figure: LDS Church Instructs Members How to Vote,” Utah Chronicle, June 2, 1992.

105 On many of these occasions: Mike Carter, “Utah’s Mix of Church and State: Theocratic or Just Homogenized?” Associated Press, January 18, 1993.

105 LDS spokesman Don LeFevre: “LDS First Presidency Opposes Legalization of Gay Marriages,” Deseret News, February 14, 1994.

105 “The announcement left many”: Jennifer Skordas, “LDS Church Decries Attempts to Legalize Same-Sex Marriages,” Salt Lake Tribune, February 14, 1994.

105 But the Deseret News: LeFevre, “LDS First Presidency Opposes Legalization of Gay Marriages.”

105 When Mormons did throw: Campbell, Green, and Monson, Seeking the Promised Land.

105 These qualities, along with: David E. Campbell and J. Quin Monson, “Dry Kin­dling,” in From Pews to Polling Places: Faith and Politics in the American Religious Mo­saic, ed. J. Matthew Wilson (Washington, DC: Georgetown University Press, 2007), 105–30.

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106 In 1975, as Utah’s legislature: Elizabeth Ellen Gordon and William Gillespie, “The Culture of Obedience and the Politics of Stealth: Mormon Mobilization Against ERA and Same-Sex Marriage,” Politics and Religion 5 (2012): 343–66.

106 the LDS Church declared: D. Michael Quinn, The Mormon Hierarchy: Origins of Power (Salt Lake City, UT: Signature Books, 1994).

106 “stifle many God-given feminine instincts”: Martha Sonntag Bradley-Evans, Pedestals and Podiums: Utah Women, Religious Authority, and Equal Rights (Salt Lake City: Signature Books, 2005), 79.

106 The impact of the newly: Bradley-Evans, Pedestals and Podiums, 97.

106 Defeating the ERA in Utah: Bradley-Evans, Pedestals and Podiums, 281–329.

106 By 1980, with the deadline: “The Church and the Proposed Equal Rights Amend­ment: A Moral Issue,” Ensign, March 1980.

106 Phyllis Schlafly, who led: Richard A. Vigurie, The New Right: We’re Ready to Lead (Arlington Heights, IL: Viguerie Company, 1981), 131.

106 even, in North Carolina: Quinn, The Mormon Hierarchy, 387–88.

106 The American right: Vigurie, The New Right, 129.

13: Apostles

108 “With so much of sophistry”: Gordon Hinckley, “Lesson 159: The Family: A Proclamation to the World,” LDS, September 23, 1995.

108 There was, in the purest: Hinckley, “Lesson 159: The Family.”

108 It was a recapitulation: David L. Paulsen and Martin Pulido, “A Mother There: A Survey of Historical Teachings about Mother in Heaven,” Brigham Young Uni­versity Studies 50, no. 1 (2011).

108 Hinckley was one of Mormonism’s: Angelyn N. Hutchinson, “LDS Appoint Third Counselor for Presidency, New Apostle,” Salt Lake Tribune, June 20, 1981.

109 laying out a Mormon-friendly vision: Gregory A. Prince, Gay Rights and the Mor­mon Church: Intended Actions, Unintended Consequences (Salt Lake City: University of Utah Press, 2019), 52–53.

109 “The family is ordained”: Hinckley, “Lesson 159: The Family.”

109 At times, he thought it was possible: Gordon Hinckley, “The Family: A Procla­mation to the World,” LDS, September 9, 1995.

109 The president of the LDS Church: Peggy Fletcher Stack, “LDS Transition Prompts Look Forward, Back,” Salt Lake Tribune, June 4, 1994.

109 The colonnaded Church: “Church Administration Building,” Ensign, June 1971.

109 In the 1970s: “The New General Church Office Building,” Ensign, January 1973.

109 It remained, as ever: Douglas D. Palmer, “LDS Mantle of Leadership Shifts to Twelve,” Deseret News, November 7, 1985.

109 Salt Lake City was settled: Randall Balmer and Jana Riess, eds., Mormonism and American Politics (Religion, Culture, and Public Life) (New York: Columbia Univer­sity Press, 2015).

109 By the time Utah prepared: J. B. Haws, Mormon Image in the American Mind: Fifty Years of Public Perception (Oxford, UK: Oxford University Press, 2013), 169.

110 In 1879, the Supreme Court ruled: Reynolds v. United States, 98 US 145.

110 In 1890, the LDS Church: Dialogue: A Journal of Mormon Thought 1, no. 2 (1966): 36.

110 “Sexual relations are proper”: Dallin H. Oaks, “Same-Gender Attraction,” Lia­hona Magazine of the LDS Church, March 1996.

110 About a year after: John Dart, “Ezra Taft Benson, Leader of Mormons, Dies at 94,” Los Angeles Times, May 31, 1994.

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110 church president Ezra Taft Benson: Peter Scarlet, “Benson’s Death Triggers Shift in Church Quorums,” Salt Lake Tribune, June 4, 1996.

110 The flyers did not make: “Same-Sex Marriage: Are LDS Gearing Up for a Holy War?” Associated Press, March 26, 1994.

110 Only with the ascension: Scott Taylor, “Timeline: LDS Church’s First Presi­dency, Quorum of the Twelve from 1984 to 2018,” Deseret News, March 29, 2018.

111 Oaks was a second: Scott Taylor, “A Look at President Dallin H. Oaks, First Counselor in the First Presidency,” Deseret News, January 16, 2018.

111 In his first year out: Dallin Oaks, Life’s Lessons Learned (Salt Lake City: Deseret Book Company, 2011), 36.

111 while there, he was both: Robert Gehrke, “LDS Apostle Was Studied for ’81 Court,” Salt Lake Tribune, August 8, 2018.

111 He was the first Mormon: Oaks, Life’s Lessons Learned, 96.

111 “Throughout the remainder”: Oaks, Life’s Lessons Learned, 98.

111 The materials were exposed: J. B. Haws, Mormon Image in the American Mind, 126.

111 “Once we have reached”: Oaks, “Same-Gender Attraction.”

112 “The Church’s position”: “Apostle Reaffirms Church’s Position on Homosexual­ity During CBS TV Interview,” Church News, 1987.

112 A former dean: Ronna Bolante, “Who Is Mike Gabbard?” Honolulu Magazine, Au­gust 1, 2004.

112 Gabbard called himself: Bolante, “Who is Mike Gabbard?”

112 who associated with: Christopher Neil, “Gay, Lesbian Parade Brings Waves of Pride,” Honolulu Advertiser, June 30, 1991.

113 The 1989 publication: Leanne Italie, “Heather Has Two (Legal) Mommies Now,” Associated Press, March 16, 2015.

113 Gabbard started paying: “Gay Power in Paradise,” Honolulu Magazine, April 1992.

113 The month Baehr v. Lewin was filed: “Getting It Straight,” Honolulu Advertiser, July 2, 1991.

113 although his greater concern: “Groups Criticize Gay Lifestyle,” Honolulu Adver­tiser, June 26, 1991.

113 On the day of the event: Christopher Neil, “Gay, Lesbian Parade Brings Waves of Pride,” Honolulu Advertiser, June 30, 1991.

113 When the Hawaii Supreme Court issued: Walter Wright and Kris M. Tanahara, “State Will Fight Gay Marriage Ruling,” Honolulu Advertiser, May 7, 1993.

113 Even though he declared: Wright and Tanahara, “State Will Fight Gay Marriage Ruling.”

114 “It’s an issue of conscience”: Peter Freiberg, “Right-Wing Ad Backfires on Mar­riage Ban,” Washington Blade, April 1, 1994.

14: Hawaii’s Future Today

115 As was often the case: Tony Semerad, “A Mormon Crusade in Hawaii: Church Aims to End Gay Union,” Salt Lake Tribune, June 9, 1996.

115 Jack Hoag had been: Jeff Barrus, “Jack Hoag’s New Mission,” Hawaii Business, April 1995.

116 To church leaders: “Richard Bitner Wirthlin, LDS General Authority and Poll­ster for Ronald Reagan, Dies at 80,” Deseret News, March 16, 2011.

116 to the broader world: Adam Clymer, “Richard Wirthlin, Pollster Who Advised Reagan, Dies at 80,” New York Times, March 18, 2011.

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116 He was seen by its elders: “Eleven Called to New Church Posts,” Associated Press, April 7, 1996.

116 Most give up to twenty hours: David Van Biema, “The Church and Gay Mar­riage: Are Mormons Misunderstood?” Time, June 22, 2009.

117 The city’s two newspapers: “Same-Sex Marriages,” Honolulu Star-Bulletin, No­vember 24, 1995.

117 were editorializing in favor: “Same-Sex Marriage: Commission’s Reasonable Plan,” Honolulu Advertiser, November 19, 1995.

118 “When the Christians”: William Kresnak, “More Seasoned, Christian Coalition in a Comeback,” Honolulu Advertiser, May 8, 1993.

118 A quarter century earlier: Daniel K. Williams, Defenders of the Unborn: The Pro-Life Movement Before Roe v. Wade (Oxford, UK: Oxford University Press, 2016), 94.

119 “If someone had told me”: Ray Kerrison, “Nightmare in Paradise,” New York Post, March 7, 1994.

120 The LDS Church had succeeded: Heather Vacek, “The History of Gambling,” Center for Christian Ethics at Baylor University, 2011.

120 which had been chartered by: Linda Hosek, “House Crushes Same-Sex Mar­riage,” Honolulu Star-Bulletin, April 26, 1994.

122 They succeeded in fending off: Greg Barrett, “Same-Sex Debate—Same Time Next Year,” Honolulu Advertiser, March 4, 1996.

122 Hawaii’s Future Today recruited: Alan Matsuoka, “Put Marriage Issue on Bal­lot, Say 3 Ex-Govs,” Honolulu Star-Bulletin, April 3, 1996.

122 To the surprise of LDS officials: William Kresnak, “House: Same-Sex Ban to Voters,” Honolulu Advertiser, March 6, 1996.

122 One of the reasons for that progress: Robbie Dingeman, “Same-Sex Marriage Opponents Outspend Supporters 5–1,” Honolulu Advertiser, March 30, 1996.

123 As Rosehill would later confide: Jonathan Goldberg-Hiller, The Limits to Union: Same-Sex Marriage and the Politics of Human Rights (Ann Arbor: University of Michigan Press, 2002), 93.

15: Kickoff

124 Gabbard suggested: Mark Siebert, “3,000 Meet to Protest Gay Proposal for School,” Des Moines Register, January 3, 1995.

124 To the national media: David W. Dunlap, “Opponents of Gay Topics Press Cru­sade,” New York Times, October 11, 1995.

125 But to Iowa conservatives: “Radio Host Solicits Money for Anti-Gay Campaign,” Des Moines Register, July 8, 1995.

125 Horn was known as the westerner: David Colker, “Anti-Gay Video Highlights Church’s Agenda,” Los Angeles Times, February 22, 1993.

125 who had decamped to their state: Edward Walsh, “Gay Rights Debate Leaves Iowans Angry and Divided; Paid Activist from California Helps Energize Des Moines,” Washington Post, February 18, 1995.

125 with the primary purpose of defeating: Bob Sipchen, “Mission to Iowa Broadens Fight Over Moral Agenda; Man’s Crusade Against Gay Issues in School Vote Has National Effect,” Los Angeles Times, September 4, 1995.

125 who had served for twelve years: Scott Canon, “Christian Conservatives Wield Clout,” Kansas City Star, October 24, 1995.

125 “If Mr. Wilson wants to be”: Chris Bull and John Gallagher, Perfect Enemies: The

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Religious Right, the Gay Movement, and the Politics of the 1990s (New York: Crown, 1996), 256.

125 Now it was just forty-eight hours: Scott Canon, “Christian Conservatives Wield Clout,” Kansas City Star, October 24, 1995.

125 the National Campaign to Protect Marriage: Bob Sipchen, “Same-Sex Marriage Moves to Forefront of Cultural Debate,” Los Angeles Times, April 10, 1996.

125 in Memphis: David Waters, “Religious Right’s Successes Made Rally Redun­dant,” Memphis Commercial Appeal, January 18, 1996.

125 “I know you can’t endorse me”: Margalit Fox, “Edward McAteer, Who Empow­ered Christian Right, Dies at 78,” New York Times, October 10, 2004.

125 The bond between conservative: Bull and Gallagher, Perfect Enemies, 258.

125 The “pro-family movement”: Ralph Reed, “Casting a Wider Net: Religious Con­servatives Move Beyond Abortion and Homosexuality,” Policy Review, July 1993.

126 At the Christian Coalition’s: Bull and Gallagher, Perfect Enemies, 238.

126 in a Baptist church basement: William N. Eskridge Jr. and Christopher R. Riano, Marriage Equality: From Outlaws to In-Laws (New Haven: Yale University Press, 2020), 119.

126 Sheldon had seen the opportunity: Bruce Mirken, “Hell Raiser,” LA Reader, Au­gust 2, 1991.

126 “If you destroy the heterosexual ethic”: Elaine Herscher, “Women’s Suit at Heart of Debate Over Same-Sex Unions,” San Francisco Chronicle, May 15, 1995.

126 The proposal was seen: Dudley Clendinen and Adam Nagourney, Out for Good, 385–88.

126 Like the Defend Our Children initiative: Elise Harris, “Seizing the Initiative,” Out, November 1994: 104.

126 “We now have another front-burner”: Jeffrey Schmalz, “Gay Areas Are Jubilant Over Clinton,” New York Times, November 5, 1992.

126 By 1995, Sheldon’s network: David W. Dunlap, “Minister Brings Anti-Gay Mes­sage to the Spotlight,” New York Times, December 29, 1994.

127 “The blacks, who cannot change”: Bull and Gallagher, Perfect Enemies, 172.

127 Within months of its 1993 release: Bull and Gallagher, Perfect Enemies, 171.

127 But the U.S. Supreme Court threatened: Thaddeus Herrick, “Colorado’s Gay Law Model for Outsiders,” Rocky Mountain News, April 13, 1993.

127 In February 1995: Linda Keen, “High Court to Hear Colorado Case,” Washington Blade, February 24, 1995.

127 The immediate result of Amendment 2: Bull and Gallagher, Perfect Enemies, 104.

127 Measure 9 had been likely: Sally Chew, “Ding, Dong Mabon Calling,” Out, Feb­ruary 1993.

127 labeling homosexuality: John Gallagher, “The Right’s New Strategy,” The Advo­cate, July 30, 1992.

127 The “no special rights” rhetoric: Bull and Gallagher, Perfect Enemies.

128 “Anyone who’s opposed”: Bull and Gallagher, Perfect Enemies, 168.

128 a reformed Cincinnati pornography addict: Mark Curnutte, “Moral Crusaders: Anti-Porn Group Widens Focus,” Cincinnati Enquirer, February 13, 1994.

128 funding from Colorado for Family Values: “Wedded to Intolerance: Extremists Lead Nationwide Assault on the Lives of Lesbian and Gay People,” Human Rights Campaign, February 3, 1999.

128 While the Cincinnati law: Linda Vacariello, “That Was Then, This Is Now,” Cin­cinnati Magazine, May 2004.

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128 Colorado’s Amendment 2: Jeffrey Rosen, “Disoriented,” New Republic, Octo­ber 23, 1995.

128 The most ominous sign: Hadley Arkes, “Gay Marriage and the Courts: Roe v. Wade II?” Weekly Standard, November 20, 1995.

128 A decision to strike down: Arkes, “Gay Marriage and the Courts: Roe v. Wade II?”

129 as an informal adviser: Hadley Arkes, Natural Rights and the Right to Choose (New York: Cambridge University Press, 2004), 97.

129 Citing nature as justification: Hadley Arkes, “A Natural Law Manifesto,” James Wilson Institute on Natural Rights and the American Founding, 2011.

129 “In traditional marriage”: Hadley Arkes, “The Closet Straight,” National Review, July 5, 1993.

129 He had resigned himself: Hadley Arkes, “Will Hawaii’s Imperial Judges Give Us Gay Marriage in 1996?” American Enterprise, May 1995.

129 “The Supreme Court is moving”: Arkes, “Gay Marriage and the Courts: Roe v. Wade II?”

129 Sheldon, a pastor: Bull and Gallagher, Perfect Enemies, 177.

129 Arkes’s argument that the Hawaii: Arkes, “Gay Marriage and the Courts: Roe v. Wade II?”

129 As early as December 1992: Terri Vermuelen, “Religious Group Targets Homo­sexuals in Ballot Proposal,” Associated Press, December 9, 1992.

130 “We’re looking at our legal options”: Bettina Boxall, “Hawaii Justices Open Door to Legalizing Gay Marriages; Law: State High Court Calls Ban Unconstitu­tional and Orders a Trial Ruling. Stirs Debate Across U.S.,” Los Angeles Times, March 26, 1995.

130 Terry was drawn: Ronald Sullivan, “Four Surrender in Use of Fetus Against Clinton,” New York Times, July 17, 1992.

130 Then Sekulow lifted: Deb Price, “Presidential Hopefuls Promise to Support Iowa Rally Against SSM,” Detroit News, February 10, 1996.

130 Horn read a letter: Richard L. Berke, “Fight for Religious Right’s Votes Turns Bitter,” New York Times, February 10, 1996.

16: Don & Bob

131 few in Washington noticed that Bob Dole: C. David Kotok and Joe Brennan, “Resolution Against Gay Marriages Wins Support of 6 Candidates,” Omaha World-Herald, February 11, 1996.

131 Four years earlier: Adam Nagourney, “ ‘Cultural War’ of 1992 Moves in from the Fringe,” New York Times, August 29, 2012.

131 In fact, many of those: Edward Eugene McAteer, interview by David Stricklin and Larry Braidfoot, October 27, 1988, Institute for Oral History, Baylor Uni­versity, Waco, Texas.

132 He was a freshman: Chris Casteel, “Nickles Skillfully Keeps Moral High Ground,” Daily Oklahoman, March 30, 1992.

132 When Nickles was thirteen: Chris Casteel, “Religion Influences Nickles’s Per­sonal, Political Life,” Daily Oklahoman, March 29, 1992.

He was able to effortlessly project: Casteel, “Religion Influences Nickles’s Per­sonal, Political Life.”

133 As he rose in politics: Casteel, “Religion Influences Nickles’s Personal, Political Life.”

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133 “How can we be more vocal”: Michael Standaert, Skipping Towards Armageddon: The Politics and Propaganda of the Left Behind Novels and the LaHaye Empire (New York: Soft Skull Press, 2006), 44.

133 one of the country’s first megachurches: Darren Dochuk, From Bible Belt to Sunbelt: Plain-Folk Religion, Grassroots Politics and the Rise of Evangelical Conservatism (New York: W. W. Norton and Company, 2012), 301.

133 When a referendum to ban: Standaert, Skipping Towards Armageddon, 44.

133 Tim LaHaye’s early insistence: Standaert, Skipping Towards Armageddon, 44.

133 inspired his peers to renounce: Joel A. Carpenter, Revive Us Again: The Reawaken­ing of American Fundamentalism (Oxford, UK: Oxford University Press, 1997), 86.

133 “At the time, I’d never heard”: Robert Dreyfuss, “Reverend Doomsday,” Rolling Stone, January 28, 2004.

134 “He flew under the radar”: Dreyfuss, “Reverend Doomsday.”

134 With a $10 million annual budget: Jamie Stiehm, “Family Research Council: Conservative Think Tank Raises the Flag of Family Values,” The Hill, Octo­ber 25, 1995.

134 One of the group’s most valuable relationships: Casteel, “Nickles Skillfully Keeps Moral High Ground.”

134 who in 1990 had been elected chairman: Walter Pincus, “Orchestrating, Del­egating, Legislating; Policy Lunches Sustain Dole Senate Leadership,” Washing­ton Post, September 15, 1995.

134 the Republican Policy Committee: Pincus, “Orchestrating, Delegating, Legislat­ing.”

135 In the years since Nickles took over: Stiehm, “Family Research Council: Con­servative Think Tank Raises the Flag of Family Values.”

135 “I don’t know where these people”: Richard L. Berke, “Dole, Ignoring His Advis­ers, Lashes Out at Abortion Foe,” New York Times, June 12, 1996.

135 “What’s so smart about it”: Jason DeParle, “A Fundamental Problem,” New York Times, July 14, 1996.

136 Over fifteen years serving alongside: Matthew Rees, “The Dole Next Time,” Weekly Standard, May 20, 1996.

136 Nickles endorsed Dole early: Rees, “The Dole Next Time.”

136 When a newspaper in western Iowa: C. David Kotok and Joe Brennan, “Reso­lution Against Gay Marriages Wins Support of 6 Candidates,” Omaha World-Herald, February 11, 1996.

137 One passage written by Michelangelo Signorile: Robert H. Knight, “How Do­mestic Partnerships and ‘Gay Marriage’ Threaten the Family,” Insight on the News, June 1994.

137 “The most subversive action lesbians”: Michelangelo Signorile, “Bridal Wave,” Out, December 1993/January 1994.

137 In February, the Family Research Council: Robert H. Knight, “Gay ‘Marriage’: Hawaii’s Assault on Matrimony,” Family Policy, February 1996.

137 “If more states strengthen their laws”: Knight, “Gay ‘Marriage’: Hawaii’s Assault on Matrimony.”

137 But the bill, a Clinton administration priority: “Clinton Signs Family Leave Act,” Congressional Quarterly Almanac, 1993.

138 showed that only 33 percent: “Same-Sex ‘Marriage,’ ” Washington Times, July 13, 1995.

139 “I think character is vitally important”: Gretchen Cook, “Dole-Clinton Elec­

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tion Battle Shapes Up over Character, Foreign Policy,” Agence France-Presse, March 11, 1996.

17: The Law Man

141 He had arrived in Washington: Deborah Kalb, “Government by Task Force: The Gingrich Model,” The Hill, February 22, 1995.

142 He had earned enough chits: Jim Achmutey, “He’s Every Inch the Barrister—U.S. Attorney Barr Enjoys ‘Great Job,’ ” Atlanta Journal-Constitution, Decem­ber 18, 1987.

142 “I enjoy defense”: Achmutey, “He’s Every Inch the Barrister.”

142 In 1992, he sought: Angela Webster, “Barr Says Fowler Vulnerable,” Newnan (GA) Times-Herald, February 1, 1992.

142 but lost in a runoff: Mark Sherman, “Coverdell and Barr Argue Over Abortion,” Atlanta Journal-Constitution, July 31, 1992.

142 he was too moderate: “Abortion Opponents Unhappy: Not Thrilled with GOP Senate Runoff Choices,” Associated Press, August 3, 1992.

142 in messily overlapping ways: Faye Fiore, “A Former Elephant in the Room,” Los Angeles Times, July 23, 2008.

142 “He came in one night”: Achmutey, “He’s Every Inch the Barrister.”

142 During his Senate primary: Lloyd Grove, “Rep. Barr’s New Quest: Impeach­ment,” Washington Post, February 10, 1998.

142 “He forgot, for one brief term”: Bob Barr, The Meaning of Is: The Squandered Im­peachment and Wasted Legacy of William Jefferson Clinton (Macon, GA: Stroud and Hall Publishers, 2004), 217.

143 Gingrich had been christening: Deborah Kalb, “Government by Task Force: The Gingrich Model,” The Hill, February 22, 1995.

143 “This is not a group”: Kalb, “Government by Task Force.”

143 Hours after being sworn in: Editorial, “The Barr Approach,” LaGrange (GA) Daily News, January 13, 1995.

143 In the following days: Nita Lelyveld, “Fights on the Horizon: Abortion, School Prayer, Guns, Affirmative Action,” Associated Press, April 10, 1995.

143 In the mid-1970s: Adam Winkler, “The Secret History of Guns,” The Atlantic, September 2011.

144 For the first three months: Lelyveld, “Fights on the Horizon.”

145 While at the CIA: Achmutey, “He’s Every Inch the Barrister.”

145 He proved a diligent lawmaker: “Barr Gets High Score in Congress,” Cedartown (GA) Standard, February 22, 1996.

145 and as midnight approached: Barr, The Meaning of Is, 154.

145 “What has to do with your ability”: Faye Fiore, “A Former Elephant in the Room,” Los Angeles Times, July 23, 2008.

145 Emblazoned Messiah’s Mandate: Steve Schlissel, “City Singles,” Urban Mission 3 (September 1985).

145 Schlissel was a known rabble-rouser: Gustav Spohn, “Christian Reformed Schism Looms,” Religious News Service, December 28, 1991.

145 Schlissel’s threat to lead: Daniel J. Lehmann, “Bible May Split Christian Re­formed Church,” Chicago Sun-Times, January 5, 1992.

145 had earned him: Spohn, “Christian Reformed Schism Looms.”

146 That summer, Oklahoma congressman Ernest Istook: Andrew Koppelman, “No Fantasy Island,” New Republic, August 6, 1995.

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146 Barr’s election, in particular: Hadley Arkes, Natural Rights and the Right to Choose (Cambridge, UK: Cambridge University Press, 2004), 102.

146 Arkes proposed adding: Whitney Galbraith, “Merits of Amendment Prohibiting Gay Marriage Debated,” Colorado Springs Gazette Telegraph, January 1, 1996.

146 That language had been drafted: Hadley Arkes, “Gay Marriage and the Courts: Roe v. Wade II?” Weekly Standard, November 20, 1995.

146 But merely introducing: Arkes, “Gay Marriage and the Courts: Roe v. Wade II?”

147 He was one of only seventeen: Garet Calhoun, “Bob Barr Emerges from Gin­grich’s Shadow,” Cobb (GA) Chronicle, January 12, 1996.

147 In February 1996, at the right’s: Patrick Armstrong, “Barr Picked as Outstanding Freshman Rep,” Dade County (GA) Sentinel, February 24, 1996.

147 A six-stop weekend tour: Carey Cornwell, “Barr Bids for Re-Election in Cobb,” Marietta (GA) Daily Journal, March 31, 1996.

147 In addition to local representatives: “Barr Says He’ll Seek Second Term,” Cartersville (GA) Daily Tribune, March 31, 1996.

147 Governor Zell Miller appeared ready to sign: Greg Hoffman, “Barr’s Bill Praised,” Marietta (GA) Daily Journal, May 9, 1996.

147 “We kept our votes”: Don Melvin, “Capitol Notebook; The Political Odd Cou­ple of the Capitol,” Atlanta Journal-Constitution, March 18, 1996.

149 In the past, federal courts had recognized: Barbara J. Cox, “Same-Sex Marriage and Choice-of-Law; If We Marry in Hawaii, Are We Still Married When We Return Home?” Wisconsin Law Review (1994): 1065.

150 “States rights are protected”: Hoffman, “Barr’s Bill Praised.”

18: How a Grievance Becomes a Bill

153 Within months, Largent had demonstrated: Chris Casteel, “Largent’s Conven­tion Speech on ‘Family Values’ Hits Home,” Daily Oklahoman, August 14, 1996.

153 He also had never been bashful: Jim Myers, “Largent Says Bill Protects Family,” Tulsa World, May 9, 1996.

153 The subcommittee on the Constitution: Charles Canady, “AP Candidate Bios,” Associated Press, November 1994.

154 Just after assuming its chairmanship: Julie Rovner, “ ‘Partial-Birth Abortion’: Separating Fact from Spin,” National Public Radio, February 21, 2006.

155 On April 18, the Washington Times: Paul Bedard, “Clinton Offers New Promises to Gays; Hints He’ll Push Legal ‘Marriages,’ ” Washington Times, April 18, 1996.

155 The Times was the first media organization: Fred Kuhr, “President’s Liaison Stops in Boston,” Bay Windows, March 28, 1996.

155 According to Bay Windows: Fred Kuhr, “Marsha Scott: On Marriage, the Military and the ’96 Campaign,” Bay Windows, March 28, 1996.

155 There was good reason: Fred Kuhr, “Marsha Scott: On Marriage, the Military and the ’96 Campaign,” Bay Windows, March 28, 1996.

155 The Times report in fact quoted: Bedard, “Clinton Offers New Promises to Gays.”

155 describing how disturbed: Alison Mitchell, “Clinton, in Emotional Terms, Explains His Abortion Veto,” New York Times, December 12, 1996.

156 Canady did not even appear: Casandra Burrell, “Bill Would Prevent Same-Sex Marriages from Becoming Legal,” Associated Press, May 8, 1996.

156 One day after the two congressmen: Burrell, “Bill Would Prevent Same-Sex Marriages from Becoming Legal.”

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156 Less than two weeks after: Linda Greenhouse: “Gay Rights Laws Can’t Be Banned, High Court Rules,” New York Times, May 21, 1996.

156 “seems inexplicable by anything but animus”: Romer v. Evans, 517 US 620.

157 Even as White House press secretary: Paul Bedard and Brian Blomquist, “Clin­ton Won’t Fight for Gay ‘Marriage’; Back Bill to Make Ties Non-Binding,” Washington Times, May 15, 1996.

157 “He believes this is a time”: Ron Fournier, “WH Reiterates Clinton’s Opposition to Same-Sex Marriages,” Associated Press, May 13, 1996.

157 The previous month’s Washington Times: Bedard, “Clinton Offers New Promises to Gays.”

19: March On, Washington

161 In 1974, New York congresswoman Bella Abzug: “ ‘I Am a Homosexual’: The Gay Drive for Acceptance,” Time, September 9, 1975.

161 But despite strong Democratic control: Chai Feldblum, “The Federal Gay Rights Bill: From Bella to ENDA,” in John D’Emilio, William B. Turner, and Urvashi Vaid, eds., Creating Change: Sexuality, Public Policy, and Civil Rights (Lon­don: St. Martin’s Press, 2000), 176.

162 In 1982, both the Human Rights Campaign Fund: Feldblum, “The Federal Gay Rights Bill,” 176.

162 leading Ronald Reagan’s communications director: Pat Buchanan, “AIDS Dis­ease: It’s Nature Striking Back,” New York Post, May 24, 1983.

162 “nature’s revenge”: Richard Cohen, “New Hampshire Voters Smelled a Phony, and Bashed Bush,” Reno Gazette-Journal, February 20, 1992.

162 “I have a vision”: Adam Nagourney, “Clinton Reaches Out to Gay Community: ‘I Have a Vision, You’re Part of It,” USA Today, May 20, 1992.

162 “It ensured, for the first time”: Feldblum, “The Federal Gay Rights Bill,” 176.

162 In both 1979 and 1987: Amin Ghaziani, The Dividends of Dissent: How Conflict and Culture Work in Lesbian and Gay Marches on Washington (Chicago, IL: University of Chicago Press, 2008).

163 The gathering, activist Robin Tyler promised: Ghaziani, The Dividends of Dissent.

163 One of Clinton’s first actions: Schmitt, “Challenging the Military; In Promising to End Ban on Homosexuals, Clinton Is Confronting a Wall of Tradition,” New York Times, November 12, 1992.

163 On the day that Clinton made: Schmitt, “Challenging the Military.

163 As April 25 approached: David Mixner, Stranger Among Friends (New York: Bantam Books, 1997), 307.

163 Eric Rosenthal, the Human Rights Campaign: Gary Lee, “Gays Get Reassur­ance on Military,” Washington Post, March 27, 1993.

164 That October, three Oklahoma representatives: “Three Oklahoma Congress­men Say They Would Not Hire Homosexuals,” Associated Press, October 4, 1993.

164 James Inhofe, who, echoing the debate: Craig Winneker, “Heard on the Hill,” Roll Call, October 18, 1993.

164 anonymously told the Washington Post: Kevin Merida and Kenneth J. Cooper, “Foley Denounces Gay Bias Remarks, Sort Of,” Washington Post, October 22, 1993.

164 When asked about the controversy: “Foley Backs Lawmakers on Hiring Prefer­ences,” USA Today, October 22, 1993.

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164 It was a position from which he later retreated: Jim Myers, “Foley Joins Gay Flap,” Tulsa World, October 22, 1993.

166 78 percent of Americans believed: Jeffrey Schmalz, “Poll Finds an Even Split on Homosexuality’s Cause,” New York Times, March 5, 1993.

166 came to stand: Lisa Keen, “Clinton Announces Support for ENDA,” Washington Blade, October 20, 1995.

167 “It’s our top priority right now”: Lisa Keen, “State of the Movement: Adrift,” Washington Blade, October 7, 1994.

20: Fights of the Roundtable

169 “Why do we really want the right to marry, anyway?”: Peter Freiberg, “Wolf­son Leaves Lambda for Freedom-to-Marry Work,” Washington Blade, January 30, 2001.

169 The Lambda Legal Defense and Education Fund: Joe Kennedy, “Fulltime Legal Force Zeroes In,” The Advocate, April 24, 1974.

169 Lambda’s mandate was to pursue: Jim Merrett, “America’s Gay Legal Crusaders,” The Advocate, January 29, 1991.

169 When it came time to file: Linda Hirshman, Victory: The Triumphant Gay Revolution (New York: HarperCollins Publishers, 2012), 148–49.

169 The Greek character that gave Lambda Legal: Lillian Faderman, The Gay Revolu­tion: The Story of the Struggle (New York: Simon & Schuster, 2016), 214.

170 At one such gathering: “Homosexuals in Revolt: The Year That One Liberation Movement Turned Militant,” Life, December 31, 1971.

170 The icing on the cake: “Homosexuals in Revolt.”

170 But even though they borrowed: Rob Cole, “Gay Marriage ‘Boom’: Suddenly, It’s News,” The Advocate, August 5, 1970.

170 foremost as mothers: Daniel Winunwe Rivers, Radical Relations: Lesbian Mothers, Gay Fathers, and Their Children in the United States Since World War II (Chapel Hill: University of North Carolina Press, 2013).

170 It took Sharon Kowalski’s car accident: Casey Charles, The Sharon Kowalski Case: Lesbian and Gay Rights on Trial (Lawrence: University Press of Kansas, 2003).

170 In 1983, after the twenty-seven-year-old: Karen Thompson, “Why Can’t Sharon Kowalski Come Home?” Sojourner’s: The Women’s Forum, October 31, 1986.

171 “If I were her normal spouse”: Candy J. Cooper, “Lesbians, Gays ‘Wed’ En Masse,” San Francisco Examiner, October 11, 1987.

171 “I would like us to move to an unhooking”: Bettina Boxall, “Hawaii Justices Open Door to Legalizing Gay Marriages,” Los Angeles Times, March 26, 1995.

172 Ettelbrick received an invitation: Nancy Polikoff, “Paula Ettelbrick Dies After a Life of Service to LGBT Rights; NY Times Obit Emphasizes Her Skepticism About Marriage,” Beyond (Straight and Gay) Marriage (blog), October 7, 2011, beyondstraightandgaymarriage.blogspot.com.

172 Tom Stoddard had become Lambda’s: Dudley Clendinen and Adam Nagourney, Out for Good: The Struggle to Build a Gay Rights Movement in America (New York: Simon & Schuster, 2001), 528.

172 “It is usually possible”: Paula Ettelbrick and Tom Stoddard, “Gay Marriage: A Must or a Bust?” Out/Look, September 1989.

172 “I am not naive”: Ettelbrick and Stoddard, “Gay Marriage: A Must or a Bust?”

173 “From the standpoint of civil rights”: Ettelbrick and Stoddard, “Gay Marriage: A Must or a Bust?”

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173 Stoddard and Ettelbrick accepted invitations: William B. Rubenstein, “Divided We Litigate: Addressing Disputes Among Group Members and Lawyers in Civil Rights Campaigns,” Yale Law Journal 106, no. 6 (April 1997).

173 and jokingly called these: Gabriel Rotello, E. J. Graff, and Doug Ireland, “To Have and to Hold: The Case for Gay Marriage,” The Nation, June 24, 1996.

173 The group was in the midst: Lisa Keen, “How the Six Top Gay Rights Organiza­tions Measure Up,” Washington Blade, March 1, 1993.

21: Waiting for a Nightmare

176 “How could abortion rights supporters”: David Sobelsohn, “Human, All Too Human: Abortion Law in America,” Review of Doctors of Conscience, by Carole Joffe, Journal of Sex Research 33, no. 2 (1996): 169.

176 Four years later, the Supreme Court: Roe v. Wade, 410 US 113.

176 “taking seriously the views”: Sobelsohn, “Human, All Too Human,” 168–70.

176 “The problem of abortion in America”: Sobelsohn, “Human, All Too Human,” 168–70.

177 Wolfson’s continued upbeat talk: Lyn Stoesen, “Legal Activist: Gay Marriage is Coming,” Washington Blade, December 8, 1994.

178 In a December memo: Lisa Keen and Lou Chibbaro Jr., “White House in Raging Debate Over Support in Colorado Case,” Washington Blade, June 2, 1995.

179 they were so well networked: Donald P. Haider-Markel, “Policy Diffusion as a Geographical Expansion of the Scope of Political Conflict: Same-Sex Mar­riage Bans in the 1990s.” State Politics & Policy Quarterly 1, no. 1 (March 2001): 5–26.

179 Utah’s bill became law: Deb Price, “States Will Lead the Way on Marital Laws,” Detroit News, April 21, 1995.

179 That May have appeared a useful reprieve: Steve Michaels, “State Enforces Whatever Law is on Books,” Honolulu Advertiser, November 26, 1995.

179 But in June 1995: Michaels, “State Enforces Whatever Law Is on Books.

180 Controlling the capital’s affairs: Dave Weigel, “Meet Jason Chaffetz,” Washington City Paper, October 1, 2010.

180 When a district court ruled in June 1995: In re M.M.D. 662 A.2d 837.

180 But as a presidential candidate: Alan Bernstein, “Dole’s Denial Puts Spotlight on Gay Group,” Houston Chronicle, September 6, 1995.

22: The Rebrander and the Firebrand

182 The prior executive director, Tim McFeeley: David Shribman, “Gay Activists Clash with Dukakis,” Wall Street Journal, May 26, 1988.

183 “Republicans, as a party”: Michael Duffy, “Into the Woods,” The Advocate, Decem­ber 27, 1994.

183 “We are living in a complete sea change”: David W. Dunlap, “Gay Leaders Resisting Attacks Against Gains,” New York Times, February 12, 1995.

183 She had come to the Human Rights Campaign Fund: Michelle Levander, “Get­ting Apple to Extend Benefits Wasn’t Easy, Gays Say; Official Response Was Like Punching a Pillow—No Overt Prejudice, Just a Lack of Response,” Austin American-Statesman, December 19, 1993.

183 When, later that year: David W. Dunlap, “Apple Lawyer Will Become New Director of Gay Group,” New York Times, November 21, 1994.

183 “This is happening because when gays”: Frank Trejo, “Business Lauded for Role

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in Guarding Gay Rights—Apple Officer Speaks at ‘Coming Out Day’ Event,” Dallas Morning News, October 12, 1994.

183 In September 1991, the software-maker Lotus Development: Thomas A. Stew­art, “Gay in Corporate America,” Fortune, December 16, 1991.

183 already had similar policies: “Health Benefits for Gay Couples Fall Short,” Har­vard Crimson, March 12, 1998.

183 In late 1993, the Austin American-Statesman: Levander, “Getting Apple to Extend Benefits Wasn’t Easy.”

184 “Where Congress and the military”: Trejo, “Business Lauded for Role in Guard­ing Gay Rights.”

184 The Corporate Equality Index: Marc Gunther, “Queer Inc.: How Corporate America Fell in Love with Gays and Lesbians,” Fortune, December 11, 2006.

184 “There’s a whole new breed”: Robert Bellinger, “Electronics Firms Lead the Way as Gays Push Workplace Issues: ‘Domestic-Partner Benefits’ Emerge,” Elec­tronic Engineering Times, November 8, 1993.

185 By the time Birch took command: Lisa Keen, “State of the Movement: Adrift,” Washington Blade, October 7, 1994.

185 displaced the older, more established: John D’Emilio, “Organization Tales: Interpreting the NGLTF Story,” in The World Turned: Essays on Gay History, Poli­tics, and Culture (Durham: Duke University Press, 2002), 99–122

185 “History suggests the access-driven politics”: Urvashi Vaid, Virtual Equality: The Mainstreaming of Gay & Lesbian Liberation (New York: Anchor Books, 1995), 93.

185 She hired openly gay relatives: Megan Rosenfeld, “Across the Great Divide; For Elizabeth Birch, the Ruling Against Colorado’s Anti-Gay Law Opens New Frontiers,” Washington Post, May 22, 1996.

185 Candace Gingrich, the Speaker’s semi-estranged: Katharine Q. Seelye, “Speak­er’s Sister Now Speaking Out,” New York Times, March 6, 1995.

185 Chastity Bono, the daughter of Congressman Sonny Bono: Chastity Bono, “Sonny & Chas,” The Advocate, June 11, 1996.

185 Birch was happy to publicize: Megan Rosenfeld, “Across the Great Divide; For Elizabeth Birch, the Ruling Against Colorado’s Anti-Gay Law Opens New Frontiers,” Washington Post, May 22, 1996.

185 She directed a $5,000 contribution: Lou Chibbaro Jr., “GOP Committee Denounced for Accepting Money,” September 8, 1995.

186 In the process of making the donation: Chibbaro Jr., “GOP Committee De­nounced for Accepting Money.”

186 Politics was about rewarding friends: Barney Frank, “Why Party Politics Mat­ters,” Harvard Gay & Lesbian Review 3, no. 2 (1996).

186 “ ‘There are worse things than losing elections’ ”: Barney Frank, Speaking Frankly: What’s Wrong with the Democrats and How to Fix It (New York: Times Books, 1992).

187 He flourished as “a counterpuncher”: Claudia Dreifus, “And Then There Was Frank,” New York Times Magazine, February 4, 1996.

187 Even from an impotent minority: Frank Rich, “Closet Clout,” New York Times, February 2, 1995.

187 within weeks of becoming House majority leader: Jeff Epperly, “Frank Sees Some Benefits from ‘Barney Fag’ Brouhaha,” Bay Windows, February 2, 1995.

187 The fact that he considered: Dreifus, “And Then There Was Frank.”

187 graver words than he’d had: Lou Chibbaro Jr., “Barney Frank Heads Off a Smear Effort Against Foley,” Washington Blade, June 9, 1989.

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187 “I feel, ‘Boy, this is a moral opportunity’ ”: Dreifus, “And Then There Was Frank.”

187 after she published a lighthearted column: Mary McGrory, “Boston Baked Washington,” Washington Post, May 2, 1993.

187 To gay activists, Frank: Jeffrey Toobin, “Barney’s Great Adventure,” New Yorker, January 12, 2009.

187 He and Gerry Studds had been: Fred Contrada, “ ‘Coming Out’ Less Harmful for Gay, Lesbian Politicians,” Springfield (MA) Republican, July 29, 1990.

188 In fact, Frank credited: Barney Frank, “American Immigration Law: A Case Study in the Effective Use of the Political Process,” in Creating Change: Sexuality, Public Policy, and Civil Rights, ed. John D’Emilio, William B. Turner, and Urvashi Vaid (New York: St. Martin’s Press, 2000), 209.

188 “Before I came out”: Barney Frank, “American Immigration Law,” 226.

188 “The N.R.A. doesn’t have demonstrations”: Dreifus, “And Then There Was Frank.”

188 “You see this now”: Dreifus, “And Then There Was Frank.”

189 Birch also reached into: J. Jennings Moss, “Slick Imaging,” The Advocate, Janu­ary 21, 1997.

189 “This is what you write”: Alexandra Chasin, Selling Out: The Gay and Lesbian Movement Goes to Market (London: Palgrave Macmillan, 2001).

190 “Moreover, the Republican field is increasingly”: Elizabeth Birch, “Clinton: The Clear Choice,” Human Rights Campaign Quarterly (February 1996): 2.

190 The article, “Why Party Politics Matters”: Frank, “Why Party Politics Matters.”

191 “Giving $5,000 to the entity”: Frank, “Why Party Politics Matters.”

23: Smooth Sailing

192 “Later on TalkBack”: Transcript, “Talk Back Live,” hosted by Miles O’Brien, CNN, March 27, 1996.

192 CNN’s guest for the Hawaii segment: Transcript, “Talk Back Live.”

193 The organization didn’t endorse a candidate: Deborah Lashman, “Human Rights Campaign Fund Endorses Clinton,” Out in the Mountains, July 1992.

194 A year earlier, a White House memo: Sara Miles, “Between Little Rock and a Hard Place,” The Advocate, April 1996.

194 “To me, the straight white boys”: J. Jennings Moss, “Wedding Bell Blues,” The Advocate, May 14, 1996.

195 “The military resented the intrusion”: George Stephanopoulos, All Too Human (Boston: Back Bay Books, 2000), 128.

195 “Probably would be o.k.”: Gwen Ifill, “President Chooses Breyer, an Appeals Judge in Boston, for Blackmun’s Court Seat,” New York Times, May 14, 1995.

195 Jimmy Carter had a staffer: John L. Mitchell, “Midge Costanza: Carter Aide Recalls Life in the Fishbowl,” Los Angeles Times, January 26, 1985.

195 In 1995, Clinton selected deputy assistant: David W. Dunlap, “Clinton Names First Liaison to Gay and Lesbian Groups,” New York Times, June 14, 1995.

195 Her first day on the job: Lisa Keen and Lou Chibbaro Jr., “Clinton Admin Wres­tlers Over Colo. Input,” Washington Blade, June 1, 1995.

196 the National Gay and Lesbian Task Force was planning: Denise Cowie, “A Con­ciliatory Negotiator Who Gets What She Wants,” Philadelphia Inquirer, May 2, 1996.

197 Over the course of the year: Paul Bedard, “Clinton Offers New Promises to Gays; Hints He’ll Push Legal ‘Marriages,’ ” Washington Times, April 18, 1996.

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197 one of five gay leaders: Lou Chibbaro Jr., “Clinton, Gays Meet,” Washington Blade, April 5, 1996.

24: Endangered Liaisons

199 A day before, Elizabeth Birch had been doing: Transcript, “Talk Back Live,” hosted by Miles O’Brien, CNN, March 27, 1996.

199 Two months later, when Newsweek followed up: Anne Underwood and Bruce Shenitz with Karen Springen, “Do You, Tom, Take Harry,” Newsweek, Decem­ber 11, 1995.

200 “The president doesn’t think”: Underwood and Shenitz with Springen, “Do You, Tom, Take Harry.”

200 In December, after Hawaii’s Commission: Lisa Keen, “Hawaii Panel Recom­mends Gay Marriage,” Washington Blade, December 1, 1995.

200 The New York Court of Appeals had recently: Sherrie E. Nachman, “Winning Adoption Rights for Unmarried Couples,” American Lawyer, January 1996.

200 who withdrew a job offer: Patricia A. Cain, Rainbow Rights: The Role of Lawyers and Courts in the Lesbian and Gay Civil Rights Movement (Boulder, CO: Westview Press, 2000), 217.

200 In late January, a Republican: “Trouble Ahead for Some Nontraditional Home Loans; The Limitations are ‘Bigoted Nonsense’ Says One Critic,” Norfolk Virginian-Pilot, January 24, 1996.

200 amended its lending standards: Albert Eisenberg, letter to the editor, “Virginia Housing Law Shift Involves Issue of Fairness,” Washington Times, July 7, 1994.

200 to replace the word household: Sue Robinson, “Housing Eligibility Limited; Board Disallows Single Pairs, Gays,” Roanoke Times & World, January 24, 1996.

200 thereby making gay and lesbian couples: Peter Baker, “Defying Allen, Panel Approves Home Loans to Unrelated Couples,” Washington Post, June 22, 1994.

203 When the reporter, Josh Moss: J. Jennings Moss, “Wedding Bell Blues,” The Advo­cate, May 14, 1996.

203 In mid-April, when the Washington Times: Paul Bedard, “Clinton Offers New Promises to Gays; Hints He’ll Push Legal ‘Marriage,’ ” Washington Times, April 18, 1996.

25: Two Weeks in May

204 She believed there was room: Frank Rich, “A Gay-Rights Victory Muffled,” New York Times, May 22, 1996.

205 The military experience weighed heavily: George Stephanopoulos, All Too Human (Boston: Back Bay Books, 2000), 128.

206 The claim that gay-rights initiatives: Transcript, “Crossfire” CNN, hosted by John Sununu and Michael Kinsley, September 23, 1992.

208 Since starting her job: David W. Dunlap, “Clinton Names First Liaison to Gay and Lesbian Groups,” New York Times, June 14, 1995.

210 Dick Morris, an on-and-off: Glenn F. Bunting and Alan C. Miller, “Clinton’s Trusted Gatekeeper,” Los Angeles Times, January 24, 1998.

210 The self-appointed guardian: Dick Morris, Behind the Oval Office: Getting Reelected Against All Odds (Kent, UK: Renaissance Books, 1998), 231.

211 The bill was coursing through: Adam Nagourney, “Christian Coalition Pushes for Showdown on Same-Sex Marriage,” New York Times, May 30, 1996.

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26. Dear Friends

212 As soon as Mike McCurry announced: Laura Meckler, “Clinton Would Sign Legislation Outlawing Gay Marriages,” Associated Press, May 23, 1996.

27. An Election-Year Baseball Bat

217 “This is a time to fortify the community”: Warren P. Strobel, “Clinton Signals He’d Support Curb on Same-Sex Marriage; Spokesman Says President Would Sign House Bill,” Washington Times, May 23, 1996.

218 To the Associated Press, Birch called it: Rob Peecher, “Barr: Bill Doesn’t Outlaw Same-Sex Marriage,” (Carrollton) Times-Georgian, May 9, 1996.

219 A Newsweek poll showed: “58% Oppose Legally-Sanctioned Gay Marriages,” Newsweek, May 24, 1996.

220 In 1992, the inclusion of the word: J. Jennings Moss, “Off Camera: G&L Dems Vocal—But Not Visible—a Convention,” The Advocate, October 10, 1996.

28. When the Deal Goes Down

221 When a year and a half later: David W. Dunlap, “Some Gay Rights Advocates Question Drive to Defend Same-Sex Marriage,” New York Times, June 7, 1996.

221 The front page of the June 7: Lisa Keen, “Anti-Gay Train May Carry Pro-Gay Cargo,” Washington Blade, June 7, 1996.

221 “If you can’t stop the freight train”: Keen, “Anti-Gay Train May Carry Pro-Gay Cargo.”

222 It would likely take another month: Jerry Gray, “House Passes Bar to U.S. Sanc­tion of Gay Marriage,” New York Times, July 15, 1996.

223 With the outcome in the House: Cheryl Wetzstein, “House Vote Backs Tradi­tional Wedlock; Debate on Gays Ends with 342–67 Tally,” Washington Times, July 13, 1996.

223 HRC political director Daniel Zingale: Chai Feldblum, “The Federal Gay Rights Bill: From Bella to ENDA,” in John D’Emilio, William B. Turner, and Urvashi Vaid, eds., Creating Change: Sexuality, Public Policy, and Civil Rights (London, UK: St. Martin’s Press, 2000), 148.

223 They did not need to guarantee: Feldblum, “The Federal Gay Rights Bill.”

224 A poll taken by Newsweek in May: Newsweek poll, “Gay Rights & the Supreme Court Decision,” Princeton Survey Research Associates, May 24, 1996.

224 “Is the strategy plausible?”: Keen, “Anti-Gay Train May Carry Pro-Gay Cargo.”

225 When Sam Gejdenson, who in 1994: Kenneth J. Cooper, “Court Declares Demo­crat Won in Connecticut,” Washington Post, December 17, 1994.

225 from safe liberal districts: Gregory B. Lewis and Jonathan L. Edelson, “DOMA and ENDA: Congress Votes on Gay Rights,” in The Politics of Gay Rights, ed. Craig Rimmerman, Kenneth Wald, and Clyde Wilcox (Chicago: University of Chicago Press, 2000), 203–211.

225 Frank had a long-standing belief: Barney Frank, “American Immigration Law: A Case Study in the Effective Use of the Political Process,” in Creating Change: Sexuality, Public Policy, and Civil Rights, ed. John D’Emilio, William B. Turner, and Urvashi Vaid (New York: St. Martin’s Press, 2000), 225.

225 “Does the fact that I love”: Cheryl Wetzstein, “DOMA Spurs Partisan Hill De­bate,” Washington Times, July 12, 1996.

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225 the openly gay Steve Gunderson: Andrew Holleran, “Coming-Out Party,” Review of House and Home by Steve Gunderson, New York Times Book Review, August 18, 1996.

226 “All closeted gay and lesbian members”: David W. Dunlap, “A Republican Con­gressman Discloses He Is a Homosexual,” New York Times, August 3, 1996.

226 On the eve of the House vote: Cassandra Burrell, “Sponsors of SSM Bill Don’t Want Amendments,” Associated Press, July 16, 1996.

226 Don Nickles, who had ascended: Christina Leonard, “Nickles at Dole’s Beck, Call,” Tulsa World, August 7, 1996.

228 If Kennedy could muster: Carolyn Lochhead, “Vote Stalled on Gay Marriages,” San Francisco Chronicle, September 5, 1996.

228 When majority leader Trent Lott: Eric Schmitt, “Senate Weighs Bill on Gay Rights on the Job,” New York Times, September 7, 1996.

229 “The House is a long shot”: Schmitt, “Senate Weighs Bill on Gay Rights on the Job.”

229 The one vote that kept: Melissa Healy, “Senate OKs Bill Against SSM,” Los Ange­les Times, September 10, 1996.

229 who was at a Little Rock hospital: Terry Lemons, “Senate Votes to Bar Same-Sex Marriages,” Arkansas Democrat-Gazette (Little Rock), September 10, 1996.

229 where his thirty-three-year-old son Mark: Aaron Sarlo, “Mark Pryor’s Long Shadow,” Arkansas Times, January 24, 2003.

29. Midnight Cowboy

232 “We came within a breath”: John E. Yang, “Senate Backs Gay-Marriage Ban,” Chicago Sun-Times, September 11, 1996.

234 Air Force One had just landed: “Tickets Required for Clinton Rally in Brandon,” Associated Press, September 18, 1996.

234 and the Clintons were en route: “Clinton Plans to Attend Brandon Rally Ahead of High School Football Game,” Associated Press, September 18, 1996.

234 As the president and first lady: Bob von Sternberg, “South Dakota Town Abuzz as Clinton Pays a Call,” Minneapolis Star-Tribune, September 21, 1996.

235 those in the press area: Terence Hunt, “Clinton: Gay Marriage Law No Excuse for Anti-Gay Discrimination,” Associated Press, September 20, 1996.

235 The signing statement didn’t offer: Peter Baker, “Bill Clinton’s Decision, and Regret, on Defense of Marriage Act,” New York Times, March 25, 2013.

235 The early wire-service stories: Hunt, “Clinton: Gay Marriage Law No Excuse.”

235 written before Clinton had even: “Clinton to Sign Ban on Same-Sex Marriages,” Reuters, September 21, 1996.

235 “The late-night announcement”: Hunt, “Clinton: Gay Marriage Law No Excuse.”

235 a bill to double the length: Todd S. Purdum, “Gay Rights Groups Attack Clinton on Midnight Signing,” New York Times, September 22, 1996.

236 The Washington Post noted prominently: Peter Baker, “President Quietly Signs Law Aimed at Gay Marriages,” Washington Post, September 22, 1996.

236 The New York Times’s story was headlined: Purdum, “Gay Rights Groups Attack Clinton.”

236 a White House spokeswoman, Mary Ellen Glynn: Baker, “President Quietly Signs Law.”

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237 The ad “is a mistake”: Paul Bedard, “For Christian Radio, Clinton Changes Tune on Gays, Abortion,” Washington Times, October 16, 1996.

237 A Dole campaign spokesman crowed: “Ad Touts Clinton’s Opposing Gay Mar­riage,” Associated Press, October 15, 1996.

237 the campaign replaced the ad: Howard Kurtz, “Clinton Ad Touting Defense of Marriage Is Pulled,” Washington Post, October 17. 1996.

30. Trial at Honolulu

238 “In a few years when we all have”: Elizabeth Birch, “1996 Through the Lens of History: A Year of Great Hope and Progress,” OUTlines: The Voice of the Gay and Lesbian Community, January 1997.

238 “First, 1996 was the year”: Birch, “1996 Through the Lens of History.”

238 Hawaii was not yet done: Susan Essoyan, “Hawaiian Wedding Bells Ring Alarm Bells,” Los Angeles Times, September 9, 1996.

238 The first day of the Baehr v. Miike trial: Ken Kobayashi, “Trial Tackles Same-Sex Controversy,” Honolulu Advertiser, September 11, 1996.

238 The spate of cases: Jason Pierceson, Same-Sex Marriage in the United States: The Road to the Supreme Court (Lanham, MD: Rowman & Littlefield, 2013), 97.

238 In 1971, a Kentucky county judge: William N. Eskridge Jr. and Christopher R. Riano, Marriage Equality: From Outlaws to In-Laws (New Haven: Yale University Press, 2020), 20–21.

239 From the outset: Kobayashi, “State Bases Same-Sex Case on Children.”

239 After the first day of crowded bleachers: Ken Kobayashi, “Bleachers Empty at Same-Sex Trial,” Honolulu Advertiser, September 15, 1996.

239 Among the parade: Linda Hosek and Helen Altonn, “Expert: Untraditional Family Burdens Kids,” Honolulu Star-Bulletin, September 11, 1996.

239 those doing so on the plaintiffs’ behalf: Ken Kobayashi, “State Rests Same-Sex Case,” Honolulu Advertiser, September 14, 1996.

239 Even as Foley declared: Ken Kobayashi, “State Appeal on Same-Sex a Long Shot,” Honolulu Advertiser, December 5, 1996.

240 One prominent booster: Mike Yuen, “Gay Marriage Fighters List Endorse­ments,” Honolulu Star-Bulletin, October 25, 1996.

240 In November’s general election: Robbie Dingeman, “Slom Upsets Ikeda as GOP Gains in House,” Honolulu Advertiser, November 6, 1996.

240 In several instances, the challengers: Mike Yuen, “Gay Marriage Fighters List Endorsements,” Honolulu Star-Bulletin, October 25, 1996.

240 The day after Chang’s decision: Ken Kobayashi, “Gay Marriages Upheld,” Hono­lulu Advertiser, December 4, 1996.

240 The following month, as they returned: Jim Witty, “Senate Erupts as Gay-Marriage Debate Heats Up,” Honolulu Star-Bulletin, February 5, 1997.

240 Another set of bills cleared the way: Angela Miller, “House OKs Same-Sex Measure,” Honolulu Advertiser, January 24, 1997.

242 Such complacency “snatched defeat”: Gabriel Rotello, “Too Little, Too Late?” The Advocate, June 24, 1997.

242 “After the election”: Rotello, “Too Little, Too Late?”

242 According to a Honolulu Star-Bulletin survey: “Voters Strongly Oppose Gay Unions,” Honolulu Star-Bulletin, February 24, 1997.

242 The Star-Bulletin poll two months earlier: “Voters Strongly Oppose Gay Unions.”

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243 When paired with legislative support: William Kresnak, “Accord Reached on Same-Sex Bills,” Honolulu Advertiser, April 18, 1997.

243 “HRC aired a last-minute TV commercial”: Rotello, “Too Little, Too Late?”

243 Just before their session expired: Harold Morse, “Time Crucial in Wording of Same-Sex Ballot Item,” Honolulu Star-Bulletin, April 20, 1997.

243 In November 1998, voters would be asked: Mike Yuen, “New Isle PAC Hopes to Derail Gay Marriages,” Honolulu Star-Bulletin, November 13, 1997.

243 “It’ll be the World Series”: Jess Christensen and William Kresnak, “Same-Sex Dispute Isn’t Going Away,” Honolulu Advertiser, April 18, 1997.

243 The most optimistic conclusion: “Gay Groups Preparing to Wage War in Hawaii,” Washington Blade, June 20, 1997.

31. Shameless Agitator

247 These efforts culminated: Edward T. McHugh, “Senate OKs Gay Rights Bill 17 Years After First Proposed; Differences in Senate and House Versions May Stall Passage,” Worcester (MA) Telegram & Gazette, October 12, 1989.

247 a version of which: Stuart E. Weisberg, Barney Frank: The Story of America’s Only Left-Handed, Gay, Jewish Congressman (Amherst: University of Massachusetts Press, 2009).

247 “shows we can win”: Chris Bull, “The Inside Story on the Massachusetts Rights Bill,” The Advocate, December 19, 1989.

247 “shameless agitator”: “Lesbians and Gays Honored,” Apex: A Point of Departure 1, no. 2 (March 1992).

248 Among the matters awaiting her: David J. Garrow, “Toward a More Perfect Union,” New York Times Magazine, May 9, 2004.

249 “The company sent telexes”: Kay Longcope, “Gay Couples Fight for Spousal Rights,” Boston Globe, March 4, 1991.

249 In June 1992, the Massachusetts Supreme Judicial Court: Reep v. Commissioner of the Department of Employment & Training, 412 Mass. 845.

249 Reep and Kurnit had been together: Doris Sue Wong, “Court Rules Live-in Partner May Collect Jobless Benefits,” Boston Globe, June 12, 1992.

249 “urgent, compelling or necessitous”: Mary Bonauto, “Goodridge in Context,” Har­vard Civil Rights—Civil Liberties Law Review 40 (2005): 16.

249 After drafting the brief: IN Newsweekly, “GLAD Worried Case Involving Unmar­ried Straight Couple May Hurt Domestic Partners,” February 4, 1992.

250 In 1993, Bonauto agreed to represent: Marla R. Van Schuyver, “Waltham Private School Is Target of Lesbian Teacher’s MCAD Suit,” Boston Globe, August 31, 1993.

250 “I lost my job because”: “District News Roundup,” Education Week, September 22, 1993.

250 “nothing in this act shall be construed”: Arthur S. Leonard, “Mass. Commis­sion Rejects Lesbian’s Claim Against School,” Lesbian/Gay Law Notes, October 1994.

251 Rhode Island had the most favorable case law: Chace, Petitioner, 26 R.I. 351.

251 when the state’s supreme court upheld: State v. Lopes, 660 A.2d 707.

252 Three years later, Rhode Island’s legislature: “Timeline: Gay and Lesbian His­tory in Rhode Island, and Nationally,” Providence Journal, July 27, 2014.

252 record of interpreting state laws: Mary L. Bonauto, “Equality and the Impossible—State Constitutions and Marriage,” Rutgers University Law Review 68, no. 4 (Summer 2016): 1499–1504.

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32. Queer Town Meetings

255 the Vermont Supreme Court issued its own: In re B.L.V.B, 160 Vt. 368 (Vt. 1993).

255 “Some people say this is about”: Doris Sue Wong, “Vt. Court Rules Woman May Adopt Children of Her Lesbian Partner,” Boston Globe, June 19, 1993.

255 Indeed, the facts of the Vermont case: Deborah Lashman, “Second Parent Adop­tion: A Personal Perspective,” Duke Journal of Gender Law & Policy 2 (Spring 1995): 227–32.

256 “Not only will this provide uniformity”: “2 Gay Adoption Cases Go to Appeals Courts,” New York Times, April 18, 1993.

256 the case’s sole amicus brief: Carol Hinchey, “Supreme Court Approves Second Parent Adoption,” Out in the Mountains, July–August 1993.

256 That December, Ettelbrick traveled: Carrie Coy, “Creating Crowds; Hundreds Turn Out for Conference,” Out in the Mountains, January 1994.

256 A year earlier, the state’s legislature passed: Deborah Lashman, “Civil Rights Bill Signed,” Out in the Mountains, June 1992.

256 “Chittenocentrism”: Paul Olsen “Creating Crowds II; A Queer Town Meeting,” Out in the Mountains, January 1995.

257 “shared an opinion that the”: Coy, “Creating Crowds.”

257 The bill had a number of provisions: David Moats, Civil Wars: A Battle for Gay Marriage (Orlando: Harcourt, Inc., 2004), 98.

258 “That was the sort of firm”: Scott Barclay and Anna-Maria Marshall, “Support­ing a Cause, Developing a Movement, and Consolidating a Practice: Cause Lawyers and Sexual Orientation Litigation in Vermont,” in The Worlds Cause Lawyers Make: Structure and Agency in Legal Practice, ed. Austin Sarat and Stuart Scheingold (Stanford, CA: Stanford University Press, 2005), 178.

258 “It’s a small state”: Barclay and Marshall, “Supporting a Cause, Developing a Movement, and Consolidating a Practice,” 178.

258 “Unlike other locales, Vermont never developed”: Mary Bernstein, “The Con­tradictions of Gay Ethnicity: Forging Identity in Vermont,” in Social Movements: Identity, Culture, and the State, ed. David S. Meyer et al. (New York: Oxford Uni­versity Press, 2002), 91.

259 One of the few venues that fit: Kate Ratcliff, “Andrews Inn in Historical and Cultural Context,” Andrews Inn Oral History Project, Out in the Open, date unknown.

259 The inn closed in 1984: Harmony Birch, “Unveiling the History Behind the Andrews Inn,” Brattleboro (VT) Reformer, June 13, 2017.

259 As in many rural states, uncommonly low prevalences: HIV/AIDS Surveillance Year-End Report, January 1991 (Atlanta: U.S. Department of Health and Human Services, Public Health Service Centers for Disease Control), 6.

259 developing the political and social-service organizations: Jami K. Taylor, Don­ald P. Haider-Markel, and Benjamin Rogers, “Toward a New Measure of State-Level LGBT Interest Group Strength.” State Politics & Policy Quarterly 19, no. 3 (September 2019): 339.

259 failed 1986 campaign to add: Meg Dennison, “Propositions ’86: Vermont ERA Appears to Be Defeated,” Associated Press, November 5, 1986.

259 more likely to see their closest: Mary Bernstein, “The Contradictions of Gay Ethnicity: Forging Identity in Vermont,” in Social Movements: Identity, Culture, and the State, ed. David S. Meyer et al. (New York: Oxford University Press, 2002), 91.

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259 wedding announcement that had appeared: “Couples: Rivers-McMahon,” Burl­ington Free-Press, August 28, 1994.

259 Earlier that month, Pasha and Penny: “Wife and Wife: One Couple Fights for the Right to Marry,” Out in the Mountains, May 1995.

259 The couple instead sought out: Molly Walsh, “Woman & Wife,” Burlington Free Press, January 8, 1995.

259 under David Sentelle: Lisa Keen, “Vermont Argument Wednesday,” Washington Blade, November 13, 1998.

259 her adolescent hero, Atticus Finch: Anne Galloway, “Gay Marriage Activist Named to Vermont Supreme Court,” VTDigger, October 18, 2011. www.vtdigger .org.

260 She took a two-thirds salary cut: David Moats, Civil Wars: A Battle for Gay Mar­riage (Orlando: Harcourt, Inc., 2004), 100.

260 One formative experience was a course: Barclay and Marshall, “Supporting a Cause, Developing a Movement, and Consolidating a Practice,” 178.

260 campaigning to restrict or ban: Andrea Dworkin and Catharine MacKinnon, Pornography and Civil Rights: A New Day for Women’s Equality (Minneapolis: Orga­nizing Against Pornography, 1988), 31.

260 Robinson recalled soaping: Beth Robinson, “The Road to Inclusion for Same-Sex Couples: Lessons from Vermont,” Seton Hall Constitutional Law Journal 11, no. 237 (2001): 246.

260 “The Legislature contemplated”: Abbey Duke and Nancy Remsen, “Vermont Court at Center Stage,” Burlington Free Press, October 10, 1999.

260 Based on that conclusion, state officials: David Cole, Engines of Liberty: The Power of Citizen Activists to Make Constitutional Law (New York: Basic Books, 2016), 33.

261 “We also strongly believe that the institution”: Bernstein, “The Contradictions of Gay Ethnicity,” 102.

33. Marriage 101

264 By May, the statehouse had inadvertently: “Legislature Unexpectedly Confronts Gay Marriage,” Out in the Mountains, May 1996.

264 In every other instance, the law spoke: Fred Kuhr, “In Vermont, Three Local Couples Sue for Right to Marry,” Bay Windows, July 31, 1997.

264 On June 15, the day of the parade: Sona Iyengar, “Gay Couples Fight for Mar­riage Rights,” Burlington Free Press, June 15, 1996.

265 “transplants from the flatlands”: “Marriage Video in Production,” Out in the Mountains, June 1996.

266 which would be held in Brattleboro: Hugh Coyle, “Coalition Holds ‘Our Town Meeting,’ ” Out in the Mountains, December 1996.

34. Anything But the Slam-Dunk Cases

268 “feel good about empowering”: West Johnson, “Legal Ease,” Seven Days, May 19, 2010.

268 After a 1982 merger: Johnson, “Legal Ease.”

270 “As the states’ independent constitutional”: David Schuman, “Right to Equal Privileges and Immunities: A State’s Version of Equal Protection, The Sym­posium on the Revolution in State Constitutional Law,” Vermont Law Review 13, no. 221 (1988): 1.

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271 In February 1997, the Vermont Supreme Court: Diane Derby, “School Funding Unconstitutional; High Court Rules Rich-Poor Town System Is Unfair,” Rutland (VT) Daily Herald, February 6, 1997.

271 “The conclusion becomes inescapable”: Brigham v. State, 166 Vt. 246.

271 As a result, three couples went: David Moats, Civil Wars: A Battle for Gay Marriage (Orlando: Harcourt, Inc., 2004), 107–108.

272 On July 22, 1997, Bonauto stood: Peter S. Canellos, “Vt. Gays Sue for Right to Marry,” Boston Globe, July 22, 1997.

272 “We are challenging the notion”: Moats, Civil Wars, 108.

35. Baker v. State

273 A California transplant who worked: William N. Eskridge Jr., Equality Practice: Civil Unions and the Future of Gay Rights (New York: Routledge, 2002), 47.

273 “nudged me to go home”: Stannard Baker, “A Civil Right,” Swarthmore College Bulletin, July 2014.

273 “Chase Manhattan Bank married us”: Christopher Moes, “Marriage Battle Moves to Green Mountains,” Out in the Mountains, September 1997.

273 Another, Lois Farnham and Holly Puterbaugh: Eskridge Jr., Equality Practice, 43–44.

274 Nina Beck and Stacy Jolles: Out in the Mountains, “State Files Response to Mar­riage Suit,” December 1997.

274 On the day of the press conference: David Moats, Civil Wars: A Battle for Gay Mar­riage (Orlando: Harcourt, Inc., 2004), 109.

274 Noah had suffered from circulatory: Wendy Johnson, “Love Not Law, Made This Family,” Washington Blade, date unknown.

274 “At least we have”: “All Eyes on Vermont,” Frontiers, December 25, 1998.

274 “I started this case”: “State Files Response to Marriage Suit,” Out in the Mountains, December 1997.

274 They dedicated a small maple: Moats, Civil Wars, 109.

274 “All we want to talk about”: “State Files Response to Marriage Suit.”

275 “it’s probably equally likely that three years”: Kim Howard, “AG Sorrell Speaks,” Out in the Mountains, November 1997.

275 By summoning a reporter: Howard, “AG Sorrell Speaks.”

275 “if we had taken a poll”: Moats, Civil Wars, 126.

275 “a Vermont-style lawsuit where”: Howard, “AG Sorrell Speaks.”

276 In December, Judge Linda Levitt: Fred Kuhr, “Trial Judge Throws Out Ver­mont’s Gay Marriage Case,” Bay Windows, January 8, 1998.

276 “The State has an inherent interest”: Diane Derby, “In Gay Marriage Case, Arguments Become Extreme,” Vermont Press Bureau, November 30, 1997.

276 “Married Couples Do Not Necessarily”: Mary Bonauto, Susan M. Murray, and Beth Robinson, “The Freedom to Marry for Same-Sex Couples: The Opening Appellate Brief of Plaintiffs Stan Baker Et Al. In Baker Et Al. V. State of Vermont,” Michigan Journal of Gender and Law 5, no. 409 (1999).

277 “When social mores change”: In re B.L.V.B, 160 Vt. 368 (Vt. 1993).

277 previously a civil-rights attorney: Moats, Civil Wars, 97.

277 Anticipating such a turnout: Ross Sneyd, “Justices Seem to Lean Against Mar­riage Ban,” Associated Press, November 27, 1998.

277 By 7:45 a.m., nearly three hours: Greg Johnson, “Vermont Civil Unions: The New Language of Marriage,” Vermont Law Review 25, no. 1 (Fall 2000): 32.

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277 “the most closely watched opinion”: Baker v. State, 170 Vt. 194.

277 The stakes for the rest: Lois R. Shea, “Same-Sex Marriage Hopes Go North,” Boston Globe, November 17, 1998.

277 Unlike when Baker v. State had first been filed: Scott A. Giordano, “Will Vermont Be the First to OK Gay Marriage?” Bay Windows, November 12, 1998.

277 Less than two weeks before: “Same-Sex Marriages Banned by Voters,” Associ­ated Press, November 4, 1998.

278 Robinson faced an encouraging reminder: Lisa Keen, “Tradition Versus Prog­ress,” Washington Blade, November 20, 1998.

278 In 1948, that court had confronted: Perez v. Sharp, 32 Cal.2d 711.

278 “basic civil right . . . fundamental”: Loving v. Virginia, 388 US 1.

280 “special protection of the economic health”: State v. Ludlow Supermarkets, Inc., 141 Vt. 261.

36. The Remedy

281 Every Friday was a “decision day”: David Moats, Civil Wars: A Battle for Gay Mar­riage (Orlando: Harcourt, Inc., 2004), 1–2.

281 where rainbow flags and multicolored balloons: Heather Stephenson, “Couples Say, ‘There’s No Stopping Us Now,” Barre Montpelier (VT) Times Argus, Decem­ber 21, 1999.

281 Still, Murray and Robinson were not: Moats, Civil Wars, 4.

281 “confusing mixture of joy and despondency”: Linda Hollingdale, Creating Civil Unions: Opening Hearts and Minds (Hinesburg, VT: Common Humanity Press, 2002), 134.

281 “the most difficult day of my professional life”: Hollingdale, Creating Civil Unions, 6.

281 At 10:55 a.m. that morning: Moats, Civil Wars, 3–4.

282 She had to wait: Moats, Civil Wars, 4–5.

283 “the State made every conceivable”: Baker v. State, 170 Vt. 194.

283 There were two other opinions: Baker v. State.

284 already the ruling had necessitated: Chris Graff, Dateline Vermont: Covering and Uncovering the Newsworthy Stories that Shaped a State—and Influenced a Nation (North Pomfret, VT: Thistle Hill Publications, 2006), 97.

284 “a legal and cultural milestone”: Christopher Graff, “Supreme Court Says Gays, Lesbians Entitled to Rights of Marriage,” Associated Press, December 20, 1999.

284 “It’s clear we won”: Stephenson, “Couples Say.”

284 The headline on his story: Ross Sneyd, “Gay Marriage Issue Headed for Law­makers’ Fine-Tuning,” Associated Press, December 21, 1999.

284 “confident that the legislature is going to do”: Diane Derby, “Gays, Lesbians Now Turn Attention to Legislature,” Barre Montpelier (VT) Times Argus, Decem­ber 21, 1999.

285 “debates in the legislature”: Linda Hollingdale, Creating Civil Unions: Opening Hearts and Minds (Hinesburg, VT: Common Humanity Press, 2002), 134.

285 “sending us to the very political cauldron”: Hollingdale, Creating Civil Unions.

37. Scenes from a Civil Union

286 During his time in office, Dean had: Chris Graff, Dateline Vermont: Covering and Uncovering the Newsworthy Stories that Shaped a State—and Influenced a Nation (North Pomfret, VT: Thistle Hill Publications, 2006), 79.

2_8_5_–2_9_0_ _

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286 “As soon as the Supreme Court handed”: Linda Hollingdale, Creating Civil Unions: Opening Hearts and Minds (Hinesburg, VT: Common Humanity Press, 2002), 136.

286 “Most Vermonters are uncomfortable”: Adam Lisberg and Nancy Remsen, “Legislators Embrace Idea of ‘Domestic Partnership,’ ” Burlington Free Press, De­cember 21, 1999.

286 “so that no group of Vermonters”: “Governor Dean Supports Gay Rights,” Out in the Mountains, February 1992.

287 When, in 1994, his administration’s Department of Personnel: Kip Roberson, “VT Becomes 1st State to Extend Benefits,” Out in the Mountains, Septem­ber 1994.

287 During his 1996 campaign: Paul Olsen, “Vermont Party Platforms Split on Gay Marriage Issue,” Out in the Mountains, December 1996.

287 Even as his lieutenant governor, Doug Racine, declared: Scott A. Giordano, “Attempts to Influence Vermont Case May Backfire: HI Mailing Seems to Rally Gay Support,” Bay Windows, May 12, 1999.

287 “It’s in the best interests of all”: Graff, Dateline Vermont, 105.

287 “It’s not something the legislature will do”: Diane Derby, “Gays, Lesbians Now Turn Attention to Legislature,” Barre Montpelier (VT) Times Argus, December 21, 1999.

287 “This year we must make”: Jack Hoffman, “Dean Stresses Vermont Values,” Barre Montpelier (VT) Times Argus, January 5, 2000.

288 “Oh, shit”: Hollingdale, Creating Civil Unions, 22.

288 “a legislator who was interested”: Hollingdale, Creating Civil Unions, 22.

288 “I was committed to a full”: Hollingdale, Creating Civil Unions, 101.

288 “In view of the intense feelings”: Mary Lou Killian, “Got Marriage? State-Level Policymaking Regarding Marriage Rights for Gays and Lesbians,” doctoral dis­sertation, Temple University, April 19, 2005, 114.

289 Susan Murray and Beth Robinson were called: David Moats, Civil Wars: A Battle for Gay Marriage (Orlando: Harcourt, Inc., 2004), 156.

290 “You’re about to move from an arena”: Virginia Lindauer Simmon, “The Guys in the Hall,” Business People–Vermont, July 2003.

290 “white moderate who is more devoted”: Martin Luther King Jr., “The Negro Is Your Brother, Atlantic Monthly, August 1963.

290 A few days later, Little took: Jack Hoffman, “Panel Backs Domestic Partnership,” Rutland (VT) Herald, February 10, 2000.

290 There had been consensus: Adam Lisberg, “Panel Backs Gay Partnerships,” Bur­lington Free Press, February 10, 2000.

291 “legal benefits act is the right thing”: William N. Eskridge Jr., Equality Practice: Civil Unions and the Future of Gay Rights (New York: Routledge, 2002), 61.

291 That day several of the members: Moats, Civil Wars, 198.

291 “civil rights package”: Carey Goldberg, “Vermont Panel Shies from Gay Mar­riage,” New York Times, February 10, 2000.

291 “legal benefits” act: Jack Hoffman, “Panel Backs Domestic Partnership,” Rutland (VT) Herald, February 10, 2000.

293 Take It to the People, a group: Carey Goldberg, “Vermont Supreme Court Takes Up Gay Marriage,” New York Times, January 19, 1998.

293 pushed legislators to introduce: Jack Hoffman, “Gay Marriage Foes Push for Amendment,” Rutland (VT) Daily Herald, March 31, 2000.

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293 As the civil-unions bill moved: Moats, Civil Wars, 205–06.

293 March 9, 2000, was Town Meeting Day: Eskridge Jr., Equality Practice, 64.

293 two three-hour sessions: Nancy Remsen, “Hundreds Expected at SSM Hear­ing,” Burlington Free Press, January 28, 2000.

293 “The people of Vermont are in this”: David Moats, “A Charitable View,” Rutland Herald, February 9, 2000.

293 “At some point I knew”: Hollingdale, Creating Civil Unions, 24.

294 On March 15, 2000, the civil-unions bill: Carey Goldberg, “Vermont’s House Backs Wide Rights for Gay Couples,” New York Times, March 17, 2000.

294 The following day, Dean signed: Moats, Civil Wars, 242.

294 “the domestic partnership act and not”: Graff, Dateline Vermont, 105.

294 “a parallel ‘domestic partnership’ system”: Christopher Graff, “Supreme Court Says Gays, Lesbians Entitled to Rights of Marriage,” Associated Press, Decem­ber 20, 1999.

38. Down from the Mountains

295 The July 1 implementation date: “Gay Couples Wed Across Vermont After Civil Union Law Takes Effect,” Associated Press, July 2, 2000.

295 “With the civil union law, we turn”: Mary Bonauto, “Civil Unions: Vermont Leads the Country,” HRC Quarterly (Washington: Human Rights Campaign), June 2000.

295 “I knew there were strong feelings”: Elizabeth Mehren, “Voters Oust 5 Who Backed Vt. Civil Union Law,” Los Angeles Times, September 14, 2000.

296 Because of threats, Governor Howard Dean had: Tom Marshall, “Howard Dean’s Toughest Campaign,” Hartford Courant, September 21, 2003.

296 “My sexual orientation would be a distinctly second”: Debra Rosenberg, “State of the ‘Union,’ ” Newsweek, October 23, 2000.

297 “This is probably something that’s going”: Mehren, “Voters Oust 5 Who Backed Vt. Civil Union Law.”

297 A few months earlier, Alaska’s had: Kevin G. Clarkson, David Orgon Coolidge, and William C. Duncan, “The Alaska Marriage Amendment: The People’s Choice on the Last Frontier,” Alaska Law Review 16 (1999): 213–68.

298 Its highest appellate court, the Supreme Judicial Court: Connors v. City of Boston, 430 Mass. 31.

298 “It’s a victory for the traditional family”: Steve Marantz, “Court KOs Benefits for Gay Couples,” Boston Herald, July 9, 1999.

298 “I don’t know what Cambridge can come up”: Anthony Giampetruzzi, “Cam­bridge Putting Up a Fight over Partner Benefits,” In Newsweekly, April 5, 2000.

299 “an exalted status to some people”: Frank Phillips, “Finnegan Unmoved, Vows to Block Bill,” Boston Globe, July 23, 1998.

299 A week later, a coalition of city officials: Carolyn Federoff, “Mark Your Calen­dars: March 29, Mass. DP Lobby Day,” In Newsweekly, March 29, 2000.

299 a headline in the gay community newspaper: Scott A. Giordano, “Mass. Activists Have Discovered Beacon Hill Leadership Stacked Against Them in Ways Not Seen in Decades,” Bay Windows, May 13, 1999.

299 “We recognize that the category of covered”: Connors v. City of Boston, 430 Mass. 31.

299 forty-six Cantabridgians facing a similar fate: Scott A. Giordano, “Cambridge Prepares to Defend Its DP Law,” Bay Windows, March 30, 2000.

Isse_9781524748739_all_5p_r1.s.indd 804 2/9/21 1:11 PM Notes to pages 299–305 | 805

 

299 “The court is not homophobic”: Anthony Giampetruzzi, “Mass. High Court Kills Boston Partner Benefits,” In Newsweekly, July 21, 1999.

300 including a recent 1999 decision: E.N.O. v. L.M.M., 429 Mass. 824.

39. The Next Town Over

301 “an incredible ally in our fights”: Beth Berlo, “Three Lesbian Attorneys Hon­ored,” Bay Windows, October 26, 2000.

301 “an extraordinary amount of meanness”: Berlo, “Three Lesbian Attorneys Hon­ored.”

302 In August, she had convened: Yvonne Abraham, “10 Years’ Work Led to Historic Win in Court,” Boston Globe, November 23, 2003.

302 Arline Isaacson, who as the state’s most influential: Scott A. Giordano, “DP Bill Remains Idle on Beacon Hill,” Bay Windows, April 15, 2000.

302 “Shouldn’t we wait a few years?”: Abraham, “10 Years’ Work.”

302 “Although I accepted the decision”: Linda Hollingdale, Creating Civil Unions: Opening Hearts and Minds (Hinesburg, VT: Common Humanity Press, 2002), 21.

302 Regardless of Bonauto’s decisions: Laura Kiritsy, “Activists Set to Battle Mar­riage Measure,” Bay Windows, January 18, 2001.

302 As the statehouse came into session: Rick Klein, “Rogers’ Bill Would Rule Out Gay Marriage,” Boston Globe, February 2, 2001.

303 That seemed to foreclose: Yvonne Abraham, “Bill Targets Domestic Partner Benefits,” Boston Globe, May 17, 2001.

303 “engage affirmatively and with the voices”: Mary Bonauto, “The Litigation: First Judicial Victories in Vermont, Massachusetts, and Connecticut,” in Love Unites Us: Winning the Freedom to Marry in America, ed. Kevin M. Cathcart and Leslie J. Gabel-Brett (New York: The New Press, 2016), 79.

303 Throughout the second half of 2000: Abraham, “10 Years’ Work.”

304 By the end of March 2001: Bonauto, “The Litigation,” 80.

304 a white-collar Jamaica Plain couple: Kathleen Lahey and Kevin Alderson, Same-Sex Marriage: The Personal and the Political (Toronto: Insomniac Press, 2004), 353.

305 “If you loved each other”: Evan Thomas, T. Trent Gegax, Debra Rosenberg, Pat Wingert, Mark Miller, Martha Brant, Stuart Taylor Jr., Tamara Lipper, John Barry, Rebecca Sinderbrand, Sarah Childress, and Julie Scelfo, “The War over Gay Marriage,” Newsweek, July 7, 2003.

305 the Massachusetts Supreme Judicial Court had determined: Marc S. Malkin, “Mass. SJC Approves Lesbians as Co-Parents in Adoption Case,” Bay Windows, September 16, 1993.

305 “It ultimately hurts Annie more than anyone”: Kathleen Burge, “Judge Dismisses Same-Sex Marriage Suit; 7 Gay Couples Plan to Appeal,” Boston Globe, May 9, 2002.

305 On April 11, 2001, Bonauto stood: Laura Kiritsy, “ ‘All People Are Born Free and Equal,’ ” Bay Windows, April 19, 2001.

305 “helpful in a generic, cultural fashion”: Yvonne Abraham, “Gays Seek Right to Marry; Mass. Lawsuit Goes Beyond Civil Unions,” Boston Globe, April 17, 2001.

305 “a legal relationship and a social status”: Beth Berlo, “Marriage Lawsuit Filed on Behalf of Seven Couples,” Bay Windows, April 12, 2001.

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40. Goodridge

306 a group calling itself Massachusetts Citizens for Marriage: “Marriage Backers Launch Petition Initiative,” The Pilot, August 3, 2001.

306 “the ultimate legal remedy”: Yvonne Abraham, “10 Years’ Work Led to Historic Win in Court,” Boston Globe, November 23, 2003.

306 If the amendment’s sponsors did succeed: “8 Ballot Initiatives Rejected,” Boston Globe, September 6, 2001.

306 “a three-year campaign from intolerant busybodies”: “More Ballot Mayhem for Massachusetts,” Berkshire (MA) Eagle, September 8, 2001.

306 “We were going to get massacred”: Daniel R. Pinello, America’s Struggle for Same-Sex Marriage (New York: Cambridge University Press, 2006), 36.

307 By year’s end, the amendment’s backers had collected: “Signatures Back Gay Marriage Ban,” Associated Press, December 5, 2001.

307 “Our opponents could have gone”: Pinello, America’s Struggle for Same-Sex Mar­riage.

307 “wrong-hearted, mean-spirited, discriminatory and unfair”: Patricia A. Gozemba and Karen Kahn, Courting Equality: A Documentary History of America’s First Legal Same-Sex Marriages (Boston: Beacon Press, 2007), 59.

307 As soon as he gaveled in: Yvonne Abraham, “Birmingham Blocks a Vote on Mar­riage,” Boston Globe, June 20, 2002.

307 “If we won the case”: Mary Bonauto, “The Litigation: First Judicial Victories in Vermont, Massachusetts, and Connecticut,” in Love Unites Us: Winning the Free­dom to Marry in America, ed. Kevin M. Cathcart and Leslie J. Gabel-Brett (New York: The New Press, 2016), 79.

307 At the first hearing over summary-judgment motions: Beth Berlo, “Historic Hearing Over Gay Marriage Begins in Boston,” Bay Windows, March 14, 2002.

307 “While this court understands the reasons”: Kathleen Burge, “Judge Dismisses Same-Sex Marriage Suit; 7 Gay Couples Plan to Appeal,” Boston Globe, May 9, 2002.

308 in the process of moving: Noah Hurowitz, “Portland Lawyer Mary Bonauto Credited as ‘Mastermind’ Behind Landmark Gay Rights Court Cases,” Bangor Daily News, March 30, 2013.

308 The brief she drafted hinged: Mary Bonauto, “Goodridge in Context,” Harvard Civil Rights—Civil Liberties Law Review 40 (2005): 25.

308 The language was a vestige: Ronald M. Peters Jr. The Massachusetts Constitution of 1780: A Social Compact (Amherst: The University of Massachusetts, 1978).

309 the example of Quock Walker: Robert M. Spector, “The Quock Walker Cases (1781–83): Slavery, Its Abolition, and Negro Citizenship in Early Massachu­setts,” Journal of Negro History, 53, no. 1 (January 1968): 12–32.

309 “celebrates a court that led”: Emily Bazelon, “A Bold Stroke,” Legal Affairs, May 2004.

310 “the laws of the Commonwealth do not permit”: Marc S. Malkin, “Mass. SJC Approves Lesbians as Co-Parents in Adoption Case,” Bay Windows, Septem­ber 16, 1993.

310 “We needed to be extremely cautious”: Bonauto, “Goodridge in Context,” 22.

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41. We’re the Marriage People

315 oral arguments at Massachusetts’s highest court: Kathleen Burge, “SJC Peppers Lawyers on Same-Sex Marriage,” Boston Globe, March 5, 2003.

315 His dissertation concerned: David Blankenhorn, “Cabinet Makers in Victorian Britain: A Study of Two Trade Unions,” unpublished MA dissertation, Univer­sity of Warwick, UK, October 1978.

316 a New York Times op-ed he wrote: David Blankenhorn, “Family Values, Without Sugary Pieties,” New York Times, March 23, 1986.

317 “The argument must be made”: Wade F. Horn, “Did You Say ‘Movement’?” in The Fatherhood Movement: A Call to Action, ed. Wade F. Horn, David Blankenhorn, and Mitchell B. Pearlstein (New York: Lexington Books, 1999), 13.

317 “Historically, the good father protects”: David Blankenhorn: Fatherless America: Confronting Our Most Urgent Social Problem (New York: Basic Books, 1995), 122.

317 the institute’s 2000 manifesto: Institute for American Values, The Marriage Move­ment: A Statement of Principles (New York: Institute for American Values, 2000).

317 both parties’ presidential nominees: Judith Stacey, “Family Values Forever: In the Marriage Movement, Conservatives and Centrists Find a Home Together,” The Nation, July 9, 2001.

317 “Marriage, a rich generator”: Institute for American Values, The Marriage Move­ment, 4.

317 But many of the specific policy: Institute for American Values, The Marriage Movement, 17–18.

318 Bush introduced a Healthy Marriage Initiative: Sharon Lerner, “Marriage on the Mind,” The Nation, June 17, 2004.

318 “I don’t want to play Cupid”: Beth Henry, “Mother and Father Know Best; A New Role for Bush’s Health and Human Services Department,” Weekly Standard, March 4, 2002.

318 “Now everyone from the government”: Alex Kotlowitz and Ben Loeterman, “Let’s Get Married,” directed by Ben Loeterman, PBS Frontline, November 14, 2002.

318 In the summer of 2001, his institute: Norval Glenn and Elizabeth Marquardt, Hooking Up, Hanging Out, and Hoping for Mr. Right: College Women on Dating and Mat­ing Today (New York: Institute for American Values, 2001).

318 Blankenhorn had always had an eye: David Blankenhorn, “I Do?” First Things, November 1997.

319 “a meeting place for leaders”: Jen Waters, “Thoughtful Choices; Academies Help Students with Christian Worldview,” Washington Times, April 16, 2003.

319 the friendly reception they had given: Burge, “SJC Peppers Lawyers.”

319 an act of avoidance: Philip Kennicott, “Champions of ‘Civil Society’ Embrace at Arm’s Length,” Washington Post, February 14, 2002.

320 and an earlier book: Maggie Gallagher, Enemies of Eros: How the Sexual Revolution Is Killing Family, Marriage, and Sex and What We Can Do About It (Chicago: Bonus Books, 1989).

320 “more marriages that succeed”: David Popenoe, Jean Bethke Elshtain, and David Blankenhorn, eds., Promises to Keep: Decline and Renewal of Marriage in America (Lanham, MD: Rowman & Littlefield Publishers, 1996), xi.

320 Instead, in the month that the bill came: Maggie Gallagher, “Family First Fanta­sies,” Washington Times, June 24, 1996.

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320 the New Republic’s cover story titled: Andrew Sullivan, “The Case for Gay Mar­riage,” New Republic, August 28, 1989.

321 “As private citizens, the authors have”: Linda J. Waite and Maggie Gallagher, The Case for Marriage: Why Married People Are Happier, Healthier, and Better Off Financially (New York: Doubleday, 2000), 200.

322 “whether an individual ever personally”: Institute for American Values, The Marriage Movement, 3.

322 “just misses the whole point”: Walter Isaacson, “Should Gays Have Marriage Rights?” Time, November 20, 1989.

322 “there is a difference between what we permit”: Dan Meyers, “City Considers Extending Job Benefits to Gay Couples,” Philadelphia Inquirer, June 22, 1990.

323 “People who haven’t had much positive”: Peter Steinfels, “Efforts to Redefine Marriage Stumble over Same-Sex Unions,” New York Times, June 6, 2003.

323 the most industrious proponents: The Economist, “Let Them Wed,” January 6, 1996.

323 As early as 1994: Jonathan Rauch, “A Pro-Gay, Pro-Family Policy,” Wall Street Journal, November 29, 1994.

323 “If we do not deliberate”: Karen S. Peterson, “On Gays, ‘Marriage Movement’ Is on Both Sides of the Aisle; Group Is All for Stronger Relationships, but Debate Could Splinter Its Own,” USA Today, August 4, 2003.

42. A Sense of Where the Culture Is Headed

325 “It’s the great American game”: David Orgon Coolidge, “Vermont: The Rest of the Story,” National Review Online, January 9, 2001.

325 cover the Baehr trial: David Orgon Coolidge, “Marriage on Trial,” Hawaii Catho­lic Herald, September 20, 1996.

327 Mormon-led group had begun supporting: Gregory A. Prince, Gay Rights and the Mormon Church: Intended Actions, Unintended Consequences (Salt Lake City: Univer­sity of Utah Press, 2019), 72–82.

327 “You might say a rainbow coalition”: David Orgon Coolidge, “Marriage in Mas­sachusetts,” Weekly Standard, June 7, 1999.

327 “With his well-spoken manner”: Marilyn Gardner, “A Man Raised by One Parent Advocates for Two,” Christian Science Monitor, September 25, 1997.

327 sending volunteer doctors into schools: “Abstinence Group Criticizes Health Officials,” Associated Press, February 25, 1998.

327 pursuing doctoral studies at Brandeis: Scott Rubush, “Traditional Values Matter Most to Daniels,” Insight, August 16, 1999.

327 “We’ve had anti-drug”: Glen Johnson, “As Father’s Day Nears, Report High­lights Impact of Fatherlessness,” Associated Press, June 11, 1997.

327 “Kids do best”: Dan Gilgoff, The Jesus Machine: How James Dobson, Focus on the Family, and Evangelical America Are Winning the Culture War (New York: St. Martin’s Press, 2007), 143.

327 “Our side tends often to think”: Rubush, “Traditional Values Matter Most to Daniels.”

328 He had been born in Spanish Harlem: Franklin Foer, “Marriage Counselor,” The Atlantic, March 2004.

328 Daniels described his childhood as “miserable”: Gardner, “A Man Raised by One Parent.”

Isse_9781524748739_all_5p_r1.s.indd 808 2/9/21 1:11 PM Notes to pages 329–336 | 809

 

329 “would challenge anyone to show”: Maggie Gallagher, “Why Murphy Brown Lost,” New York Post, September 1, 2000.

330 It would not be unprecedented: David Orgon Coolidge and William C. Duncan, “Reaffirming Marriage: A Presidential Priority,” Harvard Journal of Law & Public Policy 24, no. 2 (Spring 2001): 645.

330 The one passed by Alaska voters: David Orgon Coolidge and William C. Dun­can, “Definition or Discrimination? State Marriage Recognition Statutes in the ‘Same-Sex Marriage’ Debate,” Creighton Law Review 32 (1998).

330 All three had previously worked: Hadley Arkes, Natural Rights and the Right to Choose (Cambridge, UK: Cambridge University Press, 2002), 97.

330 “People involved in those early discussions”: Gilgoff, The Jesus Machine, 142.

331 “on the road to cultural disaster”: Robert H. Bork, Slouching Towards Gomorrah: Modern Liberalism and American Decline (New York: HarperCollins, 1996), 11.

331 “Because the court misused”: Robert H. Bork, “Activist Judges Strike Again,” Wall Street Journal, December 22, 1999.

331 “Let’s challenge the homosexual movement”: David Crary, “Amendment Sought Against Same-Sex Unions,” Associated Press, July 11, 2001.

43. Enemy of the Good

332 “We assembled a multiethnic”: Scott Rubush, “Traditional Values Matter Most to Daniels,” Insight, August 16, 1999.

332 Instead news coverage identified: “Coalition Wants Marriage Amendment,” Associated Press, July 10, 2001.

332 Daniels credited the black church: Karen S. Peterson, “Man Behind the Mar­riage Amendment,” USA Today, April 12, 2004.

333 In Massachusetts, he had recruited: Diego Ribadeneira and Tatsha Robertson, “Battle Lines Form over Same-Sex Marriage Bill,” Boston Globe, May 17, 1999.

333 Standing beside him: Carolyn Lochhead, “Constitutional Amendment to Bar Same-Sex Marriage,” San Francisco Chronicle, July 13, 2001.

333 “It is outrageous to claim”: Regan Morris, “The Life and Career of Matt Dan­iels,” Law Crossing, undated, www.lawcrossing.com.

333 “legal equivalent of a nuclear bomb”: Rhonda Smith, “Constitutional Claws; Coalition Wants Amendment Banning Legal Recognition of Same-Sex Unions,” Washington Blade, July 13, 2001.

334 The closest thing to urgency: Rex Wockner, “World’s First Gay Marriages Take Place on April 1,” Bay Windows, April 5, 2001.

334 The press conference to unveil: Stanley Kurtz, “Media Blackout,” National Re­view, September 8, 2003.

334 “Few television outlets even know”: Kurtz, “Media Blackout.”

335 “The amendment as drafted”: Kenneth Connor, letter to editor, National Review, August 20, 2001.

335 “The Constitution is not the problem”: Tim Graham, “Prenuptial Disagree­ment,” World, June 8, 2002.

336 Connor was a Florida attorney: Family Research Council, “Over 20 Years,” November 29, 2006. Accessed via web.archive.org.

336 “Focus saw FRC”: Dan Gilgoff, The Jesus Machine: How James Dobson, Focus on the Family, and Evangelical America Are Winning the Culture War (New York: St. Martin’s Press, 2007), 148.

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336 Since the 1960s, the Supreme Court: Engel v. Vitale, 370 US 421.

337 ending organized prayer in schools: Abington School Dist. v. Schempp, 374 US 203.

337 In 1990, it went even further: Employment Div. v. Smith, 494 US 872.

337 The Supreme Court in 1997 gutted: City of Boerne v. Flores, 521 US 507.

337 At that point, congressional Republicans responded: Tom Strode, “House Falls Short of Two-Thirds Vote on Religious Freedom Amendment,” Baptist Press, June 5, 1998.

337 “neo-establishment majoritarianism”: Barry Hankins, Uneasy in Babylon: South­ern Baptist Conservatives and American Culture (Tuscaloosa: University of Alabama Press, 2002), 160.

337 “awful and appalling”: Hankins, Uneasy in Babylon, 157–60.

338 believer in the amendment’s language: Robert P. George, “The 28th Amend­ment,” National Review, July 23, 2001.

338 In search of some unity: Gilgoff, The Jesus Machine, 149.

338 Connor fell ill: Gilgoff, The Jesus Machine, 149.

44. Marriage Movements

340 “was just the sort of kid”: Maggie Gallagher, “Why Murphy Brown Lost,” New York Post, September 1, 2000.

340 “I became a writer”: Mark Oppenheimer, “The Making of Gay Marriage’s Top Foe,” Salon, February 8, 2012.

340 “Since I was a girl”: John Corvino and Maggie Gallagher, Debating Same-Sex Marriage (New York: Oxford University Press, 2012), 223.

341 “new effort to find ways”: Gallagher, “Why Murphy Brown Lost.”

341 “carefully drawn, measured, centrist amendment”: Maggie Gallagher, “Do We Need a Federal Marriage Amendment?” TownHall.com, July 18, 2001.

341 “The quiet, back-door demonization”: Maggie Gallagher, “Hate Speech from Gay Marriage Advocates,” TownHall.com, August 7, 2001.

341 “shared public norm”: Maggie Gallagher, “The Stakes: Why We Need Mar­riage,” National Review Online, August 14, 2003.

342 “If the most powerful trends in family law”: Maggie Gallagher, “The New Attack on Marriage,” TownHall.com, April 21, 2003.

342 what she dubbed unisex marriage: Maggie Gallagher, “A Federal Marriage Amendment?” New York Post, August 17, 2001.

342 “move from a silence on this issue”: Karen S. Peterson, “On Gays, ‘Marriage Movement’ Is on Both Sides of the Aisle; Group Is All for Stronger Relation­ships, but Debate Could Splinter Its Own,” USA Today, August 4, 2003.

342 “The debate over same-sex marriage, then”: Maggie Gallagher, “What Marriage Is For,” Weekly Standard, August 4, 2003.

343 “to brag a little”: Maggie Gallagher, “Andrew Sullivan’s Strange Silence,” Mariage Debate.com, August 2, 2003. Accessed via web.archive.org.

343 When Jonathan Rauch earnestly countered: Jonathan Rauch, “Jonathan vs. Mag­gie,” MariageDebate.com, August 3, 2003. Accessed via web.archive.org.

343 “Oh, Jonathan I knew that”: Maggie Gallagher, “Maggie’s Stupid Digression,” MarriageDebate.com, August 4, 2003. Accessed via web.archive.org.

343 “Through her writings, Ms. Gallagher”: U.S. Congress, Senate, Judiciary Com­mittee, Constitution Subcommittee, hearing on “What is needed to defend the bipartisan Defense of Marriage Act of 1996?” September 4, 2003.

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343 a point made by one of the magazine’s writers: Ramesh Ponnuru, “Coming Out Ahead,” National Review, July 28, 2003.

344 “Polygamy is not worse”: Gallagher, “The Stakes: Why We Need Marriage.”

344 “I think that among the really, really, really, really”: U.S. Congress, “What is needed to defend the bipartisan Defense of Marriage Act of 1996?”

344 “one of the movement’s intellectual flag-bearers”: Alan Cooperman, “Opponents of Gay Marriage Divided; At Issue Is Scope of an Amendment,” Washington Post, November 28, 2003.

45. Wise as Serpents

346 The founding myth of the American Family Association: People for the Ameri­can Way, “Donald E. Wildmon & the American Family Association,” May 25, 1989.

346 His primary tool for shaping: Marla Dickerson, “Christian Group Escalates Boy­cott Against Disney,” Los Angeles Tismes, July 2, 1996.

347 A week earlier, Wildmon had led: Paul Weyrich, “A Fatal Flirtation: The GOP and the Homosexual Movement,” CNS News, May 12, 2003.

347 Former presidential candidate Gary Bauer wondered: Ralph Z. Hallow, “GOP Leaders Warned to Shun Agenda of Gays,” Washington Times, May 15, 2003.

347 “man on child, man on dog”: Associated Press, “Excerpt from Santorum Inter­view,” April 23, 2003.

347 “If Republicans continue”: Hallow, “GOP Leaders Warned.”

347 “Look at our entertainment programs”: David D. Kirkpatrick, “Conservatives Using Issue of Gay Unions as a Rallying Tool,” New York Times, February 8, 2004.

348 “Some groups are rivals”: Paul Weyrich, “The Arlington Group,” Renew Amer­ica, December 3, 2004.

348 Weyrich had just published: Paul Weyrich, “Top 5 Social Priorities for Conser­vatives,” CNS News, June 27, 2003.

348 “demeans the lives of homosexual persons”: Lawrence v. Texas, 539 US 558.

348 “the liberty protected by the Constitution”: Lawrence v. Texas, 539 US 558.

348 The appeal had been filed: Dale Carpenter, Flagrant Conduct: The Story of Law­rence v. Texas, How a Bedroom Arrest Decriminalized (New York: W. W. Norton, 2012), 152.

349 “ ‘does not involve whether’ ”: Lawrence v. Texas, 539 US 558.

349 parallel logic had led the Ontario Court: Sylvain Larocque, Gay Marriage: The Story of a Canadian Social Revolution (Toronto: James Lorimer & Company, 2006), 109–25.

349 “This case is ultimately about”: Hedy Halpern and Colleen Rogers, Michael Leshner and Michael Stark, Aloysius Pittman and Thomas Allworth, Dawn Onishenko and Julie Erbland, Carolyn Rowe and Carolyn Moffatt, Barbara McDowall and Gail Donnelly, Ali­son Kemper and Joyce Barnett v. Attorney General of Canada, The Attorney General of Ontario, and Novina Wong, The Clerk of the City of Toronto, O.J. No. 2268.

349 In 1999, she had married: Hanna Rosin, “A Family Business,” Washington Post, May 20, 2004.

349 But starting in March 2003: Kathleen Burge, “SJC Peppers Lawyers on Same-Sex Marriage,” Boston Globe, March 5, 2003.

350 “We’re opening up”: Evan Thomas, T. Trent Gegax, Debra Rosenberg, Pat

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Wingert, Mark Miller, Martha Brant, Stuart Taylor Jr., Tamara Lipper, John Barry, Rebecca Sinderbrand, Sarah Childress, and Julie Scelfo, “The War over Gay Marriage,” Newsweek, July 7, 2003.

350 When the Federal Marriage Amendment was introduced: U.S. Congress, House, Proposing an amendment to the Constitution of the United States relating to marriage, H.J.Res.93, 107th Cong., introduced in House July 18, 2012.

351 “I absolutely do”: Sheryl Gay Stolberg, “White House Avoids Stand on Gay Marriage Measure,” New York Times, July 2, 2003.

351 “marriage is a sacrament”: Bill Sammon, “Bush Cool on Measure to Ban Gay ‘Marriage’; Conservatives Hit Wait-and-See Stance,” Washington Times, July 3, 2003.

351 “the president believes that marriage”: Stolberg, “White House Avoids Stand.”

351 “His father was raised Episcopal”: Raney Aronson, “The Jesus Factor,” directed by Raney Aronson, PBS Frontline, April 29, 2004.

352 Promising to unleash: Dan Balz, “ ‘Armies of Compassion’ in Bush’s Plans,” Washington Post, April 25, 1999.

352 Even before the polls had closed: Sasha Issenberg, The Victory Lab: The Secret Sci­ence of Winning Campaigns (New York: Crown, 2012), 87.

352 Exit polls eventually showed: Dan Gilgoff, The Jesus Machine: How James Dobson, Focus on the Family, and Evangelical America Are Winning the Culture War (New York: St. Martin’s Press, 2007), 186.

352 “If this process of withdrawal continues”: Jeff Zeleny, “GOP Failed to Draw Re­ligious Right in 2000, Says Bush Aide,” Chicago Tribune, December 12, 2001.

352 “the middle man”: Timothy S. Goeglein, The Man in the Middle: An Inside Account of Faith and Politics in the George W. Bush Era (Nashville: B&H Books, 2011), 46.

352 Goeglein hosted a weekly: Peter H. Stone and Bara Vaida, “Christian Soldiers,” National Journal, December 4, 2004.

352 On Thursday mornings: Joe Feuerherd, “The Real Deal: How a Philosophy Pro­fessor with a Checkered Past Became the Most Influential Catholic Layman in George W. Bush’s Washington,” National Catholic Reporter, August 19, 2004.

352 “In the Reagan administration”: Raney Aronson, “The Jesus Factor.”

353 The two had known each other: Stone and Vaida, “Christian Soldiers.”

353 “imparting legitimacy to the homosexual political cause”: Lou Chibbaro Jr., “Right-Wing Groups Blast Bush’s Picks,” Washington Blade, October 5, 2001.

353 Just two years earlier, Senate Republicans: Robert Novak, “A Gay Ambassador,” Washington Post, January 15, 1998.

354 “This is a Washington story of intrigue”: Elisabeth Bumiller, “Unlikely Story Behind a Gay Rights Victory,” New York Times, June 27, 2002.

354 “I don’t know if it is necessary”: David Freddoso, “Senators Hesitant to Back Frist on Marriage Amendment,” Human Events, July 11, 2003.

354 “We did not want to get ahead”: Goeglein, The Man in the Middle, 119.

355 had been exiled from the Washington: Mark O’Keefe,”Religious Right Rethinks Strategy as Agenda Stalls,” Newhouse News Service, July 14, 2003

46. Dueling Amendments

357 “This is the first time that any”: Bill Werde, “A First at Bride’s Magazine: A Report on Same-Sex Unions,” New York Times, July 28, 2003.

357 previous August changed: Jan Thompson, “A Sign of the Times,” Gay City News, August 23, 2002.

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357 Inspired by the success of the sitcom: Jim Rutenberg, “Gay-Themed TV Gain­ing a Wider Audience,” New York Times, July 29, 2003.

357 It was a season of similarly alarming: Mark O’Keefe, “Traditional Foes Form the Core of Opposition to Gay Marriage,” Newhouse News Service, October 7, 2003.

357 the Episcopal Church elected: Laurie Goodstein, “New Hampshire Episcopa­lians Choose Gay Bishop, and Conflict,” New York Times, June 8, 2003.

357 at the MTV Video Music Awards: Imogen Tilden, “Madonna Sexes Up MTV Awards,” The Guardian, August 29, 2003.

357 The Southern Baptist Convention would distribute: “Conservatives Using Issue of Gay Marriage to Spur Voter Drive,” Associated Press, October 2, 2003.

357 “This will be a rolling crescendo”: Cheryl Wetzstein, “Groups Pledge to Protect Marriage,” Washington Times, October 3, 2003.

358 “Using pulpits, petitions, and political action committees”: Mary Leonard, “Gay Marriage Stirs Conservatives Again,” Boston Globe, September 28, 2003.

358 “a Constitutional Marriage Amendment is needed”: Paul Weyrich, “Marriage Protection Week,” CNS News, October 7, 2003.

358 He had asked a Democrat: Tim Graham, “Prenuptial Disagreement,” World, June 8, 2002.

359 not quite new to the topic: Jacob M. Schlesinger, “How Gay Marriage Thrust 2 Outsiders onto Center Stage,” Wall Street Journal, February 23, 2004.

359 Hostettler believed that: “FRC President: Marriage Amendment Is Top Issue,” Human Events, September 15, 2003.

359 “what steps, if any, are needed”: U.S. Congress, Senate, Judiciary Committee, Constitution Subcommittee, hearing on “What is needed to defend the biparti­san Defense of Marriage Act of 1996?” May 16, 1996.

360 Around thirty people were present: Marc J. Ambinder, “Where the ‘Vast Right-Wing Conspiracy’ Hangs Its Hat,” Washingtonian, December 2005.

360 “counterfeit marriage”: Mark A. Regan, Preserving Marriage in an Age of Counter­feits: How “Civil Unions” Devalue the Real Thing (Washington, DC: Family Research Council, 2001).

360 But Connor was replaced: Judith Stacey, “Family Values Forever: In the Marriage Movement, Conservatives and Centrists Find a Home Together,” The Nation, July 9, 2001.

360 “Hopefully, within the next few weeks”: Human Events interview with Tony Per­kins, “FRC President: Marriage Amendment Is Top Issue,” September 15, 2003.

361 “The grassroots will get motivated”: Ramesh Ponnuru, “Marriage Amendment Jitters,” National Review, November 24, 2003.

361 “We might as well say”: Joel Belz, “Something to Scream About,” World, Octo­ber 11, 2003.

361 There was the moral outrage: Roe v. Wade, 410 US 113.

362 In an effort to undo: Robert N. Karrer, “The Pro-Life Movement and Its First Years under ‘Roe,’ ” American Catholic Studies 122, no. 4 (2011): 58.

362 But they quickly ended up in two camps: David J. Garrow, Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade (New York: Macmillan, 1994), 639.

362 efforts by Weyrich in the early 1980s: Bill Peterson, “Worries for New Right,” Washington Post, February 16, 1982.

362 “If we can’t win”: Belz, “Something to Scream About.”

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363 “perhaps the most unifying figure”: Ponnuru, “Marriage Amendment Jitters.”

363 Twenty organizations that were part: Ponnuru, “Marriage Amendment Jitters.”

363 The same cadre that two weeks earlier: Belz, “Something to Scream About.”

364 The project’s founder, David Orgon Coolidge: Michael Cromartie, A Public Faith: Evangelicals and Civic Engagement (Lanham, MD: Roman & Littlefield Publishers, Inc., 2003), x.

364 “Like many Americans, I find”: Maggie Gallagher, “Gays and Catholics: Can We Tolerate Both?” TownHall.com, May 5, 2003.

364 long-dreaded news came: “Court Rules Couples May Wed,” Bay Windows, No­vember 19, 2003.

364 “Barring an individual from the protections”: Goodridge v. Dept. of Public Health, 440 Mass. 309.

365 Shortly thereafter, a version: U.S. Congress, Senate, A joint resolution proposing an amendment to the Constitution of the United States relating to marriage, S.J.Res.26, 108th Cong., introduced in House November 25, 2003.

365 The new chairman of the Republican National Committee: Susan Page, “Gay Marriage Looms Large for ’04,” USA Today, November 19, 2003.

365 “civil-union-type provision”: Raphael Lewis, “Groups Muster to Fight Gay Marriage in Mass,” Boston Globe, November 20, 2003.

365 “The people whose minds must”: Maggie Gallagher, “Massachusetts vs. Mar­riage,” Weekly Standard, December 1, 2003.

47. Lawlessness

366 “I will support a constitutional amendment”: Elisabeth Bumiller, “Marriage Amendment Backed,” New York Times, December 17, 2003.

366 But some conservatives, including those: Alan Cooperman, “Opponents of Gay Marriage Divided; At Issue Is Scope of an Amendment,” Washington Post, November 28, 2003.

366 looking ahead to a Constitutional Convention: Maurice T. Cunningham, “Cath­olics and the ConCon: The Church’s Response to the Massachusetts Gay Mar­riage Decision.” Journal of Church and State 47, no. 1 (2005): 19-42.

367 “If there’s a vote”: Karla Dial, “Battle Lines Redrawn in Massachusetts,” Citizen­Link, February 4, 2004.

367 “Bush never used the words”: David D. Kirkpatrick, “Conservative Groups Dif­fer on Bush Words on Marriage,” New York Times, January 22, 2004.

367 “Bush’s comments put ban”: Judy Holland, “Bush’s Comments Put Ban on Gay Marriage on Hold,” Hearst News Service, January 25, 2004.

367 The typically truculent Sandy Rios: Kirkpatrick, “Conservative Groups Differ.”

367 “He made the case”: Tom Strode, “Leaders Praise Bush Marriage Statement; Say More Is Needed,” Baptist Press, January 21, 2004.

367 When they met at the Family Research Council: David D. Kirkpatrick, “Conser­vatives Using Issue of Gay Unions as a Rallying Tool,” New York Times, Febru­ary 8, 2004.

368 Paul Weyrich challenged Rove: Mark Francis Cohen, “Hard Right,” Washingto­nian, April 2004.

368 Throughout the fall, Rove had: Sasha Issenberg, The Victory Lab: The Secret Science of Winning Campaigns (New York: Crown, 2012), 259.

368 Dean was the only governor: Thomas B. Edsall, “Gay Community Gave Dean Early Boost,” Washington Post, January 1, 2004.

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368 Into January, Rove was betting: Peter Baker, Days of Fire: Bush & Cheney in the White House (New York: Doubleday, 2013), 307.

368 Bush had already alienated: John Maggs, “Grover at the Gate,” National Journal, October 11, 2003.

369 “sooner rather than later”: Kirkpatrick, “Conservatives Using Issue of Gay Unions.”

369 When under consideration to be nominated: Baker, Days of Fire, 57.

369 Cheney felt free enough: Michael Cooper, “Cheney’s Marriage Remarks Irk Conservatives,” New York Times, October 10, 2000.

369 “We have, I reminded him”: Baker, Days of Fire, 310.

369 “activist judges insist on”: Associated Press, “Bush: Gay-Marriage Ruling ‘Deeply Troubling,’ ” February 5, 2004.

369 “separate is seldom, if ever”: Raphael Lewis, “SJC Affirms Gay Marriage,” Boston Globe, February 5, 2004.

369 The next week in Boston: Rick Klein, “House Speaker’s Gambit Sparked Anger, Furious Maneuvering,” Boston Globe, February 12, 2004.

370 On February 10, Mayor Gavin Newsom: Rachel Gordon, “The Battle over Same-Sex Marriage: Bush’s Stance Led Newsom to Take Action,” San Francisco Chronicle, February 15, 2004.

370 Newsom’s staff had timed: David Von Drehle and Alan Cooperman, “Same-Sex Marriage Vaulted into Spotlight,” Washington Post, March 8, 2004.

370 That would mean at least three: Rone Tempest, “A Nice Day for Gay Wed­dings,” Los Angeles Times, February 14, 2004.

370 Sixteen hundred couples were married: Rone Tempest, “SF’s Hero of the Moment,” Los Angeles Times, February 16, 2004.

370 shut down the enterprise: Bob Egelko, “Court Halts Gay Vows,” San Francisco Chronicle, March 12, 2004.

370 “going on the offensive today”: Harriet Chang, “S.F. Sues over Legality of Same-Sex Marriages,” San Francisco Chronicle, February 20, 2004.

371 Several of the group’s most visible: “Marriage Rally to Be Held at Statehouse,” Boston Pilot, January 30, 2004.

371 where they saw: Yvonne Abraham, “National and Local Lobbying Efforts Ratch­eted Up,” Boston Globe, February 11, 2004.

371 Media coverage preferred: Leigh Moscowitz, The Battle Over Marriage: Gay Rights Activism Through the Media (Urbana: University of Illinois Press, 2013), 1–3.

371 “I have watched carefully”: “President ‘Troubled’ by San Francisco’s Gay Mar­riages,” Associated Press, February 18, 2004.

371 On February 19, the clerk of Sandoval: Susan Montoya Bryan, “Same-Sex Couples Marry in Sandoval County,” Associated Press, February 20, 2004.

371 successfully halted Dunlap: Joshua Akers, “N.M. Same-Sex Marriages Off Again,” Albuquerque Journal, March 24, 2004.

371 The attorney general, Bill Lockyer: Edward Epstein, “Governor Fears Unrest Unless Same-Sex Marriages Are Halted; Schwarzenegger Voices Concern over Potential Civil Clashes in S.F.,” San Francisco Chronicle, February 23, 2004.

371 “We cannot have mayors”: Epstein, “Governor Fears Unrest.”

372 On February 24, Bush gave: Elisabeth Bumiller, “Bush Backs Ban in Constitu­tion on Gay Marriage,” New York Times, February 25, 2004.

373 “as a basic philosophical point”: Katherine Q. Seelye, “Conservatives Mobilize Against Ruling on Gay Marriage,” New York Times, November 20, 2003.

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373 “And it’s just traditional marriage”: David Persons, “Allard Stays Firm Against Same-Sex Marriage,” Fort Collins Coloradoan, December 3, 2003.

373 Musgrave had always insisted: Alan Cooperman, “Little Consensus on Marriage Amendment; Even Authors Disagree on the Meaning of Its Text,” Washington Post, February 14, 2004.

373 “couldn’t possibly have been”: Cooperman, “Little Consensus on Marriage Amendment.”

373 “We want to make it clear”: Mary Leonard, “Marriage Measure Is Revised.”

373 with Matt Daniels’s original vision: Jacob M. Schlesinger, “How Gay Marriage Thrust 2 Outsiders Onto Center Stage,” Wall Street Journal, February 23, 2004.

373 “reality set in”: Kirkpatrick, “Conservatives Using Issue of Gay Unions.”

374 Resigned to the fact: “Bringing the Fight Home,” Arlington Connection, March 2, 2004.

374 “I actually believe we would be”: Michael Farris, “Point: Against the Amend­ment,” World, May 22, 2004.

374 On March 29, its fourth day: Rick Klein, “Vote Ties Civil Unions to Gay-Marriage Ban,” Boston Globe, March 30, 2004.

374 “no matter what legislative action”: “Doubt Voiced on Gay Marriage Strategy,” Boston Globe, March 23, 2004.

374 As soon as the amendment passed: Klein, “Vote Ties Civil Unions.”

374 “made up their mind”: Frank Phillips, “Reilly Gives Governor a Hurdle,” Boston Globe, March 30, 2004.

374 “it is of no interest”: Rick Klein, “Romney Warns of ‘Legal Limbo,’ ” Boston Globe, February 14, 2004.

375 “abide by the law”: Raphael Lewis, “Gays Fear Fallout of San Francisco Rites,” Boston Globe, February 23, 2004.

375 One reveler’s sign: Joanna Weiss and Lisa Kocian, “Cambridge Plays Host to a Giant Celebration,” Boston Globe, May 17, 2004.

375 despite the police detail: Mary Breslauer, “In Praise of Those Who Led the Way for Same-Sex Marriage,” Vineyard (MA) Gazette, November 21, 2013.

375 supply Bonauto with tissues: William N. Eskridge, Jr. and Christopher R. Riano, Marriage Equality: From Outlaws to In-Laws (New Haven: Yale University Press, 2020), 236.

375 At the wedding of Julie and Hillary: Pam Belluck, “Hundreds of Same-Sex Cou­ples Wed in Massachusetts,” New York Times, May 18, 2004.

375 “I went to as many”: Chris Geidner, “How One Lawyer Turned the Idea of Mar­riage Equality into Reality,” BuzzFeed, November 17, 2013.

375 A week earlier, Romney had forewarned: Scott S. Greenberger and Yvonne Abraham, “Gay-Marriage Rule Eased; Romney Aide Says Clerks Have Discre­tion on Residency Proof,” Boston Globe, May 5, 2004.

375 a law largely ignored: Raphael Lewis, “Clerks Ask Ruling on Marriage Law; 1913, Rule May Affect Nuptials for Visitors,” Boston Globe, March 7, 2004.

375 Clerks would be expected: Michael Levenson, “Clerks in Tight Spot Politi­cally,” Boston Globe, May 17, 2004.

375 “the Las Vegas of same-sex marriage”: Pam Belluck, “Gays Elsewhere Eye Marriage Massachusetts Style,” New York Times, May 14, 2004.

376 especially the twelve that had never: “The Defense of Marriage Act,” PBS NewsHour, April 30, 2004.

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48. Issue One

377 signed twenty-five licenses: Nicole Sacks, “As New Paltz Goes . . . Mayor Jason West Brings Same-Sex Marriage to New York State,” Gay City News, March 4, 2004.

377 At a county building in Portland: David Austin, Tom Hallman, Jr., and Scott Learn, “The Marriage Brokers,” The Oregonian, March 7, 2004.

377 “laws are made to be broken”: Tatsha Robertson, “Civil Disobedience Adds to Battle over Same-Sex Marriage,” Boston Globe, March 15, 2004.

377 But in Massachusetts, town halls were: Emily Shorten, “Clerks in Suburbs Ready for May 17; Gay Marriages ‘Business as Usual,’ ” Boston Globe, May 13, 2004.

378 “first national meeting of its kind: Valerie Richardson, “Anti-Gay Rights Leaders Talk of Repeating 1993 Success,” Washington Times, May 19, 1994.

378 “toward hope and healing for homosexuals”: John W. Kennedy, “Ad Campaign Ignites Firestorm,” Christianity Today, September 7, 1998.

380 “It singles out one category”: Linda Vacariello, “That Was Then, This Is Now,” Cincinnati Magazine, May 2004.

380 he worked to enact a similar measure: “Taking the Initiative: Battles over Gay Rights Intensify in Ohio, Florida, Colorado and Oregon,” The Advocate, Octo­ber 5, 1993.

380 fighting for years against pornography: Mark Curnutte, “Moral Crusaders: Anti-Porn Group Widens Focus,” Cincinnati Enquirer, February 13, 1994.

380 In 1998, with all possible court challenges: Julie Irwin, “Law Denying Gay Pro­tection Stands,” Cincinnati Enquirer, October 14, 1998.

380 Luken’s push for repeal: Vacariello, “That Was Then, This Is Now.”

380 “Nothing has changed”: Lisa Cornwell, “Cincinnati Voters Deciding Fate of Ban on Gay Rights Laws,” Associated Press, October 25, 2004.

380 Burress, meanwhile, prepared to fight: Gregory Korte, “Gay Issue Foes’ Names Not Listed,” Cincinnati Enquirer, October 28, 2004.

380 “I do consider amending”: Amy McCullough, “Marriage Amendment in Works,” Cincinnati Enquirer, April 24, 2004.

381 A Columbus Dispatch poll taken: “Poll: Ohioans Oppose Gay Marriage by More Than 3-to-1 Margin,” Associated Press, April 6, 2004.

381 Burress had until early August: Alan Johnson, “Foes of Same-Sex Marriage Seek Vote,” Columbus Dispatch, July 19, 2004.

381 from half of the state’s eighty-eight counties: Mark Stricherz, “Marriage at the Polls,” Weekly Standard, August 30, 2004.

381 Ohio’s language went further: Daniel R. Pinello, America’s War on Same-Sex Cou­ples and their Families: And How the Courts Saved Them (New York: Cambridge Uni­versity Press, 2017), 36–37.

381 Opponents included many beyond: Sam Howe Verhovek, “Gay Marriage Ban Faces Some Unlikely Foes,” Los Angeles Times, October 31, 2004.

381 All three were opposed: Alan Johnson, “Gay-Marriage Ban; Issue 1 Wording Makes It Strictest,” Columbus Dispatch, October 11, 2004.

382 Frist pushed back a vote: David Freddoso, “No Vote Soon to Marriage Amend­ment,” Human Events, May 24, 2004.

382 full attention of Arlington Group members: Alan Cooperman and Thomas B.

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Edsall, “Evangelicals Say They Led the Charge for the GOP,” Washington Post, November 8, 2004.

382 “We were out-organized”: Alan Cooperman, “Gay Marriage Ban in Mo. May Resonate Nationwide,” Washington Post, August 5, 2004.

383 was sued in forty-two different: State ex Rel. Essig v. Blackwell, 103 Ohio St. 3d 481 (Ohio 2004).

383 petition signatures from seventy-eight thousand: Alan Johnson, “Foes of Same-Sex Marriage Seek Vote,” Columbus Dispatch, July 19, 2004.

383 shared the email addresses: Frances FitzGerald, The Evangelicals: The Struggle to Shape America (New York: Simon & Schuster, 2017), 502.

383 On Election Day, Burress saw his: Lucy May, “Issue 3 Opponent Makes Threat,” Cincinnati Business Courier, November 4, 2004.

383 The data pointing to this conclusion: Daniel A. Smith, Matthew DeSantis, and Jason Kassel, “Same-Sex Marriage Ballot Measures and the 2004 Presidential Election,” State & Local Government Review 38, no. 2 (2006): 78–91.

383 Bush had been reelected only: Michael Foust, “Did the Same-Sex ‘Marriage’ Issue Hand Bush a Victory in Ohio?” Baptist Press, November 4, 2004.

383 including thirty-nine thousand Amish: Robert Knight, “Ohio’s Faithful Chorus May Call the Tune on Election Day,” Townhall.com, November 5, 2012.

384 In September, two months after: Carolyn Lochhead, “GOP Urges a Vote on Same-Sex Marriage Ban—Some See It as Effort to Stress Gay Issues,” San Fran­cisco Chronicle, September 28, 2004.

384 But the results from the thirteen: James Dao, “After Victory, Crusader Against Same-Sex Marriage Thinks Big,” New York Times, November 26, 2004.

49. When You’re Living Through It

387 “little Paul Revere of marriage”: Lyn Stoesen, “Legal Activist: Gay Marriage Is Coming,” Washington Blade, December 8, 1994.

387 “Thirty years from now”: Evan Wolfson, Why Marriage Matters: America, Equality, and Gay People’s Right to Marry (New York: Simon & Schuster, 2004), 187.

387 conventional wisdom had begun to set in: Carolyn Lochhead, “Gay Marriage: Did Issue Help Re-elect Bush?” San Francisco Chronicle, November 4, 2004.

388 Public opinion on same-sex marriage: Pew Research Center, “Growing Public Support for Same-Sex Marriage,” February 16, 2012, www.pewresearch.org.

388 “moment of peril”: Evan Wolfson, “Marriage Equality and Some Lessons for the Scary Work of Winning,” Law & Sexuality: A Review of Lesbian, Gay, Bisexual and Transgender Legal Issues 14, no. 135 (2005).

389 “would not have come as soon as it did”: John Cloud, “2004 TIME 100: Evan Wolfson,” Time, April 26, 2004.

389 journalism anthology he had received: Reporting Civil Rights, Part One: American Journalism, 1941–1963 (New York: Library of America, 2003).

50. Paul Revere Rides In

390 “the images of marriage in society”: Nate Schweber, “Vows: Evan Wolfson and Cheng He,” New York Times, October 21, 2011.

390 acknowledge his sexuality: Carlos A. Ball, From the Closet to the Courtroom: Five LGBT Rights Lawsuits That Have Changed the Nation (Boston: Beacon Press, 2010), 158.

390 two years teaching: “From Peace Corps to Marriage Equality Advocate,” Peace Corps Times, 2013.

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390 “For gay women and men”: Evan Wolfson, “Samesex Marriage and Morality: The Human Rights Vision of the Constitution,” unpublished thesis, Harvard Law School, April 1983.

391 write the group’s amicus brief: Ellen Ann Anderson, Out of the Closets and into the Courts: Legal Opportunity Structure and Gay Rights Litigation (Ann Arbor: University of Michigan Press, 2005), 44.

391 picking up as many as twenty clients: Jim Merrett, “America’s Gay Legal Cru­saders,” The Advocate, January 29, 1991.

392 “the gold ring of marriage”: John M. Broder, “Groups Debate Slower Strategy on Gay Rights,” New York Times, December 9, 2004.

392 “I think it’s quite a conservative”: Peter Freiberg, “Movement to Legalize Gay Marriage Gathers Steam,” Washington Blade, November 8, 1991.

392 Lambda legal seemed to be the locus: Nancy D. Polikoff, “For the Sake of All Children: Opponents and Supporters of Same-Sex Marriage Both Miss the Mark,” New York City Law Review, 8, no 2 (2005), 594-98.

392 The man who in April 1989: Thomas B. Stoddard, “Gay Marriages: Make Them Legal,” New York Times, March 4, 1989.

393 staffers exploited the void: Thomas J. Jackson, “The Resignation of Thomas B. Stoddard,” New York Native, November 18, 1991.

393 job talk at the University of Hawaii: “University of Hawaii School of Law,” Lambda Update, Lambda Legal Defense and Education Fund, April 1992, 23.

394 lawsuit that attorney William Eskridge had filed: Patricia Gaines-Carter, “Legal Snag Keeps Gays from Tying the Knot,” Washington Post, December 6, 1990.

394 Stoddard’s doubts about attorney: Andrew Miller, “DC Marriage Lawsuit Irks Gay Attorneys,” Outweek, December 12, 1990.

394 lawsuit filed on behalf of a nineteen-year-old: Dale v. Boy Scouts of America, 160 N.J. 562.

395 the case won the attention of mainstream journalists: Joan Biskupic, “Hawaii Court Opens Way to Gay Marriages,” Washington Post, May 7, 1993.

395 coverage in the Washington Post and New York Times: Jeffrey Schmalz, “In Hawaii, Step Toward Legalized Gay Marriage,” New York Times, May 7, 1993.

395 “It’s an enormous step”: Bettina Boxall, “Hawaii Court Revives Suit on Gay Marriages,” Los Angeles Times, May 7, 1993.

395 By early 1993, both Stoddard and Ettelbrick: Chris Bull, “Tom Stoddard, Life After Lambda,” The Advocate, March 10, 1992.

395 “Whatever you thought before”: Chris Geidner, “Domestic Disturbance,” Metro Weekly, May 4, 2011.

396 on a study of marriage laws: Barbara J. Cox, “The Little Project: From Alter­native Families to Domestic Partnerships to Same-Sex Marriage,” Wisconsin Women’s Law Journal 15, no. 1 (Spring 2000), 84–85.

396 “Nongay Americans haven’t had to deal”: Evan Wolfson, “Altared States: Attor­ney Evan Wolfson Argues the Case for Marriage,” 10 Percent, May 1995.

397 announced by news reports days before: Dan Harrie, “Bill Drafted to Bolster Ban on Homosexual Marriages,” Salt Lake Tribune, February 9, 1995.

397 The bill passed the senate: “Utah Won’t Accept Same-Sex Marriages,” New York Times, March 3, 1995.

397 doubts about the legality of its late-night passage: Tony Semerad, “Ban on Gay Marriages to Be Annulled?” Salt Lake Tribune, May 3, 1995.

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398 backlash that might not have: Randy Frame, “Seeking a Right to the Rite,” Chris­tianity Today, March 4, 1996.

398 far more controversial than it looked: Linda Silberman, letter to the editor, New York Times, “Hawaii Decision on Gay Marriages Should Affect Only Hawaii,” April 11, 1996.

399 “When one wishes to assert”: International Council of Women and National Woman Suffrage Association (U.S.), Report of the International Council of Women: Assembled by the National Woman Suffrage Association, Washington, D.C., U.S. of America, March 25 to April 1, 1888 (Washington, DC: National Woman Suffrage Associa­tion, 1888).

399 quoted in an issue briefing: “Same-Sex Marriage: An Overview of the Issue,” House Republican Conference Issue Brief, U.S. House Republican Conference, June 10, 1996.

399 read aloud from Wolfson’s memo: U.S. Congress, House, Judiciary Committee, Constitution Subcommittee, hearing on the Defense of Marriage Act, May 16, 1996.

399 “The vision that I constantly think of”: Joe Morris, “Freedom to Marry Town Hall Mtg Draws Record Crowds,” San Diego Gay & Lesbian Times, January 23, 1996.

51. Speaking for the Silent Majority

401 “The very epi-center of gay activity”: John Paul Hudson, The Gay Insider, USA (New York: Stonewall Publishing, 1972).

401 West Hollywood was a 1.9-square-mile cluster: Tom Tugend, “Russians & Gays & Lesbians, Oh My . . . ,” Jewish Journal of Los Angeles, March 23, 2000.

401 When the five-person city council it elected: Robert Lindsey, “The Talk of West Hollywood; West Hollywood Acting on Pledges,” New York Times, March 19, 1985

401 That council had within months: Lindsey, “The Talk of West Hollywood.”

402 “responsible for each other’s welfare”: Rob Gurwitt, “ ‘Domestic Partners’: How Much Recognition?” Governing, October 1990.

402 applied to hospital and jail-visitation rights: Douglas NeJaime, “Before Mar­riage: the Unexplored History of Nonmarital Recognition and Its Relationship to Marriage,” California Law Review 102, no. 1 (February 2014): 119–21.

402 Established in the same year as the Stonewall: Nancy Wride, “Morris Kight, 83; Gay Rights Pioneer in the Southland,” Los Angeles Times, January 20, 2003.

403 “one of the primary testing grounds”: J. V. McAuley, “Wedding Row: Newly Formed Freedom to Marry Coalition Lobbies,” LA Weekly, June 30, 1995.

403 An agreement to coordinate future efforts: “Lambda, Other Groups Back ‘Right to Marry’ Resolution,” Bay Area Reporter, July 6, 1995.

404 self-described “gay liberationists”: Urvashi Vaid, Virtual Equality: The Main­streaming of Gay and Lesbian Liberation (New York: Doubleday, 1995), 196.

405 recent legal decisions bearing on recognition: Philip S. Gutis, “New York Court Defines Family to Include Homosexual Couples,” New York Times, July 7, 1989.

405 “Certainly since AIDS, to be gay”: Andrew Sullivan, “Here Comes the Groom: A (Conservative) Case for Gay Marriage,” New Republic, August 28, 1989.

405 a revisionist account of the Catholic Church’s relationship: John Boswell, Chris­tianity, Social Tolerance, and Homosexuality: Gay People in Western Europe from the

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Beginning of the Christian Era to the Fourteenth Century (Chicago: University of Chi­cago Press, 1981).

405 Boswell’s conclusion was that the church’s homophobia: Richard Hall, “John Boswell on Gay Tolerance and the Christian Tradition,” The Advocate, May 28, 1981.

406 Boswell died of AIDS: David W. Dunlap, “John E. Boswell, 47, Historian of Medieval Gay Culture, Dies,” New York Times, December 25, 1994.

406 had won him a sideline as model: Walter Kirn, “The Editor as Gap Model,” New York Times Magazine, March 7, 1993.

406 Members of the self-described direct-action group: Sara Warner, Acts of Gaiety: LGBT Performance and the Politics of Pleasure (Ann Arbor: University of Michigan Press, 2012), 94.

407 in which he continued his advocacy: Andrew Sullivan, Virtually Normal: An Argu­ment About Homosexuality (New York: Alfred A. Knopf, 1995).

407 two San Francisco lesbian activists in the group: Ryan Conrad, Against Equality: Queer Critiques of Gay Marriage, ed. Ryan Conrad (Lewiston, ME: Against Equal­ity Publishing Collective, 2010), 83–84.

407 “What a wonderful variety of relationships”: Kate Raphael and Deeg Gold, “Gay Marriage: Civil Right or Civil Wrong?” Lesbians and Gays Against Intervention (LaGAI) website, April 2004. Reproduced as “Marriage Is Still the Opiate of the Queers,” UltraViolet, April–May 2004.

408 urgency of protected unanticipated gains: Paula L. Ettelbrick, “Wedlock Alert: A Comment on Lesbian and Gay Family Recognition,” Journal of Law and Policy 5, no. 1 (1996), 109.

408 “We were immediately launched”: Chris Geidner, “Domestic Disturbance,” Metro Weekly, May 4, 2011.

52. Clear It with Evan

409 aided by a handful of lawyers: Thomas M. Keane, “Aloha, Marriage? Constitu­tional and Choice of Law Arguments for Recognition of Same-Sex Marriages.” Stanford Law Review 47, no. 3 (1995): 499–532.

410 “Now we’re at a real tug-of-war stage”: Bettina Boxall, “Hawaii Justices Open Door to Legalizing Gay Marriages,” Los Angeles Times, March 26, 1995.

410 championed domestic-partnership laws: Douglas NeJaime, “Before Marriage: the Unexplored History of Nonmarital Recognition and Its Relationship to Marriage,” California Law Review 102, no. 1 (February 2014): 128–29.

410 “You don’t build the penthouse”: David Link, “Gay Rites,” Reason, January 1996.

411 case to fight lewd-conduct laws: George E. Haggerty, Gay Histories and Cultures: An Encyclopedia, Volume 2 (London: Routledge, 1999), 538.

411 “We may leave the room”: Peter Freiberg, “Wolfson Leaves Lambda for Freedom-to-Marry Work,” Washington Blade, January 30, 2001.

412 “strongly recommended that people not file”: Lisa Keen, “Alaska Couple Chal­lenges State on Marriage License,” Washington Blade, August 11, 1995.

412 “I totally, personally, and deeply understand”: Lisa Keen, “Gay Couple Files Petition over Marriage License,” Washington Blade, April 5, 1996.

412 One year after Shawna Underwood: Jean Patteson, “Gay Couples Seek Benefits, Acceptance of Marriage,” Orlando Sentinel, September 19, 1993.

412 Days later, citing meetings: Debbie Salamone, “Same-Sex Marriage Suit to End;

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Two Orange County Women Will Drop Their Legal Action Because of a Simi­lar Suit in Hawaii,” Orlando Sentinel, September 9, 1994.

412 Similarly, Arizona plaintiffs who lost: Callender v. Corbett, No. 296666, at 3 (Ariz. Super. Ct. Apr. 13, 1994).

413 In the liberal college town they discovered: “Gay Couple’s Request for Marriage License Turned Down in Ithaca,” Associated Press, December 5, 1995.

413 “If they really want to go ahead”: David W. Dunlap, “For Better or Worse, a Marital Milestone,” New York Times, July 27, 1995.

413 used the press to describe: David W. Dunlap, “Ithaca Denies Gay Men a Mar­riage License,” New York Times, December 5, 1995.

414 “Part of me very much wants”: Dunlap, “For Better or Worse, a Marital Mile­stone.”

414 “I’m disappointed that these groups”: David W. Dunlap, “Ithaca Denies Gay Men a Marriage License,” New York Times, December 5, 1993.

414 An unrelated investigation by The Daily Oklahoman: Randy Ellis, “Exchange-Student Problems Bring Shake-Up,” The Daily Oklahoman, June 10, 2007.

414 “by far the most important positive ruling ever”: “Til Death Do Us Part: A Hawaii Court Upholds a Challenge to the Denial of Same-Sex Marriages,” The Advocate, June 15, 1993.

415 Lambda’s own analysis showed: Lisa Keen, “Alaska Couple Challenges State on Marriage License,” Washington Blade, August 11, 1995.

415 Brause and Dugan moved ahead: Brause v. State, 21 P.3d 357.

415 polling showed his side losing: “Voters strongly oppose gay unions,” Honolulu Star-Bulletin, February 24, 1997.

416 National polls showed that they had lost: “Public Opinion on Gay Marriage: Op­ponents Consistently Outnumber Supporters,” Pew Research Center, August 9, 2009. www.pewresearch.org.

53. Organization Man

417 In 2000, the National Law Journal named: “The 100 Most Influential Lawyers in America,” National Law Journal, June 7, 2000.

417 When Hawaii officials stayed: Ken Kobayashi, “State to Challenge Ruling,” Hono­lulu Advertiser, December 4, 1996.

417 The Boy Scouts asked the Supreme Court: Boy Scouts of America v. Dale, 530 US 640.

418 Wolfson had spent the day flirting: Joyce Murdoch and Deb Price, Courting Jus­tice: Gay Men and Lesbians v. the Supreme Court (New York: Basic Books, 2001), 502.

418 After the justices ruled that Georgia: Bowers v. Hardwick, 478 US 186.

418 “I swore I would not”: Joyce Murdoch and Deb Price, Courting Justice: Gay Men and Lesbians v. the Supreme Court (New York: Basic Books, 2001), 502.

418 “Is the best that you could”: Boy Scouts of America v. Dale, 530 US 640, transcript of oral argument.

418 The state planned to begin: Carey Goldberg, “Vermont Gives Final Approval to Same-Sex Unions,” New York Times, April 26, 2000.

419 “two major pieces of my work coming”: Laura Kiritsy, “Evan Wolfson, Leader in Same-Sex Marriage Battle, Says He Is Leaving Lambda,” Bay Windows, March 29, 2001.

419 the Supreme Court ruled five-to-four: Boy Scouts of America v. Dale, 530 US 640.

419 “By fighting, by engaging”: Murdoch and Price, Courting Justice, 516.

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419 “I really felt then that”: Kiritsy, “Evan Wolfson, Leader in Same-Sex Marriage Battle.”

419 Wolfson would continue to fantasize: Evan Wolfson, “. . . Domestically Attached,” The Advocate, October 14, 1997.

419 “I’ve always really been very deeply impressed”: Kiritsy, “Evan Wolfson, Leader in Same-Sex Marriage Battle.”

420 The wave of mini-DOMAs enacted: Kenneth Jost, “Gay Marriage,” CQ Researcher, September 5, 2003.

420 In 1997, California state senator Pete Knight: Mark Newton, “States Resist­ing Same-Sex Marriages,” Cal State Long Beach On-Line Forty-Niner, March 15, 1999.

420 decided to go instead: Kenneth P. Miller, Direct Democracy and the Courts (Cam­bridge, UK: Cambridge University Press, 2009), 4.

420 Knight’s one-sentence Proposition 22 qualified: Judy Mann, “From California, a Proposal on Gay Marriage,” Washington Post, December 22, 1999.

420 The state’s Democratic establishment was almost uniformly: Thomas D. Elias, “Gay ‘Marriage’ Initiative Splits GOP in California,” Washington Times, March 6, 2000.

420 The Nebraska Family Council began collecting: Jeremy Quittner, “Taking Ini­tiatives,” The Advocate, October 10, 2000.

420 served as a campus coordinator: James Lebovitz, “Campus Registration Drive Draws Big Student Turnout,” Yale Daily News, October 21, 1976.

420 “what was probably the largest leaflet”: “Carter Supporters Here Plan Registra­tion Drive,” Yale Daily News, September 29, 1976.

421 As a graduate student teaching political philosophy: Yale University, Five Years Out: Class Directory, 1978–1983, 137.

421 “I think anyone who knows me”: Kiritsy, “Evan Wolfson, Leader in Same-Sex Marriage Battle.”

54. Mining the Foundations

422 “liberated to bring people together”: Laura Kiritsy, “Evan Wolfson, Leader in Same-Sex Marriage Battle, Says He Is Leaving Lambda,” Bay Windows, March 29, 2001.

422 a family foundation sustained by the wealth: Joe Garofoli, “S.F. Foundation Sup­ported Gay Marriage Long Before It Was Cool,” San Francisco Chronicle, June 28, 2015.

422 “Inconceivable as it may seem”: Jeremy Quittner, “Scouting for Marriage Rights,” The Advocate, May 22, 2001.

422 “the earth moved”: Evan Wolfson, “The Freedom to Marry: Our Struggle for the Map of the Country,” Quinnipiac Law Review 16, no. 1–2 (Spring & Summer 1996): 209–16.

423 “Marriage is about more”: Mubarak Dahir, “Marriage on His Mind,” The Advo­cate, June 26, 2003.

423 The Campaign for Military Service had also been conceived: Jeffrey Schmalz, “Gay Groups Regrouping for War on Military Ban,” New York Times, February 7, 1993.

423 “stirred up turf battles and grumbling”: Bettina Boxall, “L.A.’s New Gay Muscle; with Big Bucks and Connections, the Local Gay Community Is Changing Poli­tics Nationwide,” Los Angeles Times, March 28, 1993.

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424 Among observers of gay politics: Jeffrey Schmalz, “Split on Gay Tactics for Mili­tary Ban,” New York Times, May 23, 1993.

424 “Unlike the gays-in-the-military fiasco”: Marvin Liebman, “Are We Ready for Our Most Important Battle?” Bay Windows, January 1995.

426 “explore the next steps”: Kiritsy, “Evan Wolfson, Leader in Same-Sex Marriage Battle.”

426 The institution was in a period: Julian Guthrie, “The Haas Legacy: How One Family’s Generosity and Commitment to Civic Life Are Transforming the Bay Area,” San Francisco Chronicle, July 1, 2007.

55. Outgiving

427 It would be more than a decade: James B. Stewart, “Among Gay C.E.O.s, the Pressure to Conform,” New York Times, June 27, 2014.

427 James Hormel was an heir: C. W. Nevius, “James Hormel to Be Honored as Early Hero of Gay Rights,” San Francisco Chronicle, March 4, 2016.

427 Fred Hochberg to the Lillian Vernon mail-order: Fred Hochberg, “On the Pass­ing of My Mother, Lillian Vernon,” Huffington Post, December 22, 2015.

427 Henry van Ameringen to the New York–based chemical: “H. van Ameringen, Philanthropist, 95,” New York Times, May 6, 1996.

427 Ellen Malcolm became an influential: Amanda Spake, “Women Can Be Power Brokers, Too,” Washington Post, June 5, 1988.

427 at crucial moments, Martin Luther King Jr.: David J. Garrow, Bearing the Cross: Martin Luther King, Jr., and the Southern Christian Leadership Conference (New York: William Morrow & Company, 1986), 197, 219.

428 a plastic surgeon’s son: Chris LaMonte, “Tim Gill,” Westword, January 29, 1998.

428 The closest thing Tim Gill had had to an inheritance: Joshua Green, “America’s Gay Corporate Warrior Wants to Bring Full Equality to Red States,” Bloomberg Businessweek, April 24, 2015.

428 “I didn’t realize that I was rich”: LaMonte, “Tim Gill.”

428 polls had shown it likely to lose: Dirk Johnson, “Colorado Homosexuals Feel Betrayed,” New York Times, November 8, 1992.

428 “Everyone has the right”: Green, “America’s Gay Corporate Warrior.”

428 whose software was used largely: Roy Ahn, “Evolution of the Gill Foundation,” Harvard Kennedy School Case Study, HKS No, 1717.1 (Cambridge, MA: Har­vard Kennedy School, 2004).

428 When he was informed that Sports Illustrated: Sally Ruth Bourrie, “Quintessen­tially Quark: Tim Gill,” Colorado Business, September 1993.

429 On the same day New York City mayor David Dinkins: “New York City Mayor Urges Travel Boycott of Colorado,” Associated Press, December 9, 1992.

429 Gill pledged $1 million: “Quark Chairman Gives $1M for Gay Rights Fight,” Newsbytes, December 11, 1992.

429 “That makes it much harder”: Bourrie, “Quintessentially Quark: Tim Gill.”

429 His mid-five-figure check to the anti–Amendment 2 effort: Ray Flack, “Gay Rights Group Lists Funds Raised to Fight Amendment 2—Organization Files Late but Pays Fine,” Colorado Springs Gazette Telegraph, August 7, 1992.

429 Furthermore, Gill lacked a method: Ahn, “Evolution of the Gill Foundation.”

429 the next year, she had organized: Rosemary Harris, “Minority Coalition Sets Agenda for Unity Rally,” Colorado Springs Gazette, September 5, 1993.

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430 “What the Gill Foundation is attempting”: Valerie Richardson, “Money Can Buy You Love,” Philanthropy Roundtable, October 2000.

430 “Tim went from being”: Ahn, “Evolution of the Gill Foundation.”

430 Gill would back organizations: Gill Foundation, Shift: The Direction of New Phi­lanthropy, 1999 Annual Report (Denver: Gill Foundation, 1999).

431 open to any gay donor: Doug Ireland, “Rebuilding the Gay Movement,” The Nation, July 12, 1999.

56. Clarity of Coalition

432 First Gill committed to leaving: Jim Hopkins, “Quark Founder Becomes Philan­thropist,” USA Today, August 15, 2001.

432 In 1999, when he had the chance: Andy Kroll, “How Tim Gill Turned His For­tune into a Powerful Force for LGBTQ Rights,” Rolling Stone, June 23, 2017.

432 the next spring, the NASDAQ: Ben Geier, “What Did We Learn from the Dotcom Stock Bubble of 2000?” Time, March 12, 2015.

432 “the nation’s leading philanthropist”: Hopkins, “Quark Founder Becomes Phi­lanthropist.”

432 “the mostly young staff of 35 looks”: Valerie Richardson, “Money Can Buy You Love,” Philanthropy Roundtable, October 2000.

432 He seeded the operation: Roy Ahn, “Evolution of the Gill Foundation,” Harvard Kennedy School Case Study, HKS No, 1717.1 (Cambridge, MA: Harvard Ken­nedy School, 2004).

433 “terrible libertarian tendencies”: Robert Frank, Richistan: A Journey Through the American Wealth Boom and the Lives of the New Rich (New York: Crown Business, 2007), 196.

435 Yet profiling gay voters: Sasha Issenberg, The Victory Lab: The Secret Science of Win­ning Campaigns (New York: Crown, 2012), 294.

435 giving out one-fifth of the country’s total: Richardson, “Money Can Buy You Love.”

435 Gill took an interest in its electoral politics: Colleen O’Connor, “Who Is the Real Tim Gill?” Denver Post, December 12, 2004.

435 “I wouldn’t, for example, be able”: Stuart Steers, “The Gang of Four,” 5280, May 2005.

435 “Our idea was, let’s find the good”: Frank, Richistan, 196.

436 In 1996, as a Colorado legislator: Thomas Frank, “Veto of Same-Sex Marriage Ban Backfires; Romer Alienates Both Sides,” Denver Post, March 27, 1996.

436 “Marilyn Musgrave started on the school board”: Frank, Richistan, 196.

436 Gill was invited by Rutt Bridges: Steers, “The Gang of Four.”

437 The ads were savage: David Kelly, “Aggressive TV Ads Enrage Colorado GOP,” Los Angeles Times, October 1, 2004.

437 The name of the entity: Colleen O’Connor, “Who Is the Real Tim Gill?”

438 “a better world”: Gill Foundation, Shift: The Direction of New Philanthropy, 1999 Annual Report (Denver: Gill Foundation, 1999).

439 The millionaires’ Colorado plan had gone: Steers, “The Gang of Four.”

439 “We are finally realizing that how we win”: Bob Roehr, “The Gill Action Fund: Serious LGBT politics,” Bay Area Reporter, March 29, 2006.

440 a former Massachusetts legislator whose appointment: Chris Bull, “Taking Over the Hot Seat,” The Advocate, January 7, 2004.

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440 left her post amid internal rancor: Alan Cooperman, “Philosophical Clashes Cited as Chief Quits Gay Rights Group,” Washington Post, December 1, 2004.

440 how aggressively to invest: Yvonne Abraham, “Gay Rights Activists Split over Taking Softer Course,” Boston Globe, December 13, 2004.

440 “Jacques was head of the HRC”: Stefen Styrsky, “Jacques to Leave Helm of HRC,” Gay City News, December 2, 2004.

441 “we need to reintroduce ourselves”: John M. Broder, “Groups Debate Slower Strategy on Gay Rights,” New York Times, December 9, 2004.

441 with “different approaches, different tactics”: Nathaniel Frank, Awakening: How Gays and Lesbians Brought Marriage Equality to America (Cambridge, MA: Belknap Press of Harvard University, 2017), 166.

441 “This election may have shown”: Hilary Rosen, “Paving the Middle Road of Civil Unions Is Not Caving In,” The Advocate, December 7, 2004.

441 The Human Rights Campaign remained the biggest: Sarah Wildman, “Tough Times at HRC,” The Advocate, March 29, 2005.

441 Jonathan Lewis, a major Democratic donor: Kerry Eleveld, Don’t Tell Me to Wait: How the Fight for Gay Rights Changed America and Transformed Obama’s Presidency (New York: Basic Books, 2015), 38.

441 As the AIDS activist and playwright Larry Kramer: Wildman, “Tough Times at HRC.”

57. After the Bloodbath

443 starting his law career: Carlos A. Ball, From the Closet to the Courtroom: Five LGBT Rights Lawsuits That Have Changed Our Nation (Boston: Beacon Press, 2010), 106–9.

444 His 1996 book: Matthew A. Coles, Try This at Home! A Do-It-Yourself Guide to Win­ning Gay and Lesbian Civil Rights Policy: An ACLU Guidebook (New York: New Press, 1996).

444 conduct ten focus groups: Nan D. Hunter, “Varieties of Constitutional Experi­ence: Democracy and the Marriage Equality Campaign ,” UCLA Law Review 64, no. 6 (December 2017): 1685–86.

445 In Oregon, the plaintiffs included: Arthur S. Leonard, “Oregon Court Recog­nizes Gay Marriages,” Gay City News, April 22, 2004.

445 in New York, they were those who: “Throngs at City Hall Seek Marriage Licenses,” Gay City News, March 4, 2004.

446 “Most of the folks in these two groups”: Matt Coles, “The Plan to Win Mar­riage,” in Love Unites Us: Winning the Freedom to Marry in America, ed. Kevin M. Cathcart and Leslie J. Gabel-Brett (New York: The New Press, 2016), 104.

58. Punish the Wicked

452 “viewed politics as evil and dirty”: Robert Frank, Richistan: A Journey Through the American Wealth Boom and the Lives of the New Rich (New York: Crown Business, 2007), 197.

452 After the Gang of Four helped flip: Stuart Steers, “The Gang of Four,” 5280, May 2005.

452 Ted Trimpa worked with Democratic legislative leaders: Bob Roehr, “The Gill Action Fund: Serious LGBT Politics,” Bay Area Reporter, March 29, 2006.

452 could make a show of vetoing: Mark P. Couch, “Owens Vetoes Bill for Gays on the Job,” Denver Post, May 21, 2005.

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452 while letting the hate-crimes provision: “Gov. Owens Wields a Busy, Fair Veto Pen,” Denver Post, June 3, 2005.

452 All those who answered: John Cloud, “The Gay Mafia That’s Redefining Liberal Politics,” Time, October 31, 2008.

453 “the gay I.R.S.”: Cloud, “The Gay Mafia.”

453 after one of its own 2005 surveys: Proteus Fund, Hearts & Minds: The Untold Story of How Philanthropy and the Civil Marriage Collaborative Helped America Embrace Marriage Equality (Amherst, MA: Proteus Fund, 2015), 8.

454 he could boast that his group: E. J. Graff, “Marital Blitz,” American Prospect, Feb­ruary 20, 2006.

455 “The strategic piece of the puzzle”: Joshua Green, “They Won’t Know What Hit Them,” The Atlantic, March 2007.

455 Gill made plans to launch: Eric Gorski, “Benefactor’s Group to Fight Effort to Ban Gay Marriage,” Denver Post, December 6, 2005.

456 group faced its biggest-ever crisis: Michael Sokolove, “Can This Marriage Be Saved?” New York Times Magazine, April 11, 2004.

456 Guerriero decided to go public: Rick Klein and Mary Leonard, “Republi­can Gay Rights Group Hits Bush, Romney Stances,” Boston Globe, March 11, 2004.

456 “fair-minded Republican allies”: Johanna Neuman, “Gay GOP Group Won’t Endorse Bush Reelection,” Los Angeles Times, September 8, 2004.

456 Bill Smith was a native Alabamian: Bill Smith, “Bill Smith on Political Opera­tions in the Fight to Win the Freedom to Marry: The Freedom to Marry Oral History Project” conducted by Martin Meeker in 2015, Oral History Center, The Bancroft Library, University of California, Berkeley, 2017.

457 in 1988, Massachusetts governor Mike Dukakis had turned away: David Mixner, Stranger Among Friends (New York: Bantam Books, 1996), 201.

458 Bill Clinton had cultivated gay donors: Peg Byron, “Meet Mixner the Fixer,” Out, September 1992.

458 gay money had come to be seen: Melanie Mason, Matea Gold, and Joseph Tan­fani, “Gay Political Donors Move from Margins to Mainstream,” Los Angeles Times, May 13, 2012.

458 “One of the problems with Tim’s strategy”: Green, “They Won’t Know What Hit Them.”

458 Just ahead of state elections the previous November: Cloud, “The Gay Mafia.”

459 had sued the Polk County recorder: Camilla Taylor, “ ‘Our Liberties We Prize’ ”: Winning Marriage in Iowa,” in Love Unites Us: Winning the Freedom to Marry in America, ed. Kevin M. Cathcart and Leslie J. Gabel-Brett (New York: The New Press, 2016), 131–41.

459 Already state judges had in 2005 rejected: Paul Brennan, “How a Divorce Helped Kick-Start Marriage Equality in Iowa,” Little Village Magazine, March 4, 2019.

459 prevent a district judge from dissolving: Kathleen Burge, “Iowa Judge Causes Stir in Granting Gay Divorce,” Boston Globe, December 13, 2003.

459 Some of those legislators: Tom Witosky and Marc Hansen, Equal Before the Law (Iowa City: University of Iowa Press, 2015), 95–99.

460 “driven, cycle to cycle”: Green, “They Won’t Know What Hit Them.”

460 A few weeks after the election: Green, “They Won’t Know What Hit Them.”

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59. Let California Ring

463 stuck to an incrementalist track: Scott L. Cummings and Douglas NeJaime, “Lawyering for Marriage Equality,” UCLA Law Review, Vol. 57, 1258–60.

463 “all but marriage”: Evan Wolfson, “Marriage Equality and Some Lessons for the Scary Work of Winning,” Law & Sexuality: A Review of Lesbian, Gay, Bisexual and Transgender Legal Issues 14, no. 135 (2005).

463 By early 2004, a California domestic partnership: E. J. Graff, “Marital Blitz,” American Prospect, February 20, 2006.

463 self-styled champion of gay rights: Joe Mathews, Peter Nicholas, and Nancy Vogel, “Governor Says Law Permitting Gay Marriage Would Be ‘Fine,’ ” Los Angeles Times, March 2, 2004.

463 But as a marriage bill moved through: Joe Dignan, “Marriage Bill Teeters in California—Vote on Measure Open until Friday in Gay-Friendly Assembly, but Tally Six Votes Shy,” Gay City News, June 2, 2005.

463 He ultimately issued a veto: Michael Finnegan and Maura Dolan, “Citing Prop. 22, Gov. Rejects Gay Marriage Bill,” Los Angeles Times, September 8, 2005.

464 “You are holding up history”: Joe Dignan, “Arnold Says No to Gay Marriage—Schwarzenegger Vows to Veto Historic Law Passed by Legislature,” Gay City News, September 8, 2005.

464 Already views on the matter appeared: Finnegan and Dolan, “Citing Prop. 22, Gov. Rejects Gay Marriage Bill.”

464 “an ambitious, affirmative public education campaign”: Freedom to Marry, 2006 Annual Report (New York: Freedom to Marry, 2006), 5.

466 “It’s putting the people we’re trying to talk to”: Jesse Hamlin, “TV Ad Cam­paign Attempts to Sway the Undecided on Same-Sex Marriage,” San Francisco Chronicle, October 9, 2007.

466 “respectful debate”: Nancy Vogel, “Same-Sex Unions OKd by Assembly,” Los Angeles Times, June 6, 2007.

466 “We’re trying to create favorable conditions”: Bill Ainsworth, “New Year, Old Debate over Gay Marriage,” San Diego Union-Tribune, December 26, 2006.

466 “could well be the Gettysburg”: Freedom to Marry, 1996 Annual Report, 3.

60. It Came from San Diego

469 When Governor Arnold Schwarzenegger vetoed: Steve Lawrence, “Schwar­zenegger Vetoes Gay Marriage Bill Again,” Associated Press, October 12, 2007.

469 designated by Mormon and Roman Catholic: Gregory A. Prince, Gay Rights and the Mormon Church: Intended Actions, Unintended Consequences (Salt Lake City: Uni­versity of Utah Press, 2019), 72–82.

469 Their local partner: Jennifer Warren, “Initiative Divides a Family,” Los Angeles Times, November 24, 1999.

469 The so-called Knight Initiative: Jennifer Warren, “Initiative Divides a Family,” Los Angeles Times, November 24, 1999.

470 It was, Thomasson said upon passage: Bob Egelko, “Davis to OK Rights for Same-Sex Couples,” San Francisco Chronicle, August 17, 2003.

470 “It is in the child’s best interest”: Pauline J. Chang, “Californians Get Two Shots at Protecting Marriage,” Christian Post, August 19, 2005.

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470 Project Marriage claimed: Lisa Leff, “Gay Marriage Opponents Shift Focus to November Election or Beyond,” Associated Press, December 28, 2005.

470 The divide between a sweeping amendment: Chang, “Californians Get Two Shots at Protecting Marriage.”

471 Within a day: Harriet Chang, “S.F. Sues over Legality of Same-Sex Marriages,” San Francisco Chronicle, February 20, 2004.

471 It took nearly a month: Bob Egelko, “Court Halts Gay Vows,” San Francisco Chronicle, March 12, 2004.

471 While the California Supreme Court: Egelko, “Court Halts Gay Vows.”

471 led the challenge with suppor: Scott L. Cummings and Douglas NeJaime, “Law­yering for Marriage Equality,” UCLA Law Review 57, 1281–93.

471 The existing law: In re Marriage Cases, 43 Cal.4th 757.

472 As the court’s September 26 filing deadline: Matthew S. Bajko, “Political Note­book: SD Council Deadlocks on Marriage Case,” Bay Area Reporter, September 6, 2007.

472 But as the draft: Michael Smolens, “Column: In once-red San Diego County, Republicans are searching for way to reverse blue wave,” Los Angeles Times, De­cember 24, 2018.

472 Debate ended in a four–four tie: Jennifer Vigil, “Council Splits on Gay-Marriage Motion,” San Diego Union-Tribune, September 5, 2007.

472 “I think we at least”: “City Council Declines to Sign On to Gay-Marriage Court Brief,” Sign On San Diego, September 4, 2007.

61. Little Kingdoms

473 Yet he saw many faces: Lynn Vincent, “The Gay Point of View,” World Magazine, November 4, 2008

474 When the city council reconvened: Jennifer Vigil, “Gay Marriage Backed—Council Oks Measure, Sanders Promises Veto,” San Diego Union-Tribune, Sep­tember 19, 2007.

474 While the two-week delay: Vigil, “Gay Marriage Backed.”

474 “My opinions on this issue”: Jennifer Vigil, “Mayor Reverses on Gay Marriage,” San Diego Union-Tribune, September 19, 2007.

474 Sanders credited the influence: Allison Hoffman, “Citing Daughter’s Sexual Orientation, US Mayor Recants Disdain for Gay Marriage,” Associated Press, September 20, 2007.

474 According to local press: Jennifer Vigil, “Sanders Changes Mind on Gay Mar­riage; Mayor Supports Effort to Overturn State Ban,” San Diego Union-Tribune, September 20, 2007.

475 Footage of his remarks: Freedom to Marry, 2007 Annual Report (New York: Free­dom to Marry, 2007), 15.

475 “It humanized him”: Chris Reed, “Gay Marriage: Jerry Pulls the Old Switch­eroo,” San Diego Union-Tribune, September 19, 2009.

475 As he formally announced: Matthew T. Hall and Jennifer Vigil, “Sanders Makes It Official: He’ll Run—Fallout Unclear from Gay-Marriage Switch,” San Diego Union-Tribune, September 21, 2007.

475 But to see their Republican: Liz Neely, “Sanders Hears It from Republicans; Politicians Say They Were Duped on Gay Marriage,” San Diego Union-Tribune, September 26, 2007.

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475 “That really woke some folks up”: Lynn Vincent, “The Power of Three,” World Magazine, July 26, 2008.

475 In 2003, a group of pastors: Sandi Dolbee, “Mission Will Be His Fourth S.C. Revival, San Diego Union-Tribune, January 10, 2003.

475 four-day mission: Erin Curry, “Mission San Diego with Billy Graham Marks 413th Crusade in Half Century,” Baptist Press, May 8, 2003.

475 final visit to the region: Steve Hymon, “Faithful Are Expected to Flock to Evan­gelist’s San Diego Visit,” Los Angeles Times, May 3, 2003.

475 “During the civil-rights movement”: Daniel E. Kennedy, “Billy Graham Crusade Marked by Historic Show of Unity in San Diego,” Charisma Magazine, July 31, 2003.

475 For Graham’s 2003 visit: William Lobdell, “Old School Religion: 50 Years Later, Graham Is Still Drawing Crowds,” Los Angeles Times, May 11, 2003.

475 Five months later: Nick Carbone, “Top 10 Devastating Wildfires,” Time, June 8, 2011.

476 Jim Garlow, a part-time radio host: Vincent, “The Power of Three.”

476 In 2004, they rallied: “Court Rules City Owns Mount Soledad Parcel,” Sign On San Diego, October 12, 2004.

476 The first time Garlow heard it: Jim Garlow, “Reformation of Marriage,” in The Reformer’s Pledge, compiled by Ché Ahn (Shippensburg, PA: Destiny Image Pub­lishers, 2010).

477 Garlow took his seat: Vincent, “The Power of Three.”

62. God’s Way of Bringing People Together

478 met Clark and Garlow: Caz Taylor, “Attorney Charles LiMandri Practices Law in the Spirit,” Good News, etc., December 2007.

478 LiMandri argued the case: Joan Frawley Desmond, “Charles LiMandri: Lawyer on the Front Lines of the Culture Wars,” National Catholic Register, August 12, 2013.

478 The matter was effectively settled: Alison St. John, “President Bush to Sign Mt. Soledad Cross Legislation,” KPBS, August 14, 2006.

478 Despite his standing: “Family Planning: A Priest’s Perspective,” Southern Voice, October 11, 2007.

478 All were part of: Maria L. La Ganga, “In Tolerant San Francisco, Prop. 8 Backer to Head Catholic Church,” Los Angeles Times, September 22, 2012.

478 Just weeks earlier: Randal C. Archibald, “San Diego Diocese Settles Lawsuit for $200 Million,” New York Times, September 8, 2007.

478 Bishop Robert Brom announced: Sandi Dolbee and Mark Sauer, “Settled: $198 Million; Victims Tearful, Elated After Deal with Diocese,” San Diego Union-Tribune, September 8, 2007.

479 Brom’s public apology: Tony Perry, “Orange County Auxiliary Bishop Named Catholic Bishop of San Diego,” Los Angeles Times, January 4, 2012.

479 Almost immediately: Aubrey Hanson and Cyril Jones-Kellett, “Diocese Settles 144 Abuse Lawsuits for $198 Million,” Southern Cross, September 13, 2007.

479 Within weeks: “The Southern Cross Cuts Issues and Staff, Moves Towards Web,” Southern Cross, November 21, 2007.

479 Trained in canon law: “Bishop Cordileone: From His Earliest Years,” Catholic Voice, May 11, 2009.

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479 In 2002, Brom named: Alexa Capeloto, “S.D.’S Auxiliary Bishop to Get Post in Oakland,” San Diego Union-Tribune, March 24, 2009.

479 An auxiliary bishop: “Meet Bishop Cordileone. Why Is He an Example for Catholic Lay Leaders?” Catholic Business Journal, August 12, 2009.

480 When 189 American bishops gathered: David D. Kirkpatrick and Laurie Good­stein, “Group of Bishops Using Influence to Oppose Kerry,” New York Times, October 12, 2004.

480 “Not all the American bishops”: John L. Allen Jr., “The Word from Rome,” National Catholic Reporter, June 11, 2004.

480 In 1962, a liberal: Daniel K. Williams, Defenders of the Unborn (Oxford, UK: Oxford University Press, 2005), 47.

481 “Despite its professed interest”: Williams, Defenders of the Unborn, 84.

481 “Unfortunately, all of these social forces”: Thomas J. McKenna, interview with Salvatore Cordileone, Catholic Action Insight, March 12, 2012, www.catholic action .org.

481 “We can see what uniquely defines”: McKenna, interview with Salvatore Cordileone.

481 Shortly after being installed: Larry B. Stammer and John M. Glionna, “Pope Names New S.F. Archbishop,” Los Angeles Times, December 16, 2005.

481 George Niederauer had chosen: Peggy Fletcher Stack, “Big Year for the Arch­bishop,” Salt Lake Tribune, March 10, 2007.

481 A film buff: Stack, “Big Year for the Archbishop.”

482 Even the other members: La Ganga, “In Tolerant San Francisco.”

482 “The ship is sinking”: La Ganga, “In Tolerant San Francisco.”

482 “Both the evangelical pastors”: McKenna, interview with Salvatore Cordileone.

63. Nassau Street

484 Attempting to rally: Emily Goodin, “Downright Secretive,” National Journal, March 31, 2007.

484 they were paralyzed: Scott Helman, “Coalition Seeks to Reframe GOP Race,” Boston Globe, March 25, 2007.

484 “We hope to convince”: Jim Geraghty, “The Scoop on Fred and the Arlington Group,” National Review, September 5, 2007.

485 When she had gone: Laura Kiritsy, “Same-Sex Marriage Opponents to Host Rallies Across Mass,” Bay Windows, January 22, 2004.

485 first-time traditionalists had lost: Amy L. Stone, Gay Rights at the Ballot Box (Min­neapolis: University of Minnesota Press, 2012), 136-37.

485 On the school’s faculty: J. I. Merritt, “Heretic in the Temple,” Princeton Alumni Weekly, October 8, 2003.

485 Throughout the nineteenth century: Frances FitzGerald, The Evangelicals: The Struggle to Shape America (New York: Simon & Schuster, 2017), 73–74.

485 But George’s intellectual stature: Max Blumenthal, “Princeton Tilts Right: Rob­ert George, the Conservative Movement’s Favorite Professor, Exerts His Influ­ence,” The Nation, February 23, 2006.

485 His James Madison Program: Deborah Yaffe, “A Conservative Think Tank with Many Princeton Ties: The Low-Profile Witherspoon Institute Has Strong Links to the Madison Program,” Princeton Alumni Weekly, July 16, 2008.

486 In December 2004: Marriage and the Public Good: Ten Principles (Princeton, NJ: The Witherspoon Institute, 2008).

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486 As George and Gallagher filed: “Marriage Warriors,” National Journal, Octo­ber 20, 2007.

486 Luis Tellez: Deborah Kovach, “Princeton Catholics Divided; Opus Dei Leaves Liberals Worried,” Trenton Times, October 22, 1989.

486 The inclusion of: Braley Dodson, “Matthew Holland’s BYU Colleagues Recall His Hard Work Ethic and Intramural Basketball Prowess,” Daily Herald, April 29, 2018.

486 It was so singular in that focus: Jennifer Medina, “Gay Marriage Suit Pushes Connecticut into New Terrain,” New York Times, May 13, 2007.

486 Then, when in Hartford: Daniela Altimari, “Crowds Jam Gay Marriage Hear­ing,” Hartford Courant, March 27, 2007.

487 With Brown as its executive director: “Brian Brown Taking on a National Role,” Connecticut Law Tribune, July 16, 2007.

487 Their initial strategy: Joshua Green, “They Won’t Know What Hit Them,” The Atlantic, March 2007.

487 The prior month: Paul Schindler, “New York State Assembly Approves Gay Marriage Law,” Gay City News, June 19, 2007.

487 In fact, there was only one: David Crary, “U.S. Gay-Rights Groups Heartened by Political Gains in the States,” Associated Press, June 18, 2007.

487 The previous fall: Arthur S. Leonard, “New Jersey Supreme Court Says Same-Sex Couples Are Constitutionally Entitled to Rights of Marriage . . . but Not to Marriage Itself,” Gay City News, October 25, 2006.

487 gave legislators a deadline: Anthony Faiola, “Civil Union Laws Don’t Ensure Benefits; Same-Sex N.J. Couples Find That Employers Can Get Around New Rules,” Washington Post, June 30, 2007.

487 By forcing them: Arthur S. Leonard, “Do Rights of Marriage Equal Marriage?” Gay City News, October 26, 2006.

487 Through a state political action committee: Tom Moran, “A New Kind of Politi­cal Poison,” Newark Star-Ledger, October 18, 2007.

487 The district was one of three: Dan Murphy, “Clean Elections’ Waters Roiled by Outsider,” Newark Star-Ledger, October 24, 2007.

488 The group had purchased a billboard: Dan Ring, “Billboard Attacks Gay Mar­riage Vote,” Springfield (MA) Republican, October 6, 2007.

488 The billboard, which appeared: Ring, “Billboard Attacks Gay Marriage Vote.”

488 Immediately after Gallagher spoke: Maggie Gallagher, “Prop. 22 Can Save Tra­ditional Marriage in California,” Human Events, May 29, 2008.

488 Over the first six months: Rebecca Cathcart, “Donation to Same-Sex Marriage Foes Brings Boycott Calls,” New York Times, July 17, 2008.

488 Cordileone would eventually take credit: Maria L. La Ganga, “In Tolerant San Francisco, Prop. 8 Backer to Head Catholic Church,” Los Angeles Times, Septem­ber 22, 2012.

489 Hotelier and real-estate developer: “Meet Bishop Cordileone. Why Is He an Example for Catholic Lay Leaders?” Catholic Business Journal, August 12, 2009.

64. To the Ballot

490 In West Hollywood: Maura Dolan, “Same-Sex Marriage Has Skeptics on Court,” Los Angeles Times, March 5, 2008.

490 The court had granted review: Ronald M. George, Chief: The Quest for Justice in California (Berkeley: Berkeley Public Policy Press, 2013), 628–44.

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490 “Is it better for this court”: Dolan, “Same-Sex Marriage Has Skeptics.”

490 Petitions from groups: Lisa Leff, “California Groups Aiming for Gay Marriage Amendment,” Associated Press, February 14, 2008.

490 Randy Thomasson’s group: “Pastors Network to Save Traditional Marriage Through Calif. State Amendment,” Christian Examiner Newspapers, Decem­ber 13, 2007.

490 Andy Pugno had been: Jennifer Warren, “Initiative Divides a Family,” Los Angeles Times, November 24, 1999.

490 when the senator worked: Rone Tempest, “State Senator Fumes over Same-Sex Marriages,” Los Angeles Times, February 24, 2004.

491 Knight died: Richard Fausset, “GOP’s Pete Knight, 74; Former Test Pilot Was Foe of Gay Marriage,” Los Angeles Times, May 9, 2004.

491 the fund filed suit: Harriet Chang, “S.F. Sues over Legality of Same-Sex Mar­riages,” San Francisco Chronicle, February 20, 2004.

491 After his death: Harrison Sheppard, “Effort to Ban Gay Marriage Falls Short of Signatures,” Los Angeles Daily News, December 28, 2005.

491 Pitching both experience: Lisa Leff, “Signature-Gathering Can Begin for Calif. Gay Marriage Ban,” Associated Press, July 25, 2005.

491 Clearly squeezed out: “Calif. Amend. Qualifies; Suit Filed In N.Y.” Baptist Press, June 3, 2008.

491 While officials there checked: “Gay Marriage Ban Makes California Ballot,” As­sociated Press, June 3, 2008.

491 “Reserving the historic designation”: In re Marriage Cases, 43 Cal.4th 757.

492 state public-health officials: Sandra Gonzales, “Initiative to Ban Gay Marriage Qualifies for California Ballot,” San Jose Mercury-News, June 3, 2008.

492 A few days later: Frank Schubert and Jeff Flint, “Passing Prop 8,” Politics Maga­zine, February 2009.

493 Schubert was a fixture: Dan Smith, “Capitol Alert: Proposition 8 Campaign Ar­chitect Leaves Sacramento Firm,” Sacramento Bee, June 4, 2013.

493 The first major victory: “Anti-Gay Marriage Mastermind Keeps Ties to Pro-gay Companies,” The Advocate, November 11, 2009.

493 A January 2008 study: Gregory B. Lewis and Charles W. Gusset, “Changing Public Opinion on Same-Sex Marriage: The Case of California,” Politics & Pol­icy 36, no. 1 (2008): 4–30.

493 “Age is one of”: Lewis and Gusset, “Changing Public Opinion on Same-Sex Marriage,” 4–30.

493 ProtectMarriage strategists: Schubert and Flint, “Passing Prop 8.”

493 Private surveys: Schubert and Flint, “Passing Prop 8.”

494 “There were limits”: Schubert and Flint, “Passing Prop 8.”

494 At 5:01 p.m.: Marisa Lagos, Rachel Gordon, Chris Heredia, and Jill Tucker, “Same-Sex Weddings Start with Union of Elderly San Francisco Couple,” San Francisco Chronicle, June 17, 2008.

494 In San Francisco: Audrey Bilger and Michelle Kort, “The First Brides: A Con­versation with Kate Kendell & Phyllis Lyon,” Here Come the Brides! Reflections on Lesbian Love and Marriage, ed. Audrey Bilger and Michelle Kort (Berkeley, CA: Seal Press, 2012), 177–91.

494 identify any real social consequences: M. V. Lee Badgett, When Gay People Get Married: What Happens When Societies Legalize Same-Sex Marriage (New York: New York University Press, 2009), 64–85.

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494 But while a spokesperson’s: “Same-Sex Marriage Pioneers Separate,” Associated Press, July 20, 2006.

494 “they are just like any other couple”: Michael Levenson, “After 2 Years, Same-Sex Marriage Icons Split Up,” Boston Globe, July 21, 2006.

494 Massachusetts’s 10,500: Jesse McKinley, “Hundreds of Same-Sex Couples Wed in California,” New York Times, June 18, 2008.

494 “We made one”: Schubert and Flint, “Passing Prop 8.”

65. Amen Brothers

496 Garlow had been initially: Lynn Vincent, “The Power of Three,” World Maga­zine, July 26, 2008.

496 He had given his team: “Sign Here State’s Marriage Amendment Drive Heads into Final Month; Evangelicals Urged to Step Up Signature Collection,” Chris­tian Examiner Newspapers, March 1, 2008.

496 “When I heard”: Vincent, “The Power of Three.”

496 On June 25: Jim Garlow, “Reformation of Marriage,” in The Reformer’s Pledge, compiled by Ché Ahn (Shippensburg, PA: Destiny Image Publishers, 2010).

497 The twenty-two-week: Garlow, “Reformation of Marriage.”

497 On July 18: Rebecca Cathcart, “Donation to Same-Sex Marriage Foes Brings Boycott Calls,” New York Times, July 17, 2008.

497 The group’s founder: Christa Woodall, “Save the Boom Demonstrators Rally Outside AIG Headquarters,” OC Register, April 1, 2008.

497 The media amplified: Woodall, “Save the Boom Demonstrators Rally.”

497 Manchester was perhaps: Cathcart, “Donation to Same-Sex Marriage Foes.”

498 A Yes on 8 organizer: Thomas M. Messner, “The Price of Prop 8,” Heritage Foundation, October 22, 2009.

498 a religious faction: James L. Clayton, “From Pioneers to Provincials: Mormon­ism as Seen by Wallace Stegner,” Dialogue: A Journal of Mormon Thought 1, no. 4 (December 1966).

498 an infusion of cash and manpower: Mark Schoofs, “Mormons Boost Antigay Marriage Effort,” Wall Street Journal, September 20, 2008.

66. The Mormon Empire Strikes Back

499 received a one-page letter: Gregory A. Prince, Gay Rights and the Mormon Church: Intended Actions, Unintended Consequences (Salt Lake City: University of Utah Press, 2019), 151.

500 When Brigham Young University law professor Lynn Wardle: Lynn Wardle and William C. Duncan, “Foreword,” Creighton Law Review, “A Symposium on the Implications of Lawrence and Goodridge for the Recognition of Same-Sex Marriages and Validity of DOMA,” 2005.

500 Salt Lake City had first: John Keahey, “Utah’s Long Road to Olympics Started with a Craving for Tourist Dollars . . . ,” Salt Lake Tribune, June 4, 1995.

500 The host committee’s: Jere Longman, “Leaders of Salt Lake Olympic Bid Are Indicted in Bribery Scandal,” New York Times, July 21, 2000.

500 They were acquitted: Lex Hemphill, “Acquittals End Bid Scandal That Dogged Winter Games,” New York Times, December 6, 2003.

500 “There seemed to be”: Mitt Romney, Turnaround: Crisis, Leadership, and the Olym­pic Games (Washington, DC: Regnery Publishing, 2004), 4.

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500 A five-year media plan: J. B. Haws, The Mormon Image in the American Mind: Fifty Years of Public Perception (New York: Oxford University Press, 2013), 360.

501 “Feelings towards the LDS”: Haws, The Mormon Image in the American Mind, 174.

501 In July 2004: Deborah Bulkeley, “LDS Church Supports Gay-Marriage Bans,” Deseret News, July 8, 2004.

501 The church-owned Deseret News: Deborah Bulkeley, “LDS Church Supports Gay-Marriage Bans,” Deseret News, July 8, 2004.

501 refused to publicly acknowledge: Rebecca Walsh, “LDS Church Shuns Political Fight Over Utah’s Marriage Amendment,” Salt Lake Tribune, August 30, 2004.

501 Romney—a descendant: Benjamin Wallace-Wells, “Mitt’s Stake,” New York, Sep­tember 21, 2012.

501 visited the church’s president: Michael Luo, “Romney Attends Mormon Leader’s Funeral,” New York Times, February 2, 2008.

502 Preparing to leave: Jamie Dean, “Elephant in the Room,” World Magazine, November 3, 2007.

502 A poll conducted: Frank Newport, “Americans’ Views of the Mormon Religion,” Gallup News Service, March 2, 2007.

502 another from Gallup: Newport, “Americans’ Views of the Mormon Religion.”

502 “perceptions of the Church as mysterious”: Gary C. Lawrence, How Americans View Mormonism: Seven Steps to Improve Our Image (Orange, CA: Parameter Foun­dation, 2008) 35.

502 In early December 2007: Michael Luo, “Romney, Eye on Evangelicals, Defends His Faith,” New York Times, December 7, 2007.

503 But the January 2008 death: “LDS President Gordon B. Hinckley Dies at Age 97,” Deseret News, January 28, 2008.

503 He was forced: Michael Luo, “Romney Attends Mormon Leader’s Funeral,” New York Times, February 2, 2008.

503 Romney exited the campaign: Mike Allen and Jonathan Martin, “Romney Ends Bid, Eyeing 2012,” Politico, February 7, 2008.

503 Hinckley’s successor: Peggy Fletcher Stack, “Prop 8: California Gay Marriage Fight Divides LDS Faithful,” Salt Lake Tribune, October 26, 2008.

503 letter from George Niederauer: George H. Niederauer, “An Open Letter from Archbishop Niederauer,” Catholic San Francisco, December 5, 2008.

503 Catholic-Mormon alliance: Gregory A. Prince, Gay Rights and the Mormon Church: Intended Actions, Unintended Consequences (Salt Lake City: University of Utah Press, 2019), 72–75.

503 “California is a huge state”: Jesse McKinley and Kirk Johnson, “Mormons Tipped Scale in Ban on Gay Marriage,” New York Times, November 15, 2008.

503 The Mormon Church’s appraisal: Leo J. Muir, A Century of Mormon Activities in California: Volume One, Historical (Salt Lake City: Deseret News Press, 1952), 44.

503 That winter: Joan S. Hamblin, “Voyage of the ‘Brooklyn,’ ” Ensign, July 1997.

504 “perhaps the longest religious sea pilgrimage”: “Voyage of the ‘Brooklyn.’ ”

504 To have pushed their way: Muir, A Century of Mormon Activities in California, 44.

504 Wallace Stegner later demarcated: Peggy Fletcher Stack and Jessica Ravitz, “Redefining the Mormon Empire,” Salt Lake Tribune, March 30, 2008.

504 In 1851, when he: Muir, A Century of Mormon Activities in California, 44.

504 “I was sick”: Muir, A Century of Mormon Activities in California, 44.

504 Over the thirty years: Stack and Ravitz, “Redefining the Mormon Empire.”

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504 The result was “Mellow Mormonism”: Stack and Ravitz, “Redefining the Mor­mon Empire.”

504 “The church has actually”: Stack and Ravitz, “Redefining the Mormon Empire.”

505 Notably, when discussing the subject: John-Henry Westen, “New San Francisco Archbishop Thinks Gay Propaganda Film Brokeback Mountain is ‘Very Power­ful,’ ” Life Site News, February 13, 2006.

505 “Having Catholics, evangelicals and Jews”: Matthai Kuruvila, “S.F. Archbishop Defends Role in Prop. 8 Passage,” San Francisco Chronicle, December 4, 2008.

505 “No work will take place”: McKinley and Johnson, “Mormons Tipped Scale.”.

505 An average of twenty-five thousand: Karl Vick, “Backers of Gay Marriage Trumpet the Mormon Church’s Work Against It,” Washington Post, May 29, 2009.

505 Jeff Flint’s estimate: McKinley and Johnson, “Mormons Tipped Scale.”

505 They were assigned: McKinley and Johnson, “Mormons Tipped Scale.”

506 depend on Mormon money: Mark Schoofs, “Mormons Boost Antigay Marriage Effort,” Wall Street Journal, September 20, 2008.

506 After meeting for two hours: McKinley and Johnson, “Mormons Tipped Scale.”

506 The donations included: McKinley and Johnson, “Mormons Tipped Scale.”

67. Proposition 8

507 In early September: Andy Humm, “New Poll: Majority in California Reject Repeal of Marriage Equality,” Gay City News, September 4, 2008.

507 When the No on 8: Evelyn Larrubia, “$1 Million from Teachers Union to Op­pose Prop. 8,” Los Angeles Times, October 17, 2008.

507 By the end of September: Mike Swift, “Prop. 8: Money Pours in to Oppose Same-Sex Marriage Ban,” San Jose Mercury News, October 15, 2008.

507 When ProtectMarriage filed: Tim Dickinson, “Same-Sex Setback,” Rolling Stone, December 11, 2008.

507 a slew of celebrities: Derrik J. Lang, “Hollywood Comes Out in Support of Gay Marriage,” Associated Press, October 23, 2008.

507 Fall Out Boy’s Pete Wentz: Kerry Eleveld, “Pete Wentz, Fall Out Boy Donate to No on 8,” The Advocate, October 30, 2008.

507 Outside the religious sphere: Michael Falcone, “McCain and Obama Differ on Same-Sex Marriage Initiative,” New York Times, July 3, 2008.

508 At the end of September: Frank Schubert and Jeff Flint, “Passing Prop 8,” Politics Magazine, February 2009.

508 If that ad was edited to: Mike Swift, “Questions Raised over Yes on Prop. 8 Ads,” San Jose Mercury-News, October 18, 2008.

508 The ad showed a schoolgirl: Rachel La Corte, “Adwatch: Ad Warns Gay Mar­riage Could Be Taught in Schools If Referendum 74 Passes,” Associated Press, October 29, 2012.

508 Yet once the: Schubert and Flint, “Passing Prop 8.”

508 Indeed, its themes had been part: Lynda Gorow, “2 Sides Fuel Hawaii Vote on Same-Sex Marriages,” Boston Globe, November 2, 1998.

508 An ad very similar: John Cloud, “For Better or Worse,” Time, October 2, 1998.

508 During the summer: Bob Egelko, “Prop. 8 Backers Take Fight to Kindergarten,” San Francisco Chronicle, July 25, 2008.

508 After opponents sued: Arthur S. Leonard, “Cal’s Ballot Changes OK,” Gay City News, August 14, 2008.

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509 The San Francisco Chronicle was a predictably liberal: “Preserve Marriage Rights,” San Francisco Chronicle, October 1, 2008.

509 Beneath the headline: Jill Tucker, “Class Surprises Lesbian Teacher on Wedding Day,” San Francisco Chronicle, October 11, 2008.

509 With weeks to go: Tucker, “Class Surprises Lesbian Teacher.”

509 Yet for another eleven days: Schubert and Flint, “Passing Prop 8.”

509 It finally came: Alex Cohen, “If Gay Marriage Is Allowed, Will Schools Promote It?” National Public Radio, October 23, 2008.

509 In their internal polling: David Fleischer, The Prop 8 Report: What Defeat in Califor­nia Can Teach Us About Winning Future Ballot Measures on Same-Sex Marriage (Los Angeles: LGBT Mentoring Project, 2010), 34.

509 “This in-your-face response”: Schubert and Flint, “Passing Prop 8.”

509 With a total of $83 million: “More Than $83 Million Spent on Prop 8,” Associ­ated Press, February 2, 2009.

509 Over the final week: Schubert and Flint, “Passing Prop 8.”

510 With opinion swinging: Schubert and Flint, “Passing Prop 8.”

510 “Individuals may fast”: Jim Garlow, “Reformation of Marriage,” in The Reformer’s Pledge, compiled by Ché Ahn (Shippensburg, PA: Destiny Image Publishers, 2010).

510 On election morning: Schubert and Flint, “Passing Prop 8.”

68. Whodunit

515 If Proposition 8 had failed: Jessica Garrison, Cara Mia DiMassa, and Richard C. Paddock, “Nation Watches as State Weighs Ban,” Los Angeles Times, November 5, 2008.

515 “a quiet dread”: Karen Ocamb, “Special Investigation: Prop 8 Postmortem,” Los Angeles, December 1, 2018.

515 “Elation rapidly slid”: Ocamb, “Special Investigation.”

515 The final numbers: Chris Cillizza and Sean Sullivan, “How Proposition 8 Passed in California—and Why It Wouldn’t Today,” The Fix, Washington Post, March 26, 2013.

516 “How did the people”: Peter Quist, “The Money Behind the 2008 Same-Sex Partnership Ballot Measures,” Follow the Money, February 9, 2010, https://www .followthemoney.org/research/institute-reports/the-money-behind-the-2008 -same-sex-partnership-ballot-measures.

517 “It’s easier to locate”: Michael Petrelis, “Names of All 16 Members of No on 8’s Executive Committee Made Public,” Petrelis Files, January 21, 2009, mpetrelis .blogspot.com.

517 Ben Ehrenreich, “Anatomy of a Failed Campaign,” The Advocate, November 18, 2008.

517 In mid-October, just as: Aurelio Rojas, “No on 8 Campaign Was in Turmoil in Last Weeks,” Sacramento Bee, November 13, 2008.

518 “The campaign brought in”: Rojas, “No on 8 Campaign.”

518 “It is a travesty”: Jessica Garrison and Joanna Lin, “Prop. 8 Protestors Target Mormon Temple in Westwood,” Los Angeles Times, November 7.

518 “Then Jean skipped town”: Patrick Range McDonald, “Queer Town: ‘No on 8’ Executive Committee Revealed,” LA Weekly, January 22, 2009.

518 The campaign’s principals: Connor Fitzpatrick, “Proposition 8 Opponents Should Not Live in the Past,” Daily Bruin, February 3, 2009.

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518 If organizers of Equality Summit: Rex Wockner, “Big Prop 8-Related Summit Will Limit Media Access,” Towleroad, January 5, 2009.

518 The fifty-three-member planning committee: Rex Wockner, “Equality Summit Drops Restrictions on Media,” Towleroad, January 5, 2009.

518 “LGBT journalists”: Wockner, “Big Prop-8 Related Summit.”

518 Organizers eventually acquiesced: Japhy Grant, “More Questions Than Answers at Gay Marriage Equality Summit,” Queerty, January 26, 2009.

519 led the National Gay and Lesbian Task Force’s organizing department: Amy L. Stone, “Winning for LGBT Rights Laws, Losing for Same-Sex Marriage: The LGBT Movement and Campaign Tactics” in The Marrying Kind? Debating Same-Sex Marriage Within the Lesbian and Gay Movement, Mary Bernstein and Verta Taylor ed. (Minneapolis: University of Minnesota Press, 2013), 148.

69. Meet in the Middle

521 spent years at doorsteps: Dave Fleischer, “An Army of Volunteers,” in Out for Office: Campaigning in the Gay ’90s, Kathleen DeBold ed. (Washington: Gay and Lesbian Victory Fund, 1994), 175–82.

522 The most prominent: Arthur S. Leonard, “Prop 8 Judicial Review Granted,” Gay City News, November 10, 2008.

522 Meanwhile, California’s various: Lisa Leff, “Gay Rights Activists Consider Tim­ing of Ballot Measure,” Associated Press, January 26, 2009.

522 “We are putting”: Patrick Range McDonald, “Setting the (Gay) Wedding Table,” LA Weekly, June 3, 2009.

522 “taking a page”: Jesse McKinley, “Group Renews Fight for Same-Sex Marriage,” New York Times, May 8, 2009.

522 “Regardless of what”: Susan Ferriss, “Backers at Work on Next Move,” Sacra­mento Bee, March 7, 2009.

523 “It gives $86,000”: Cynthia Laird, “Press Kicked Out of Summit over Poll,” Bay Area Reporter, June 4, 2009.

523 One figure the poll’s sponsors: “All the Things Homophobes Can Learn from California’s Secret Poll,” Queerty, June 4, 2009.

523 “You can argue to wait”: “Leadership Summit Organizations Going Back to Community to Assess Next Steps on Marriage Equality in CA,” Unite the Fight, June 2, 2009, unitethefight.blogspot.com.

524 yes on 8’s messaging around children: Melissa Murray, “Marriage Rights and Parental Rights: Parents, the State, and Proposition 8,” Stanford Journal of Civil Rights & Civil Liberties 5, no. 2 (October 2009): 366–90.

525 To understand what his side: Sasha Issenberg, “How Do You Change Someone’s Mind About Abortion? Tell Them You Had One,” Bloomberg Politics, October 6, 2014.

70. Gathering Storm

527 “An Internet camp classic”: Frank Rich, “The Bigots’ Last Hurrah,” New York Times, April 19, 2009.

527 “it’s like watching”: Judy Berman, “Stephen Colbert’s ‘Gathering Storm,’ ” Salon, April 17, 2009.

528 The ad buy had notably: Andy Humm, “ ‘Gathering Storm’ on the Right,” Gay City News, April 10, 2009.

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528 At the Miss USA pageant: David Hasemyer, “Prejean Stands Up for Her Beliefs,” San Diego Union-Tribune, April 27, 2009.

528 “She really did answer”: “Exclusive: Donald Trump Breaks Silence on Miss California’s Gay Marriage Comments,” FOX News, April 24, 2009.

528 That summer, upon the group’s: Monica Hesse, “Opposing Gay Unions with Sanity and a Smile,” Washington Post, August 28, 2009.

528 Its legal headquarters: Ryan T. Anderson, “Robert P. George on the Struggle Over Marriage,” Public Discourse, July 3, 2009.

528 “The same thing”: Hesse, “Opposing Gay Unions.”

528 When Matthew Holland: Lisa Riley Roche, “Guv Draws Scrutiny over Stance on Civil Unions,” Deseret News, April 21, 2009.

529 What the men: Don L. Searle, “Elder Jeffrey R. Holland of the Quorum of the Twelve Apostles,” Ensign, December 1994.

529 “When government is”: Orson Scott Card, “State Job Is Not to Redefine Mar­riage,” Mormon Times, July 24, 2006.

529 “represented on the board”: Roche, “Guv Draws Scrutiny.”

529 Given the difficulty of bringing: Maggie Gallagher, “The Carrie Effect: Notes from the Frontlines of the Marriage War,” National Review, August 10, 2009.

529 A day after the bill’s signing: Jenna Russell and Eric Moskowitz, “Maine Gover­nor OK’s Gay Marriage,” Boston Globe, May 7, 2009.

530 Within weeks, the group: “Maine Gay Marriage Foes to Use Prop 8 Firm,” Asso­ciated Press, June 18, 2009.

530 With Frank Schubert: Bob Drogin, “In Maine, It’s Like Prop. 8 All Over Again,” Los Angeles Times, October 20, 2009.

530 A new one showed: Paul Schindler, “Bitterness and Determination,” Gay City News, November 5, 2009.

530 In New Jersey: Paul Schindler, “Potential Endgames for NY Marriage Equality,” Gay City News, January 6, 2010.

531 An unusual three-way special election: Marc Ambinder, “What the NY-23 Spe­cial Election Is Really About,” The Atlantic, October 30, 2009.

531 NOM spent aggressively: Ben Smith, “NOM poll: Marriage a Wedge in NY-23,” Politico, November 3, 2009.

531 Eventually Hoffman gained: Adam Nagourney and Jeremy W. Peters, “Dede Scozzafava, Republican, Quits House Race in Upstate New York,” New York Times, October 31, 2009.

531 “To ‘scozzfava’ a politician”: Maggie Gallagher, “NOM Announces Brian Brown as New President!” NOMblog, April 19, 2010, www.nomblog.com.

71. Up Against the Wall

532 “a top priority”: Pam Belluck, “Bid to Ban Gay Marriage Fails in Massachusetts,” New York Times, June 4, 2007.

535 In California, Proposition 8’s passage: Lisa Leff, “Gay Rights Activists Consider Timing of Ballot Measure,” Associated Press, January 26, 2009.

535 The left-wing Courage Campaign: Seth Hemmelgarn, “Ballot Proposal to Repeal Prop 8 in Planning Stage,” Bay Area Reporter, February 19, 2009; Jesse McKinley, “Group Renews Fight for Same-Sex Marriage in California,” New York Times, May 8, 2009.

535 Equality California wanted to wait: “In California, Equality Opposes Courage,” Gay City News, August 20, 2009.

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535 Their challenge to the result: Strauss v. Horton, 46 Cal.4th 364.

535 The same week that opinion: Jesse McKinley, “Bush v. Gore Foes Join to Fight Gay Marriage Ban,” New York Times, May 27, 2009.

535 The nation’s leading gay-rights lawyers: Lisa Leff, “Gay Rights Groups Ques­tion Timing of Federal Suit to Overturn California Same-Sex Marriage Ban,” Associated Press, May 27, 2009.

536 Despite his opposition: Andy Humm, “Obama on Gay Marriage,” Gay City News, March 27, 2008.

536 A Democratic White House: David G. Savage, “Obama Struggles to Nominate, Confirm Federal Judges,” Los Angeles Times, January 5, 2013.

72. Roadmap

539 “whether or not Freedom to Marry”: Mubarak Dahir, “Marriage on His Mind,” The Advocate, June 26, 2003.

540 “is an intense person”: Dahir, “Marriage on His Mind.”

540 “a small ship”: Hearts & Minds: The Untold Story of How Philanthropy and the Civil Marriage Collaborative Helped America Embrace Marriage Equality, Proteus Fund (2015), 10.

540 “a strategy shop”: Duncan Osborne, “Marriage Pioneer Wolfson Moves Group Center Stage,” Gay City News, September 28, 2011.

540 In 2007, Freedom to Marry published: Freedom to Marry Annual Report 2007 (Free­dom to Marry, 2007), 8.

541 Crucial to Wolfson’s future plans: Freedom to Marry Annual Report 2010 (Freedom to Marry, 2010), 11.

541 “the share of the public”: Patrick J. Egan, “Findings from a Decade of Polling on Ballot Measures Regarding the Legal Status of SameSex Couples,” Freedom to Marry, June 15, 2010.

541 “Those favoring and opposing”: Egan, “Findings from a Decade of Polling.”

541 He had joined Let California Ring: Freedom to Marry Annual Report 2007, 16.

542 Wolfson enlisted three: Freedom to Marry, Annual Report 2008 (Freedom to Marry, 2008), 14.

542 postelection narrative about its passage: Leigh Moscowitz, The Battle Over Mar­riage: Gay Rights Activism Through the Media (Urbana: University of Illinois Press, 2013), 115–17.

542 Using precinct-level election returns: Patrick J. Egan and Kenneth Sherrill, “California’s Proposition 8: What Happened, and What Does the Future Hold?” National Gay and Lesbian Task Force Policy Institute, January 2009.

542 “finally put to rest”: Freedom to Marry Annual Report 2008, 14.

543 Relaunched to take on: Richard Wolf, “For Freedom to Marry’s Founder, a Date with History,” USA Today, June 17, 2015.

544 “Freedom to Marry is not going to”: Karen Ocamb, “Freedom to Marry Acceler­ates Its Campaign,” FrontiersLA, July 25, 2013.

544 “There is a strategy”: Osborne, “Marriage Pioneer Wolfson.”

545 In October 2010, he found: Zoe Gorman, “Gallagher, Wolfson Debate Gay Mar­riage,” Yale Daily News, October 7, 2010.

545 “verbally abused their opponents”: Daniel Chow, “P.U. Orators Denounce Ford while Trouncing Yale Debaters,” Yale Daily News, January 10, 1976.

545 It was unusual for: Zoe Gorman, “Gallagher, Wolfson Debate Gay Marriage,” Yale Daily News, October 7, 2010.

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545 “have worked against each other”: Gorman, “Gallagher, Wolfson Debate.”

545 “I’ve never had a desire”: Peter J. Smith, “Brian Brown Takes Helm of National Organization for Marriage,” LifeSiteNews, April 19, 2010.

73. For Better or for Worse

546 “there is hardly a political question”: Alexis de Tocqueville, Democracy in America, ed. J. P. Mayer, trans. George Lawrence (Garden City, NY: Doubleday, 1969), 1:270.

546 when Loving v. Virginia: Joseph Carroll, “Most Americans Approve of Interracial Marriages,” Gallup News Service, August 16, 2007.

548 “losing forward”: Evan Wolfson, “Marriage Equality and Some Lessons for the Scary Work of Winning,” Law & Sexuality 14 (2005): 141.

548 A straight woman with the loose, upbeat charm: Sura Rubenstein, “Anti-Gay, County Measures Pass: Cornelius Voters OK Home-Grown Ballot Measure,” Portland Oregonian, May 19, 1993.

549 In her new role, Zepatos: Freedom to Marry Annual Report 2009 (Freedom to Marry, 2009); Sasha Issenberg, “Nudge the Vote,” New York Times Magazine, October 29, 2010.

550 Among them were nongay organizations: Michael D. Shear, “Political Groups Compete to Represent the Center,” New York Times, February 9, 2011.

552 “Gay IRS”: John Cloud, “The Gay Mafia That’s Redefining Liberal Politics,” Time, October 31, 2008.

74. Money Talks in New York

555 That was sad: Marc Solomon, Winning Marriage: The Inside Story of How Same-Sex Couples Took On The Politicians and Pundits—and Won (Lebanon, NH: ForeEdge, 2014), 156.

555 “The murky, transactional world”: Solomon, Winning Marriage, 157.

555 For some of his peers: John Cloud, “The Gay Mafia That’s Redefining Liberal Politics,” Time, October 31, 2008.

556 The day the decision: Paul Schindler, “Iowa Marriage Ruling Seems Safe Politi­cally,” Gay City News, April 3, 2009.

556 In New York, strategists: Arthur S. Leonard, “Another New York State Gay Marriage Setback,” Gay City News, February 16, 2006; Arthur S. Leonard, “NYS Gay Marriage Setback,” Gay City News, February 23, 2006; Anemona Hartocolis, “N.Y. Court Upholds Gay Marriage Ban,” New York Times, July 6, 2006.

556 In 2003, the New York State Democratic Committee: “NY Dems Endorse Gay Marriage,” Gay City News, September 26, 2003.

556 The party’s next nominee: Paul Schindler, “Absorbing Gay Pain & Praise, Clin­ton Says She’s Evolved,” Gay City News, October 26, 2006.

556 In 2008, Spitzer was succeeded: Paul Schindler, “New Governor, Old Friend; Advocates, Mourning Eliot Spitzer, Upbeat on David Paterson,” Gay City News, March 12, 2008.

556 Paterson introduced his own: Paul Schindler, “Governor Paterson Ups the Ante,” Gay City News, March 16, 2009.

556 That December, the bill failed: Jeremy W. Peters, “New York Senate Rejects Gay Marriage Bill,” New York Times, December 2, 2009.

556 “There had been no fear”: Solomon, Winning Marriage, 157.

557 “Nothing matters but”: Solomon, Winning Marriage, 157.

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557 Smith launched: Jeremy W. Peters, “New Group That Backs Gay Marriage Takes Aim at Monserrate,” New York Times, February 24, 2010.

557 The group attacked: Ben Smith and Byron Tau, “Gay Rights Take Center Stage in N.Y.,” Politico, December 14, 2010.

557 “the innuendo spread”: Smith and Tau, “Gay Rights Take Center Stage.”

557 “Their primary issue”: Smith and Tau, “Gay Rights Take Center Stage.”

557 Fight Back New York dispensed: Marc Solomon, “How We Will Win,” The Advo­cate, March 1, 2011.

557 “This is the first time”: Smith and Tau, “Gay Rights Take Center Stage.”

557 “Well-funded gay rights groups”: Smith and Tau, “Gay Rights Take Center Stage.”

558 Furthermore, the governor’s political reputation: Jen Chung, “Ed Koch Held Decades-Long Grudge Against Cuomos Over ‘Vote for Cuomo, Not the Homo’ Posters,” Gothamist, February 1, 2013.

558 When it came to lobbying: Michael Barbaro, “The Road to Gay Marriage in New York,” New York Times, June 25, 2011.

558 personal efforts by the Catholic governor: William N. Eskridge Jr. and Chris­topher R. Riano, Marriage Equality: From Outlaws to In-Laws (New Haven: Yale University Press, 2020), 443, 449.

559 In 2009, gay couples: Richard Wolf, “Timeline: Same-Sex Marriage Through the Years,” USA Today, May 24, 2015.

559 Freedom to Marry set out to: Paul Schindler, “Maryland, for Now, Steps Back from Marriage Equality,” Gay City News, March 11, 2011; Julie Bolcer, “RI Com­mittee to Hold Civil Unions Hearing,” The Advocate, May 11, 2011.

559 “We hadn’t had a state win”: Solomon, Winning Marriage, 174.

560 By mid-April the three groups: Paul Schindler, “NY Marriage Equality Advo­cates Underscore Unity,” Gay City News, April 22, 2011.

560 “a critical player”: Solomon, Winning Marriage, 179.

560 “The gays worked together”: J. Stephen Clark, “An Oral History of the Marriage Equality Act in New York,” Albany Government Law Review 5, no. 4 (2012): 663.

560 who had introduced marriage legislation: Schindler, “Paterson Ups the Ante.”

560 For guidance on that front: Marc Ambinder, “Bush Campaign Chief and Former RNC Chair Ken Mehlman: I’m Gay,” The Atlantic, August 25, 2010.

560 “I can’t change the fact”: Ambinder, “Bush Campaign Chief.”

560 The next month, Mehlman headlined: Corey Johnson, “Ken Mehlman, Peter Thiel, and Paul Singer Host Manhattan Fundraiser for Team Challenging Prop­osition 8,” Towleroad, September 23, 2010.

560 “As someone who regrets”: Johnson, “Ken Mehlman, Peter Thiel, and Paul Singer.”

561 Mehlman’s decision to come out: Duncan Osborne, “Wealthy Prop 8 Foe Has Gay Son,” Gay City News, September 8, 2010.

561 “Good and honorable men and women”: Johnson, “Ken Mehlman, Peter Thiel, and Paul Singer.”

562 Singer committed: Solomon, Winning Marriage, 186.

562 In early May, Singer: Solomon, Winning Marriage, 190.

562 On May 11, O’Donnell: “Daniel O’Donnell Introduces Marriage Equality Bill in State Assembly,” Joe.My.God, May 11, 2011, joemygod.com.

563 “the votes are there”: Casey Seller and Jimmy Vielkind, “History Made Behind Scenes,” Albany Times-Union, June 25, 2012.

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563 “The question is not just”: Seller and Vielkind, “History Made Behind the Scenes.”

563 As they did, on June 15: Nicholas Confessore and Michael Barbaro, “In Reversal, 3 Democratic Senators Will Back Gay Marriage,” New York Times, June 13, 2011.

563 “In the end, that is my vote”: Geraldine Baum, “New York Gay Marriage: State Senate a Vote Away from Approving Bill,” Los Angeles Times, June 16, 2011.

563 “There was an extreme”: Clark, “An Oral History of the Marriage Equality Act in New York,” 673.

563 It was unusually structured: Christopher W. Dickson, “Inseverability, Religious Exemptions, and New York’s Same-Sex Marriage Law,” Cornell Law Review 98, no. 1 (November 2012): 181–208.

564 “Did I love it?”: Clark, “An Oral History of the Marriage Equality Act in New York,” 667.

564 Skelos brought together: Nicholas Confessore and Michael Barbaro, “New York Allows Same-Sex Marriage, Becoming Largest State to Pass Law,” New York Times, June 24, 2011.

564 “The days of just bottling up things”: Confessore and Barbaro, “New York Allows Same-Sex Marriage.”

565 “defined doing the right thing”: Reid J. Epstein, “N.Y. Legalizes Gay Marriage,” Politico, June 24, 2011.

565 “How do you feel?”: Confessore and Barbaro, “New York Allows Same-Sex Marriage.”

565 “The funny thing was”: Seller and Vielkind, “History Made Behind Scenes.”

75. A Grave Price

566 At 11:49 p.m.: David Badash, “Can Maggie Gallagher, NOM Get the NY Same-Sex Marriage Law Repealed?” New Civil Rights Movement, June 27, 2011, https://www.thenewcivilrightsmovement.com/2014/04/can_maggie_ gallagher _nom _get _the _ny _same _sex _marriage _law _repealed.

566 “New York Republicans are responsible”: Maggie Gallagher, “The GOP Will Pay a Grave Price,” The Corner, National Review, June 25, 2011.

566 In the summer of 2010, the bishops conference: “Bishops Urged to Fight War of Words to Defend Traditional Marriage,” Catholic Review, June 17, 2011.

567 Gay activists had succeeded: Tamara Audi, “Gay Activists Target Businesses,” Wall Street Journal, August 27, 2008.

567 “socially unacceptable to give”: Alison Stateman, “What Happens If You’re on Gay Rights’ ‘Enemies List,’ ” Time, November 15, 2008.

567 Karger was able to: Fred Karger, “Fred Who?” (n.p.: Fred Karger, 2011), 13.

568 The Human Rights Campaign preferred to: Marc Gunther, “Queer Inc.: How Corporate America Fell in Love with Gays and Lesbians,” Fortune, December 11, 2006.

568 a model to online rabble-rousers: Monica Youn, “Proposition 8 and the Mormon Church: A Case Study in Donor Disclosure,” George Washington Law Review 81, no. 6 (November 2013): 2108–60.

568 In the summer of 2010, lefty activists: Tom Hamburger and Jennifer Martinez, “Target Stores Negotiate with Gay-Lesbian Group over Political Spending,” Los Angeles Times, August 13, 2010.

568 The nongay group MoveOn.org: Tim Pugmire, “Advocacy Group Stages Protest at Target HQ over Donations Flap,” Minnesota Public Radio, August 8, 2010.

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568 The backlash, and threat of: Jackie Crosby, “Target Apologizes for Giving to Group Backing Emmer,” Star-Tribune, August 6, 2010.

568 As he launched a “Mormongate” website: Stephanie Mencimer, “Game Changer,” Mother Jones, March/April 2010.

568 The church responded by: Fred Karger, “Mormongate—the Church’s Cover-up of Its Prop 8 Funding,” HuffPost, March 5, 2009.

568 In the summer of 2010, the LDS Church settled with: Scott Taylor, “Mormon Church Agrees to Pay Small Fine for Mistake That Led to Late Report of Con­tributions in Prop. 8 Campaign,” Deseret News, June 9, 2010.

568 “overlooked the daily reporting process”: Taylor, “Mormon Church Agrees to Pay Small Fine.”

569 “Mormon front group”: “Prop. 8 Rivals Take Their Fight National,” Capitol Weekly, April 13, 2009.

569 “part of a broader”: Maggie Gallagher, “The Amazing Power of the Culture (Part 6),” The Corner, National Review, March 23, 2009.

569 “Every dollar you give”: “Profiles on the Right: National Organization for Mar­riage (NOM),” Political Research Associates, November 11, 2013.

569 “donations to NOM”: Brian S. Brown, “NOM Marriage News,” NOMblog, July 3, 2009, www.nomblog.com.

569 A cross-country “Summer for Marriage”: Maggie Gallagher, “Obama Sabotages Defense of Marriage Act,” Human Events, July 14, 2010.

569 At the second stop: Barbara Polichetti, “300 Face Off at RI State House over Same-Sex Marriage,” Providence Journal, July 18, 2010.

569 According to the Providence Journal: Polichetti, “300 Face Off.”

569 “I’ve never seen anything like”: Louis J. Marinelli, A Change of Heart: Working for the National Organization for Marriage Led Me to Support Marriage Equality (n.p.: Xlibris, 2012), 104.

569 “With our depressing turnout”: Marinelli, A Change of Heart, 79.

570 “There is no reason the Senate”: Brian S. Brown, “Emergency Alert: NY Mar­riage Vote May Come Tomorrow,” NOMblog, June 20, 2011, www.nomblog .com.

570 By the time Gallagher wrote: Badash, “Can Maggie Gallagher, NOM Get the NY Same-Sex Marriage Law Repealed?”

570 “A 4-year process seems”: Brian S. Brown, “Reversing SSM in New York: The Campaign Begins,” NOMblog, June 28, 2011, www.nomblog.com.

570 Even though in 2010 Republicans: Paul Schindler, “Iowa House Endorses Anti-Gay Constitutional Amendment,” Gay City News, February 2, 2011.

571 Without a legislative path: Arthur S. Leonard, “Sweeping Affirmation of Mar­riage Equality in Iowa,” Gay City News, April 3, 2009.

571 typically a perfunctory exercise: Todd E. Pettys, “Letter from Iowa: Same-Sex Marriage and the Ouster of Three Justices,” University of Kansas Law Review 59, no. 4 (May 2011), 715–16.

571 The National Organization for Marriage ultimately spent: Sofia Resnick, “National Organization for Marriage’s 2010 Financial Records Raise Questions,” Washington Independent, December 12, 2011; Boo Jarchow, “Following Election and Court Case Gay Rights Groups to Demonstrate for Marriage Equality,” Pride, November 12, 2010, www.pride.com.

571 “It sends a powerful message”: A. G. Sulzberger, “Voters Moving to Oust Judges Over Decisions,” New York Times, September 24, 2010.

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571 They were backed for retention: Craig Robinson, “Ternus Campaigns in Cedar Rapids,” Iowa Republican, October 25, 2010.

571 For the National Organization for Marriage, the defeat of Ternus: A. G. Sulz­berger, “Iowa Judges Defeated After Ruling on Same-Sex Marriage,” New York Times, November 3, 2010.

76. Campaign in a Box

573 So even when it went public: Moving Marriage Forward: Building Majority Support for Marriage (Freedom to Marry, 2010).

574 The pop ubiquity: Phillip Picardi, “If You Think Lady Gaga’s Super Bowl Per­formance Wasn’t Political, You Missed the Point,” Teen Vogue, February 6, 2017.

574 When Gallup first asked: George Gallup, “Gallup Polls on Gay Job Rights Issue,” Bay Area Reporter, October 10, 1977.

575 One Twin Cities couple: Rachel Olson, “Same Sex Couples File Action Against Marriage Law,” Star-Tribune, May 12, 2010.

575 Established gay-rights groups: Benson v. Alverson, A11-811.

575 “If they reaffirm”: Elizabeth Dunbar, “Legal Fight to Lift Minnesota’s Gay Mar­riage Ban Faces Tough Odds,” MPR News, June 3, 2010.

575 When a Hennepin County judge: Abby Simons, “Judge Dismisses Challenge to Gay Marriage Barriers,” Star-Tribune, March 9, 2011.

575 “There are both legal and political”: Dunbar, “Legal Fight to Lift Minnesota’s Gay Marriage.”

575 While legislators had passed a DOMA-style bill: Rachel E. Stassen-Berger, “Amendment Would Bar Gay Civil Unions,” St. Paul Pioneer-Press, March 2, 2004; Michael Khoo, “Gay Marriage Ban Stirs Emotions Inside, Outside Capi­tol,” Minnesota Public Radio, April 7, 2005; Rachel Gold, “Legislature Passes DOMA,” FocusPoint, March 21, 1997.

576 The new Republican majorities: Patrick Condon and Martiga Lohn, “Minn. House Takes Up Constitutional Gay Marriage Ban; Passage Would Send Ques­tion to Voters,” Associated Press, April 21, 2011.

576 On June 6, Minnesotans United for All Families: “Dayton to Help Fundraise for Group Working to Defeat Marriage Amendment to Minn. Constitution,” Associated Press, June 13, 2011.

576 Marry Me Minnesota pushed ahead: Kaitlyn Walsh, “Marry Me Minnesota Lawsuit Breaks Ranks,” Lavender, November 17, 2011; Simons, “Judge Dismisses Challenge.”

578 As Massachusetts and Connecticut: Gill Foundation 2001 Annual Report (Gill Foundation, 2001), 17.

579 civil unions in 2007: Beverly Wang, “Backers Rally for Gay Marriage,” Associ­ated Press, March 15, 2007.

579 “Voters overwhelmingly say”: Doug Ireland, “NH Weighs Same-Sex Marriage Repeal,” Eagle-Tribune, February 14, 2011.

580 Shortly after the vote: Tyler Evilsizer, “The Money Behind the Maine Marriage Measure,” Follow the Money, November 5, 2009, https://www.follow themoney .org/research/institute-reports/the-money-behind-the-maine-marriage -measure.

581 When McTighe decided to go public: David Sharp, “Maine Gay Marriage Advocates Lay Groundwork for Another Referendum on Same-Sex Unions,” Associated Press, June 30, 2011.

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581 McTighe stood off camera: Judy Harrison, “Secretary of State Says Same-Sex Marriage Will Be on the Ballot,” Bangor (ME) Daily News, January 23, 2012.

581 “As a pastor whose faith”: Sharp, “Maine Gay Marriage Advocates Lay Ground­work.”

77. Land Rush to the Ballot

583 The Human Rights Campaign had already signaled: Chris Johnson, “HRC endorses Obama for Election 2012,” Washington Blade, May 26, 2011.

584 Couples were able to marry: Michael Barbaro, “After Long Wait, Same-Sex Couples Marry in New York,” New York Times, July 24, 2011; John Leland, “Thousands Cheer Same-Sex Marriage Law in Euphoric Pride Parade,” New York Times, June 26, 2011.

584 They extended beyond the Hollywood figures: John Branch, “Rangers’ Avery Joins Campaign for Gay Rights,” New York Times, May 7, 2011.

585 Throughout the summer, petition carriers: Paul Schindler, “Maine Marriage Advocates Begin Referendum Signature Push,” Gay City News, August 18, 2011.

586 “he actually had designs”: Matt McTighe, interview by Martin Meeker, 2016, “Matt McTighe on the Marriage Campaigns in Massachusetts and Maine,” Oral History Center, The Bancroft Library, University of California, Berkeley, 74.

586 After he launched the petition drive: Deborah McDermott, “York Firefighters Appear in TV Ad Backing Gay Marriage,” Portsmouth (NH) Herald, Septem­ber 26, 2012.

586 “When we clear the call”: McDermott, “York Firefighters Appear in TV Ad.”

586 “What sounds good”: McTighe, interview.

587 On the Why Marriage Matters Maine executive committee: Bob Sipchen, “Maine Voters Reject Rights Referendum,” Los Angeles Times, November 8, 1995.

588 When they all gathered: Marc Solomon, Winning Marriage: The Inside Story of How Same-Sex Couples Took On the Politicians and Pundits—and Won (Lebanon, NH: ForeEdge, 2014), 234.

588 He had a long history: Josh Zeitz, “The Making of the Marriage Equality Revo­lution,” Politico Magazine, April 28. 2015.

588 safe from political interference: Andrea Estes and Scott Helman, “Legislature Again Blocks Bid to Ban Gay Marriage,” Boston Globe, November 10, 2006.

78. Conversation and Inoculation

590 The so-called personhood amendment: Kay Steiger, “What Happens If the Mis­sissippi Personhood Amendment Passes?” The Atlantic, November 8, 2011.

590 “You don’t change people”: Robert Pérez and Amy Simon, Heartwired: Human Behavior, Strategic Opinion Research and the Audacious Pursuit of Social Change (Strate­gies for Good and Goodwin Strategic Research, 2017), 48, heartwired forchange .com.

596 Microtargeting had been: Sasha Issenberg, The Victory Lab: The Secret Science of Winning Campaigns (New York: Crown, 2012).

79. Four Ballots

599 In Olympia, Washington, where nearly two years earlier: Pamela M. Prah, “Gay Marriage Question to Appear on 2012 Ballots,” Stateline, January 12, 2012.

600 “It’s time”: Prah, “Gay Marriage Question to Appear on 2012 Ballots.”

600 The bill passed the senate: Paul Schindler, “Ballot Fight Looms in Maryland,”

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Gay City News, February 29, 2012; Sabrina Tavernise, “Short Votes, Md. Demo­crats Withdraw Same-Sex Marriage Act,” New York Times, March 11, 2011.

600 “This is a distance run”: Tavernise, “Short Votes, Md. Democrats Withdraw.”

600 O’Malley began 2012 by declaring: Annie Linskey, “Searching Souls on Gay Marriage,” Baltimore Sun, February 19, 2012; Lisa Keen, “Maryland House Passes Marriage Bill,” Keen News Service, February 17, 2012.

600 “beginning a process”: Sabrina Tavernise, “Maryland House Passes Same-Sex Marriage Bill,” New York Times, February 17, 2012.

601 State senator Ed Murray, a longtime gay-rights activist: Matt Baume, Defining Marriage: Voices from a Forty-Year Labor of Love (Createspace Independent Pub­lishing Platform, 2015), 281–84.

601 execute a masterful legislative strategy: Lisa Keen, “Washington Takes Big Leap, but Effort to Repeal Looms,” Keen News Service, February 9, 2012.

601 With their focus on lawmakers: Lisa Keen, “Washington, Oregon, Take Different Paths to Marriage,” Keen News Service, November 16, 2011.

602 “One Man Guides the Fight”: Erik Eckholm, “One Man Guides the Fight Against Gay Marriage” New York Times, October 9, 2012.

602 “diabolically smart and creative”: Eckholm, “One Man Guides the Fight.”

602 collaboration between a cautious court: Anthony Michael Kreis, “Stages of Con­stitutional Grief: Democratic Constitutionalism and the Marriage Revolution,” University of Pennsylvania Journal of Constitutional Law 20, no. 4 (March 2018), 912–15.

603 flocked to the new edge: Nathaniel Persily, “Gay Marriage, Public Opinion and the Courts, Faculty Scholarship at Penn Law (2006), 40–42.

603 Polls from the Pew Research Center: “Majority Continues To Support Civil Unions,” Pew Research Center, October 9, 2009, www.pewforum .org.

603 In 2011, a Republican for the first time: Robert Gehrke, “Huntsman’s Civil-Union Stance May Prove Political Liability,” Salt Lake Tribune, May 12, 2011; Kirk Johnson, “National Debate About G.O.P. Hits Home in Utah,” New York Times, May 24, 2009.

603 While the shift caused Huntsman trouble: Sarah Crone, “Utah GOP Gov. Jon Huntsman, Supporter of Civil Unions, to Speak in Kalamazoo,” Kalamazoo Gazette, April 30, 2009.

604 “We have run a very strategic”: Baird Helgeson, “Same-Sex Marriage Ban Nears Defeat,” Star-Tribune, November 7, 2012.

605 “months of relatively”: “Mainstream Media in Four ‘Gay Marriage’ States At­tacking Latest Pro-Marriage Ads Featuring David & Tonia Parker,” Mass Resis­tance, November 5, 2012, www.massresistance.org.

605 “bracing for a rush”: Eckholm, “One Man Guides the Fight.”

605 The Massachusetts parents had a story: James Vaznis, “Lawsuit Invokes Religious Freedom; Parents Say Beliefs Ignored by School,” Boston Globe, May 4, 2006.

605 Along with another set of parents: Jonathan Saltzman, “Same-Sex Teaching Up­held; Lexington Parents Say They’ll Appeal,” Boston Globe, February 24, 2007.

605 A federal judge ruled that the parents: Parker v. Hurley, 514 F.3d 87.

605 In 2008, the U.S. Supreme Court refused: Kathleen Gilbert, “Mandatory Homo­sexual Indoctrination in Grade School Survives after Supreme Court Turns Down Case,” LifeSiteNews, October 8, 2008.

607 “sentiments everyone feels”: Patrick Ruffini, “The Joe-the-Plumberization of the GOP,” The Next Right, February 25, 2009 , accessed via archive.org.

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607 Several of the consultants: Jesse McKinley, “California Companies Fight Same-Sex Marriage Nationwide,” New York Times, December 13, 2009.

607 “I’m not going to blow their cover”: McKinley, “California Companies Fight Same-Sex Marriage Nationwide.”

608 Even though NOM had sublet: Monica Hesse, “Opposing Gay Unions with Sanity and a Smile,” Washington Post, August 28, 2009.”

609 The National Organization for Marriage remained: “2011–2012 Ballot Measure Overview,” Follow the Money, March 3, 2014, www .followthemoney.org.

609 A documentary film: Amy Kaufman, “The Roots of ‘8: The Mormon Proposi­tion,’ ” Los Angeles Times, June 21, 2010; Jen Chaney, “ ‘8: The Mormon Proposi­tion’: Audacious Look at Church’s Role in Gay-Marriage Ban,” Washington Post, January 30, 2010.

609 The next year, the LDS Church: Lisa Wangsness, “In Ads, Mormons Introduce Themselves,” Boston Globe, June 20, 2011.

609 As 2012 approached, the LDS Church: J. B. Haws, The Mormon Image in the Amer­ican Mind: Fifty Years of Public Perception (New York: Oxford University Press, 2013), chap. 10.

610 “a mystery to even the Mormons”: Wangsness, “In Ads, Mormons Introduce Themselves.”

610 Baltimore’s archbishop, William E. Lori: Daniela Altimari, Jean Marbella, and Mary Gail Hare, “Bridgeport Bishop William Lori Named Archbishop of Balti­more,” Hartford Courant, March 20, 2012; John Wagner, “Archbishop of Baltimore to Headline Event for Same-Sex Marriage Opponents,” Washington Post, Sep­tember 24, 2012.

610 Seattle’s archbishop, J. Peter Sartain: Janet I. Tu and Jayme Fraser, “Low-Profile Seattle Archbishop Not Afraid of Controversies,” Seattle Times, August 4, 2012.

610 Maine’s Portland diocese had: Tyler Evilsizer, “the Money Behind the Maine Marriage Measure,” Follow the Money, November 5, 2009, www .followthemoney .org.

610 “I fear I’ll be remembered”: Bill Nemitz, “Documentary Clips Show Sad Face of Yes on 1,” Portland Press-Herald, April 17, 2011.

611 “winner’s remorse”: Nemitz, “Documentary Clips Show Sad Face of Yes on 1.”

611 The next year in Maine, NOM attempted: Nat’l Org. for Marriage v. Me. Comm’n on Governmental Ethics, Superior Court Action Docket No. AP-10-12.

611 Only five individuals: “2011–2012 Ballot Measure Overview.”

611 The 2012 public-disclosure reports: “2011–2012 Ballot Measure Overview.”

611 “You didn’t see Jeff Bezos”: Thomas Wheatley, interview by Martin Meeker, 2016, “Thomas Wheatley on Field Organizing with Freedom to Marry,” Oral History Center, The Bancroft Library, University of California, Berkeley, 23.

611 Overall, more than two-thirds: “2011–2012 Ballot Measure Overview.”

612 While Freedom to Marry claimed the results: Lisa Keen, “Beyond the Blue: Why Marriage Won This Time,” Keen News Service, November 28, 2012.

613 With fifteen minutes left: Julie Bolcer, “The Moment of Victory in Minnesota,” The Advocate, November 8, 2012.

80. Dooming DOMA

617 her first in federal court: Gill v. Office of Personnel Management, 699 F. Supp. 2d 374.

617 cited thenceforth by its unenthusiastic backers: Bill Clinton, “It’s Time to Over­turn DOMA,” Washington Post, March 7, 2013.

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617 the Parker House’s history: Susan Wilson, Heaven, by Hotel Standards: The History of the Omni Parker House (Boston: Omni Parker House, 2014), 10.

618 stop on the 2001 statewide tour: Beth Berlo, “Marriage Lawsuit Filed on Behalf of Seven Couples,” Bay Windows, April 12, 2001.

618 held the triumphant press conference: Laura Kiritsy, “Court Rules Couples May Wed,” Bay Windows, November 18, 2003.

618 celebrate the court’s ruling: Laura Kiritsy, “SJC: Civil Unions Don’t Cut It,” Bay Windows, February 5, 2004.

618 Being forced to keep: Jonathan Saltzman, “Same-Sex Spouses Challenge US Curbs, Call Marriage Act Discriminatory,” Boston Globe, May 3, 2009.

618 GLAD ran ads: Jonathan Saltzman, “Massachusetts Group Girding for Fight to Expand Rights of Same-Sex Married Couples,” Boston Globe, November 5, 2007.

619 Their client, Dean Hara: Jill Lawrence, “Congressional Spouse a Man of the House,” Washingtonian, July 1996.

619 on the couple’s one-year anniversary: Carol Beggy and Mark Shanahan, “Names: Old Married Couple,” Boston Globe, May 16, 2005.

619 The pair had been living: Philip Shishkin, “The Battle over Benefits for Same-Sex Spouses; Lawsuit Seeks Same Rights Straight Couples Possess; Opponents Fear Campaign to Advance Gay Marriage Nationally,” Boston Globe, May 21, 2009.

620 After Studds died: Paul Schindler, “Gerry Studds Is Dead at 69,” Gay City News, October 21, 2006.

620 nearly all the debate: Patrick J. Borchers, “The Essential Irrelevance of the Full Faith and Credit Clause to the Same-Sex Marriage Debate,” Creighton Law Review 38, no. 2 (2005), 253–54.

620 “Powers Reserved to the States”: U.S. Congress, House, Defense of Marriage Act, HR 3396, 104th Cong., introduced in House May 7, 1996.

621 Many scholars concluded: Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (New Haven: Yale University Press, 2006), 114–36.

622 when the legislature rejected: Pam Belluck, “Bid to Ban Gay Marriage Fails in Massachusetts,” New York Times, June 14, 2007.

622 one of his party’s most consistent opponents: Mary Leonard, “GOP Divided on Marriage Amendment,” Boston Globe, March 28, 2004.

622 several of her peers: Nathaniel Frank, Awakening: How Gays and Lesbians Brought Marriage Equality to America (Cambridge, MA: The Belknap Press of Harvard University, 2017), 289.

622 “This is a case”: Saltzman, “Same-Sex Spouses Challenge.”

81. Dave & Ted’s Excellent Adventure

623 Rob Reiner and his wife Michele invited: Jo Becker, Forcing the Spring: Inside the Fight for Marriage Equality (New York: The Penguin Press, 2014), 29.

623 What became known: Strauss v. Horton, 46 Cal.4th 364.

623 through a variety of claims: Arthur S. Leonard, “Cal Supreme Court May Split Decision,” Gay City News, May 6, 2009.

623 The case had been argued: Aurelio Rojas, “Proposition 8: Supreme Court Show­down; Dueling Attorneys a Study in Opposites,” Sacramento Bee, May 1, 2009.

623 arrived unsure: Becker, Forcing the Spring, 30.

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623 worked with the Reiners: Sabin Russell, “Star Power Fuels Push for Prop. 10; ‘Rob Reiner Initiative’ Has Steep Cigarette Tax,” San Francisco Chronicle, Octo­ber 22, 1998.

624 increase funding for early-childhood education: Dan Morain, “Reiner Quits First 5 Panel,” Los Angeles Times, May 30, 2006.

624 They were joined: Chuleenan Svetvilas, “Challenging Prop. 8: The Hidden Story,” California Lawyer, January 2010.

624 sought to have a 2000 amendment: Citizens for Equal Protection v. Bruning, No. 05-2604.

624 “is not about marriage”: Citizens for Equal Protection v. Bruning, No. 05-2604, plaintiffs’ brief, October 21, 2005.

625 “We think, strategically”: David Kravets, “Two Paths Toward One Goal: Same-Sex Marriage,” Associated Press, April 2, 2006.

625 lawsuit by Arthur Smelt: Smelt v. County of Orange, 374 F. Supp. 2d 861.

625 The pair dissolved: Smelt v. County of Orange, 447 F.3d 673.

625 “would have told Dred Scott”: Kravets, “Two Paths Toward One Goal.”

625 would take effect in July 2008: Rachel Gordon, Chris Heredia, and Jill Tucker, “Same-Sex Weddings Start with Union of Elderly San Francisco Couple,” San Francisco Chronicle, June 7, 2008.

626 At the Reiners’ home: Becker, Forcing the Spring, 29.

626 took to describing himself: Ned Martel, “New Head of Human Rights Campaign Aims to Stop Losing Streak for Gay Marriage,” Washington Post, July 25, 2015.

626 Griffin had not come out: Leslie Newell Peacock, “From Wal-Mart to the White House,” Arkansas Times, December 10, 2009.

627 “It has to have”: Becker, Forcing the Spring, 32.

627 claiming it would wait: Chuleenan Svetvilas, “Challenging Prop. 8: The Hidden Story,” California Lawyer, January 2010.

627 although many belonged to: Ted Johnson, “Hollywood Rallies Against Prop. 8; Rob Reiner, Bruce Cohen on Board of New Org,” Daily Variety, June 3, 2009.

627 “the lawyers Microsoft is going to want”: Margaret Talbot, “A Risky Proposal,” New Yorker, January 18, 2010.

627 Gibson Dunn agreed: Ross Todd, “Marriage Brokers: Behind the Scenes of the Odd Couple’s Groundbreaking Litigation,” American Lawyer, March 11, 2011.

627 “greenlighted”: Becker, Forcing the Spring, 31.

627 “We did not want to have”: Svetvilas, “Challenging Prop. 8.”

627 the California Supreme Court released: Strauss v. Horton, 46 Cal.4th 364.

627 In the same ruling: “18,000 Same-Sex Marriages Ruled Lawful; Court Upholds Prop 8 Decision: Opponents of Gay-Wedding Ban Rally, Vow to Launch Repeal Campaign,” Los Angeles Daily News, May 27, 2009.

628 He and Olson had first met: Talbot, “A Risky Proposal.”

628 the 1967 case that had helped: Loving v. Virginia, 388 US 1.

628 “There will be many people”: Lisa Leff, “Gay Rights Groups Question Timing of Federal Suit to Overturn California Same-Sex Marriage Ban,” Associated Press, May 27, 2009.

628 plaintiffs had been the last piece: Becker, Forcing the Spring, 36.

629 “major casting call”: Becker, Forcing the Spring, 35.

629 identified via personal ties: Becker, Forcing the Spring, 37.

629 While GLAD published: Gay & Lesbian Advocates & Defenders, DOMA Stories: How Federal Marriage Discrimination Hurts American Families (GLAD, 2011).

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629 “this is not going to be a case”: Talbot, “A Risky Proposal.”

629 “Reasonable minds can differ”: Leff, “Gay Rights Groups Question Timing.”

629 much of the coverage centered: Jo Becker, “The Road to Championing Same-Sex Marriage,” New York Times, August 18, 2009.

630 actually extended the invitation first: Becker, Forcing the Spring, 39.

631 “Federal court?”: Jesse McKinley, “Bush v. Gore Foes Join to Fight Gay Marriage Ban,” New York Times, May 27, 2009.

631 all white and in their thirties: Becker, Forcing the Spring, 39.

631 “Look at the perfect gay people”: Rich Juzwiak, “Look at the Perfect Gay Peo­ple: ‘The Case Against 8,’ ” Gawker, June 24, 2014.

631 “unnecessary dispute”: Perry v. Schwarzenegger, NO. C 09-02292 JW, Plaintiffs, Statement of Non-Opposition to Proposed Intervenors’ Motion to Intervene, June 11, 2009.

631 “Having declined to bring”: Andrew Davis, “Anti-Prop 8 Lawyers Reject Gay Groups,” Windy City Times, August 26, 2009.

632 “We are very close”: Perry v. Schwarzenegger, NO. C 09-02292 JW, Pretrial Status Conference Transcript, July 2, 2009.

632 “I’m reasonably sure”: “We are very close”: Perry v. Schwarzenegger, pretrial tran­script.

632 Choosing to stage a trial: Kenji Yoshino, Speak Now: Marriage Equality on Trial (New York: Crown, 2014), 8.

632 While 20 percent of federal civil cases: John H. Langbein, “The Disappearance of Civil Trial in the United States,” Yale Law School Faculty Scholarship Series, Paper 4825, 2012.

633 “As far as our research has been able to turn up”: Perry v. Schwarzenegger, pretrial transcript, 24.

633 Even before the judge had decided: Perry v. Schwarzenegger, NO. C 09-02292 JW, ACLU “[Proposed] Case Management Statement,” August 17, 2009.

633 The Our Families Coalition would be kept out: Perry v. Schwarzenegger, pretrial transcript, August 8, 2009.

633 granted the plaintiffs’ begrudging proposal: Dan Levine, “Rights Groups Shut Out of Prop 8; Walker: S.F. Can Join Challenge, but Not Lambda, ACLU,” The Recorder, August 20, 2009.

633 petition received more attention: Mike McKee, “Infighting Roils Prop 8 Chal­lenge; Gay Groups Want to Intervene, but Boies/Olson Wary,” The Recorder, July 21, 2009.

633 initiated the entire cycle: Lyle Denniston, “City Says Gays Have Right to Stay Married; Lawyer Argues Couples Deserve Due Process,” Boston Globe, April 22, 2004.

634 “it should be the City alone”: Svetvilas, “Challenging Prop. 8.”

82. Duty to Defend

635 retirement of Justice David Souter: Adam Nagourney and Jeff Zeleny, “Wash­ington Prepares for Fight over Any Nominee,” New York Times, May 1, 2009.

635 nonetheless challenged repeatedly: U.S. Congress, Senate, Judiciary Committee, “Confirmation Hearing on the Nomination of Hon. Sonia Sotomayor, to be an Associate Justice of the Supreme Court of the United States,” July 13, 2009.

635 Roberts was not interrogated at all: U.S. Congress, Senate, Judiciary Commit­

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tee, “Confirmation Hearing on the Nomination of John G. Roberts, to be Chief Justice of the Supreme Court of the United States,” September 12, 2005.

635 asked Alito if he believed: U.S. Congress, Senate, Judiciary Committee, “Con­firmation Hearing on the Nomination of Samuel A. Alito, Jr., to be an Associate Justice of the Supreme Court of the United States,” January 9, 2008.

635 “opportunity to come back tomorrow”: U.S. Congress, Senate, Judiciary Com­mittee, “Confirmation Hearing on the Nomination of Hon. Sonia Sotomayor, to be an Associate Justice of the Supreme Court of the United States,” July 13, 2009.

636 “If the Supreme Court”: U.S. Congress, Senate, Judiciary Committee, “Confir­mation Hearing on the Nomination of Hon. Sonia Sotomayor, to be an Associate Justice of the Supreme Court of the United States,” July 13, 2009.

636 gay activists were divided: Paul Schindler, “HRC Shifts, Actively Pushing Bar­ney Frank’s ENDA,” Gay City News, November 6, 2007.

637 Obama was afraid: Nathaniel Frank, “Obama’s False ‘Don’t Ask, Don’t Tell’ Nar­rative,” New Republic, February 19, 2013.

637 “The President and I feel”: Fox News, “Transcript: Secretary Gates on ‘FNS,’ ” Fox News Sunday, March 29, 2009.

637 An appeals court ruled: Witt v. Dept. of Air Force, 548 F.3d 1264.

637 “takes the issue off”: Jess Bravin and Laura Meckler, “Obama Avoids Test on Gays in Military,” Wall Street Journal, May 21, 2009.

637 The catalyst again came: Sam Miller, “No Same-Sex Weddings in O.C. Yet,” Orange County Register, May 17, 2008.

637 appeals court judge decided not to consider: Smelt v. County of Orange, 447 F.3d 673.

637 By legalizing same-sex unions: Arthur S. Leonard, “Battling over ‘Revision’; Legal Challenges to Prop 8 Raise Technical and Constitutional Questions,” Gay City News, November 12, 2008.

638 “the refusal of all states and jurisdictions”: Smelt v. US, Notice of Removal by USA, PB-CA-0035-0001.

638 awaiting a reply from the federal government: Arthur S. Leonard, “Obama Administration Versus Candidate Obama,” Gay City News, June 14, 2009.

638 review of the president’s options: Daniel J. Meltzer, “Executive Defense of Con­gressional Acts,” Duke Law Journal 61, no. 6 (March 2012): 1183–236.

638 Obama had run for national office: Leonard, “Obama Administration Versus Candidate Obama.”

638 The role of the executive branch: David Barron, “Constitutionalism in the Shadow of Doctrine: The President’s Non-Enforcement Power,” Law and Con­temporary Problems 63, nos. 1–2 (Winter/Spring 2000): 61–106 (January 2008): 689–804.

638 far more work to do: Charlie Savage, Power Wars: Inside Obama’s Post-9/11 Presi­dency (New York: Little, Brown and Company, 2015).

639 deadline approached for the government’s response: Smelt v. United States, SACV-09-00286.

639 report the House Judiciary Committee had issued: House Judiciary Committee report on Defense of Marriage Act, H.R. 3396, July 6, 1996.

639 “DOMA does not discriminate”: Smelt v. United States, SACV-09-00286, reply brief from Justice Department, June 11, 2009.

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639 bloggers who were closely watching: Chris Geidner, “Obama’s DOJ Did Not Have to Go This Far,” LawDork, June 12, 2009, accessed via archive.org.

639 “Our president had a choice”: John Aravosis, “Obama DOJ Lies to Politico in Defending Hate Brief Against Gays,” AMERICAblog, June 12, 2009, accessed via archive.org.

639 “Any gay person who attends”: John Aravosis, “Are Barney Frank, Tammy Bald­win, Howard Dean and Jared Polis Really Going to Honor Biden at a Gay DNC Fundraiser This Month?” AMERICAblog, June 12, 2009, accessed via archive .org.

640 Obama summoned advisers: Kerry Eleveld, Don’t Tell Me to Wait: How the Fight for Gay Rights Changed America and Transformed Obama’s Presidency (New York: Basic Books, 2015) 87–88.

641 “I think we all have to acknowledge”: Duncan Osborne, “Limited Benefits for Fed Workers; With Fanfare, Obama Announces Partner Rights, but No Health Insurance,” Gay City News, June 18, 2009.

641 have a passport reissued: John R. Ellement, “Same-Sex Couples Allowed to Use Spouses’ Surnames on Passports,” Boston Globe, June 18, 2009.

641 refiled an amended complaint: Hannah Clay Wareham, “GLAD Amends Com­plaint in DOMA Lawsuit,” Bay Windows, August 6, 2009.

83. Facts of the Matter

643 The first witnesses called: Perry v. Schwarzenegger, NO. C 09-02292 JW trial tran­script, January 11, 2010.

643 “I think the timeline for us”: Perry v. Schwarzenegger, trial transcript, January 11, 2010.

644 “taking away of the right to marriage”: Perry v. Schwarzenegger, trial transcript, January 11, 2010.

644 struck down antisodomy laws: Lawrence v. Texas, 539 US 558.

644 Olson could make Cooper’s project: Kenji Yoshino, Speak Now: Marriage Equality on Trial (New York: Crown, 2014), 120.

644 Olson’s opening argument made: Perry v. Schwarzenegger, trial transcript, Janu­ary 11, 2010, 18.

645 “Assume that you have”: Perry v. Schwarzenegger, NO. C 09-02292 JW, pretrial conference transcript, October 14, 2009, 22.

645 “is this institution designed”: Perry v. Schwarzenegger, trial transcript, January 11, 2010, 60.

646 Olson and Boies put forward: Perry v. Schwarzenegger, NO. C 09-02292 JW, plain­tiffs’ and plaintiff intervenor’s trial witness list, December 7, 2009.

646 ACLU attorneys laid out a plan: Perry v. Schwarzenegger, NO. C 09-02292. JW, ACLU “[Proposed] Case Management Statement,” August 17, 2009.

647 “Plaintiffs have not persuaded”: Hernandez v. Robles, 7 N.Y.3d 338.

647 Maryland appeals court dismissed: Arthur S. Leonard, “Maryland Judges In­scrutable; A Surprisingly Quiet Maryland Court of Appeals Heard Oral Argu­ments in the Pending Same-Sex Marriage Case on December 4,” Gay City News, December 7, 2006.

647 “The court doesn’t have to disparage”: Kelly Brewington, “Gay Marriage Case in Md. Court; State’s Highest Court Weighs Right to Wed Judges,” Baltimore Sun, December 5, 2006.

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647 Trials had proven particularly effective: Suzanne B. Goldberg, “Constitutional Tipping Points: Civil Rights, Social Change, and Fact-Based Adjudication,” Columbia Law Review 106, no. 8 (December 2006): 1955–2022.

647 “there is no factual basis”: Howard v. Arkansas, CV 1999-9881, Ark. Circuit Ct. Pulaski County, December 29, 2004.

647 “flies in the face of the evidence”: Human Servs. v. Howard, 367 Ark. 55.

647 Florida circuit court reached: Yolanne Almanzar, “Florida Gay Adoption Ban Is Ruled Unconstitutional,” New York Times, November 25, 2008.

648 “In addition to the volume”: Florida Dept. v. Adoption of X.X.G., District Court of Appeal of Florida, Third District 45 So. 3d 79 (Fla. Dist. Ct. App. 2010).

648 “In the trial-management statement they presented”: Perry v. Schwarzenegger, NO. C 09-02292 JW, ACLU “[Proposed] Case Management Statement,” August 17, 2009.

648 when barely one-quarter of Americans: Pew Research Center, “Growing Public Support for Same-Sex Marriage,” February 16, 2012, www.pewresearch.org.

649 promoted not as “debates”: Perry v. Schwarzenegger, NO. C 09-02292 JW, ACLU, trial transcript, January 26, 2010.

649 “There certainly has been a good deal”: Bob Egelko, “Prop. 8 Trial Will Be Shown on YouTube,” San Francisco Chronicle, January 7, 2010.

649 the Supreme Court scratched the camera plan: Hollingsworth v. Perry, per-curiam opinion from U.S. Supreme Court on broadcast question, January 13, 2010.

649 Cooper mentioned only one: Perry v. Schwarzenegger, trial transcript, January 26, 2010.

649 By the time he took the stand: Perry v. Schwarzenegger, trial transcript, January 26, 2010.

650 His doctoral work had been: David Blankenhorn, “Cabinet Makers in Victorian Britain: A Study of Two Trade Unions,” unpublished MA dissertation, Univer­sity of Warwick, UK, October 1978.

650 “any scientific study of what effects”: Perry v. Schwarzenegger, trial transcript, January 26, 2010.

650 “The objection is that the witness”: Perry v. Schwarzenegger, trial transcript, Janu­ary 26, 2010.

650 “Insofar as we are a nation”: David Blankenhorn, The Future of Marriage (New York: Encounter Books, 2007), 2.

650 “I’d like to take some time”: Perry v. Schwarzenegger, trial transcript, January 27, 2010.

651 “That the Prop 8 proponents employed”: Frank Rich, “Two Weddings, a Divorce and ‘Glee,’ ” New York Times, June 12, 2010.

651 “losing friends, being told I’m”: Duncan Osborne, “Pro-Prop 8 Witness Laments Reaction,” Gay City News, August 4, 2010.

652 “Naturally we would like to move”: Sofia Resnick, “Conservative-Backed Study Intended to Sway Court on Gay Marriage,” American Independent, March 10, 2013.

84. Appealing Stuff

653 subsequently celebrated as members: Joel Klein “2010 Time 100: David Boies and Theodore Olson,” Time, April 29, 2010.

653 Bonauto faced a judge: Lisa Keen, “Mass. Likens DOMA to Colorado Initiative That Supreme Court Struck Down,” Keen News Service, June 27, 2010.

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653 too many to be seated together: Jonathan Saltzman, “Case Is Made vs. US Marriage Law; Court Hears Gay Group’s Challenge,” Boston Globe, May 7, 2010.

654 “final word on the state constitution”: Shelley Murphy and Jonathan Saltzman, “US Judge Vows Swift Ruling on Injunction,” Boston Globe, May 13, 2004.

654 back the litigation with a parallel challenge: “Massachusetts Takes On DOMA,” Gay City News, July 10, 2009.

654 “forces the state to discriminate”: Lisa Keen, “Mass. Likens DOMA to Colorado Initiative.”

654 “This presidential administration disagrees”: Saltzman, “Case Is Made vs. US Marriage Law.”

654 “It’s really a question for them”: Katharine Q. Seelye, “Marriage Law Is Chal­lenged as Equaling Discrimination,” New York Times, May 7, 2010.

655 “sham trial”: Maggie Gallagher, “Obama Sabotages Defense of Marriage Act,” Human Events, July 14, 2010.

655 “This assertion merely begs”: Commonwealth of Mass. v. U.S. D. of Health Human SVCS, 698 F. Supp. 2d 234.

655 A month later on the West Coast: Arthur S. Leonard, “With Sweeping Clarity, Prop 8 Struck Down,” Gay City News, August 4, 2010.

655 “The trial evidence provides no basis”: Perry v. Schwarzenegger, 704 F. Supp. 2d 921.

655 Connecticut’s high court ruled: Arthur S. Leonard, “Rejecting Civil Union Path, Connecticut Supreme Court Orders Full Marriage Equality,” Gay City News, October 10, 2008.

656 “I think about it as building blocks”: Ariel Levy, “The Perfect Wife,” New Yorker, September 30, 2013.

658 one major gay-rights case to her name: Anemona Hartocolis, “N.Y. Court Up­holds Gay Marriage Ban,” New York Times, July 6, 2006.

658 more than a year into working: Roberta Kaplan with Lisa Dickey, Then Comes Marriage: United States v. Windsor and the Defeat of DOMA (New York: W. W. Nor­ton & Co., 2015), 114–18.

658 “if Thea was Theo”: Nina Totenberg, “Meet the 83-Year-Old Taking On the U.S. over Same-Sex Marriage,” NPR, March 3, 2013.

658 “She had to be prepared”: Kaplan with Dickey, Then Comes Marriage, 118.

659 heard old-time New York lawyers describe: Robbie Kaplan, “ ‘It’s All About Edie, Stupid’: Lessons from Litigating US v. Windsor,” Columbia Journal of Gender and Law (May 22, 2014).

659 organizations had slackened their resistance: Arthur S. Leonard, “New Thrusts at DOMA,” Gay City News, November 24, 2010.

659 Lambda Legal had signed on to: Golinski v. U.S. Office of Personnel Management, 781 F. Supp. 2d 967, Defendants’ Supplemental Brief in Response to Court Order of October 15, 2010.

659 “You never know how the litigation”: James Esseks, “On Legal Strategy, the ACLU, and LGBT Legal Organizations,” Freedom to Marry Oral History Proj­ect, The Bancroft Library, University of California, Berkeley, 2015.

659 She had cast Pedersen: Pedersen v. Office of Personnel Mgmt., 881 F. Supp. 2d 294.

660 concurrent press conferences to advance: Lisa Keen, “Two More DOMA Court Challenges Filed; Five Cases Now Pending,” Keen News Service, November 9, 2010.

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85. Inaction Hero

662 “at every juncture, developments in the law of same-sex marriage”: Katherine Shaw, “Constitutional Nondefense in the States,” Columbia Law Review 114, no. 2 (March 2014).

662 second time in 2007: Jill Tucker, “Schwarzenegger Vetoes Same-Sex Marriage Bill Again,” San Francisco Chronicle, October 12, 2007.

662 Schwarzenegger told the court: Perry v. Schwarzenegger, 704 F. Supp. 2d 921, An­swer to Complaint for Declaratory, Injunctive, or Other Relief, June 16, 2009.

662 had signed the first state bill: “Gay Marriage Ban Gets Approval,” NewsWest, April 28, 1977.

662 That left California without: Maura Dolan, “Schwarzenegger Decides Against Defending Prop. 8 in Federal Court,” Los Angeles Times, June 18, 2009.

662 both he and ticketmate Kamala Harris: Matt Baume, “Kamala Harris Vows to Abandon Prop 8,” NBC Bay Area, December 2, 2010.

662 California-based federal judge ruled: John Schwartz, “Judge Rules That Military Policy Violates Rights of Gays,” New York Times, September 9, 2010.

663 Obama would face a choice: “DOMA, DADT, and the Duty to Defend: A Con­versation,” The National LGBT Bar Association, October 18, 2010.

663 voted by a large, bipartisan margin: Carl Hulse, “Senate Repeals Ban on Gays Serving Openly in Military,” New York Times, December 18, 2010.

664 “I’m always looking for a way”: Kerry Eleveld, “Obama: ‘Prepared to Imple­ment,’ ” The Advocate, December 22, 2010.

664 calling the “Sarah Palin Test”: Marc Solomon, Winning Marriage: The Inside Story of How Same-Sex Couples Took On the Politicians and Pundits—and Won (Lebanon, NH: ForeEdge, University Press of New England, 2014), 279.

665 “the established usages, customs and traditions”: Plessy v. Ferguson, 163 US 537.

665 typically traced to 1938: Louis Lusky, “A ‘Carolene Products’ Reminiscence,” Columbia Law Review 82, no. 6 (October 1982).

666 “part of the Court’s dramatic change”: Daniel A. Farber and Philip P. Frickey, “Is Carolene Products Dead—Reflections on Affirmative Action and the Dynamics of Civil Rights Legislation,” California Law Review 79, no. 3 (1991), Symposium: Civil Rights Legislation in the 1990s, May 1991.

666 isolated the criteria necessary: Frontiero v. Richardson, 411 U.S. 677, 93 S. Ct. 1764 (1973).

666 taught at the University of Chicago: Jodi Kantor, “Inside Professor Obama’s Classroom,” The Caucus, New York Times, July 30, 2008.

666 “Con Law III” covered equal protection: David J. Garrow, Rising Star: The Mak­ing of Barack Obama (New York: HarperCollins, 2017), 614.

667 “I’m not going to put my constitutional lawyer hat”: Kerry Eleveld, “Obama: ‘Prepared to Implement,’ ” The Advocate, December 22, 2010.

668 “neither Romer nor Lawrence mandate”: Cook v. Gates, 528 F.3d 42.

668 “Now they are being asked”: Charlie Savage, “Lawsuits on Same-Sex Marriage Challenge Obama Administration,” New York Times, January 28, 2011.

669 Eliot Spitzer had enforced: Pam Belluck, “Gays Elsewhere Eye Marriage Mas­sachusetts Style,” New York Times, May 14, 2004.

670 redoubts of quiet policymaking: Anthony Michael Kreis, “Stages of Constitu­tional Grief: Democratic Constitutionalism and the Marriage Revolution,” Uni­versity of Pennsylvania Journal of Constitutional Law 20, no. 4 (March 2018), 975.

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670 After Governor Martin O’Malley said: John Wagner, “O’Malley Says Md. Should Recognize Rights of Gay Couples Married Elsewhere,” Washington Post, July 9, 2009.

670 Gansler ordered state agencies: Arthur S. Leonard, “Maryland AG: No Bar to Recognizing Out-of-State Marriages,” Gay City News, February 24, 2010.

670 recognized as married at home: Chad Bray, “Two New Lawsuits Filed Challeng­ing U.S. Law Defining Marriage,” Wall Street Journal, November 9, 2010.

670 litigators who saw their Washington trips: James Esseks, “Don’t Postpone Joy: Taking Down the Defense of Marriage Act (DOMA),” in Love Unites Us: Winning the Freedom to Marry in America, ed. Kevin M. Cathcart and Leslie J. Gabel-Brett (New York: The New Press, 2016), 214.

670 “I’m asking you for an extension”: Roberta Kaplan with Lisa Dickey, Then Comes Marriage: United States v. Windsor and the Defeat of DOMA (New York: W. W. Nor­ton & Co., 2015), 138.

86. Leading from Behind

672 “ever since I have a memory”: Jackie Calmes, “Obama Speech Interrupted by Gay Marriage Supporters,” New York Times, June 23, 2011.

672 “ultimately decided that a same-sex relationship”: David J. Garrow, Rising Star: The Making of Barack Obama, paperback ed., (New York: HarperCollins, 2018), 113.

672 The first house of worship to pass: Jon Yoshihige, “Same-Sex Marriages Get Backing,” Honolulu Advertiser, June 14, 1991.

672 had been Obama’s boyhood Sunday school: Pat Gee, “Isle Church Honored by Obama’s Visit,” Honolulu Star-Bulletin, January 6, 2009.

673 Obama mounted his first campaign: Ryan Lizza, “Making It,” New Yorker, July 21, 2008.

673 Wolfson’s “the State”: Evan Wolfson, “Altared States: Attorney Evan Wolfson Ar­gues the Case for Marriage,” 10 Percent, May 1995.

673 Illinois legislators would face their first bill: Michael Dizon, “Senate Approves a Ban on Same-Sex Marriages,” Chicago Tribune, March 29, 1996.

673 “up against a progressive incumbent”: Timothy Stewart-Winter, “Putting Obama’s Questionnaire in Context,” Windy City Times, January 14, 2009.

674 Obama’s advertising would style him: Garrow, Rising Star, 680.

674 already being spoken of as a promising contender: Garrow, Rising Star, 520.

674 Obama said he would cosponsor: Tracy Baim, Obama and the Gays: A Political Mar­riage (Chicago: Prairie Avenue Productions, 2010), 12.

674 Obama similarly developed a habit: Raymond Hernandez and Christopher Drew, “It’s Not Just ‘Ayes’ and ‘Nays’: Obama’s Votes in Illinois Echo,” New York Times, December 20, 2007.

674 Obama cultivated a record: “Making History: Obama’s Marriage Views Changed,” Windy City Times, January 14, 2009.

674 appearing at a major fundraising banquet: Curtis Lawrence, “Gay Activists Savor Success at Fund-Raiser,” Chicago Sun-Times, January 30, 2000.

674 Obama did not respond: Baim, Obama and the Gays, 3.

674 he struggled in the black South Side neighborhoods: Salim Muwakkil, “Ironies Abound in 1st District,” Chicago Tribune, March 20, 2000.

674 “Barack is viewed in part”: Ted Kleine, “Is Bobby Rush in Trouble?” Chicago Reader, March 16, 2000.

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675 “Ironically, the ruling hurt more”: Mark Brown, “Meet Gays’ New Enemy in Springfield: Democrats,” Chicago Sun-Times, November 20, 2003.

675 “the civil rights issue of our era”: Eric Krol, “Only One Candidate Backs Gay Marriage,” Arlington Heights (IL) Daily Herald, February 15, 2004.

676 “President Bush and I disagree”: “Obama In 2004: ‘I Don’t Think Marriage Is A Civil Right,’ ” RealClearPolitics, May 8, 2012.

676 “primarily just as a strategic issue”: Baim, Obama and the Gays, 24.

676 “it’s not just the marriage issue”: Eric Krol, “Then and Now: Obama’s Views on Gay Rights,” Arlington Heights (IL) Daily Herald, March 26, 2007.

676 “I believe changing the federal definition”: Garrow, Rising Star, 846.

676 Even though he appeared: Baim, Obama and the Gays, 27.

677 “The unrecorded portion of our discussion”: Baim, Obama and the Gays, 19.

677 “What I believe, in my faith”: “Election Special,” WTTW, Chicago Tonight, debate moderated by Phil Ponce, October 26, 2004.

677 “My view is that we should try”: “Barack Obama on Gay Rights,” OnTheIssues, 2008, ontheissues.org.

678 “felt that by bringing religion”: Barack Obama, The Audacity of Hope: Thoughts on Reclaiming the American Dream (New York: Crown, 2006), 349–50.

678 “I’m just not very good at bullshitting”: David Axelrod, Believer: My Forty Years in Politics (New York: Penguin Press, 2015), 447.

678 In 2008, only also-rans: Alex Koppelman, “The Democrats’ ‘Gay Debate’ Dance,” Salon, August 11, 2007.

679 “I believe that marriage”: Paul Schindler, “McCain, Obama Define Marriage the Same, Defend It Differently,” Gay City News, August 21, 2008.

679 “It is difficult to comprehend”: Joe Solmonese, “Obama’s Inaugural Mistake,” Washington Post, December 19, 2008.

679 “However, in 2008 I did donate”: Jonathan Lewis, “Mr. President: If Not Now, When?” Huffington Post, April 27, 2012.

679 “For many years, we had tried”: Kenneth P. Vogel, “The Sons (and Daughters) of Donors Also Rise,” Politico, December 1, 2014.

680 Lewis quietly seeded a new group: Kerry Eleveld, Don’t Tell Me to Wait: How the Fight for Gay Rights Changed America and Transformed Obama’s Presidency (New York: Basic Books, 2015), 126.

680 “What is it about what we are doing”: Marc Ambinder, “Outing the Debate,” National Journal, December 9, 2010.

680 Jerrold Nadler introduced a bill: “DOMA Repeal Bill Introduced,” Gay City News, September 17, 2009.

681 “On the issue of same-sex marriage”: Eleveld, Don’t Tell Me to Wait, 195.

681 Acceptance of same-sex marriage in the District of Columbia: Keith L. Alexan­der, “Judge Declines to Delay Enactment of Law Recognizing Gay Marriage,” Washington Post, July 1, 2009.

681 By the time four years later that he screened: Mark Halperin and John Heile­mann, Double Down: Game Change 2012 (New York: Penguin Press, 2013), 57.

681 Obama couldn’t avoid telling aides: Michael Hastings, Panic 2012: The Sublime and Terrifying Inside Story of Obama’s Final Campaign (New York: Blue Rider Press, 2013).

682 “attitudes evolve, including mine”: Joe Sudbay, “Transcript of Q and A with the President about DADT and Same-Sex Marriage,” AMERICAblog, October 27, 2010, americablog.com.

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682 On the day Obama signed an end: Carl Hulse, “Senate Repeals Ban on Gays Serving Openly in Military,” New York Times, December 18, 2010.

682 “My feelings about this are constantly evolving”: Russell Goldman and Huma Khan, “Obama Mulls Same-Sex Marriage,” ABC News, December 22, 2010.

87. In the Shadow of Lady Liberty

683 In November 2010, Democrats had just suffered: Paul Harris and Ewen MacAskill, “US Midterm Election Results Herald New Political Era as Republicans Take House,” The Guardian, November 3, 2010.

684 “he felt like that would be too aggressive”: Michael Crawford, “Michael Craw­ford on the Digital Campaign at Freedom to Marry: The Freedom to Marry Oral History Project,” conducted by Martin Meeker in 2016, Oral History Cen­ter, The Bancroft Library, University of California, Berkeley, 2017.

685 Obama had already been fundraising: Geoff Earle, “Big-Bucks Bam Ready for B’Way,” New York Post, June 21, 2011.

685 There were three scheduled: Julie Pace, “Obama Hits Broadway Looking for Campaign Cash,” Associated Press, June 24, 2011.

685 as a blog post by Kerry Eleveld put it: Kerry Eleveld, “What Will Obama Tell the Gays Under the Shadow of Lady Liberty?” Equality Matters, June 24, 2011, www.equalitymatters.org.

685 country’s largest gay community: David Leonhardt, “New York Still Has More Gay Residents Than Anywhere Else in U.S.,” New York Times, March 13, 2015.

685 The number of Americans able to legally marry where they lived: “Number of Americans in Same-Sex Marriage States More Than Doubles,” CNN, June 25, 2011.

685 Clinton, who had just endorsed the New York bill: Jennifer Epstein, “Bill Clin­ton Backs Gay Marriage Bill,” Politico, May 5, 2011.

686 “How about marriage?”: Kerry Eleveld, Don’t Tell Me to Wait: How the Fight for Gay Rights Changed America and Transformed Obama’s Presidency (New York: Basic Books, 2015), 223–24.

686 “He flubbed it”: Melanie Mason, Matea Gold, and Joseph Tanfani, “Gay Politi­cal Donors Move from Margins to Mainstream,” Los Angeles Times, May 13, 2012.

686 “If you were back in the Illinois legislature”: “Barack Obama on Gay Rights,” OnTheIssues, 2008, www.ontheissues.org.

687 Obama announced he was formally endorsing: Paul Schindler, “Obama Endorses Feinstein-Nadler DOMA Repeal,” Gay City News, July 21, 2011.

688 “Obama has gone from a modest favorite”: Nate Silver, “Is Obama Toast? Handi­capping the 2012 Election,” New York Times Magazine, November 3, 2011.

688 “There are things I feel strongly about”: David Axelrod, Believer: My Forty Years in Politics (New York: The Penguin Press, 2015), 445–46.

688 He had been serving as the administration’s chief liaison: Steven Ertelt, “Biden: We ‘Screwed Up’ Conscience Issues in the Mandate,” Life News, March 2, 2012.

690 The Washington Post estimated: Dan Eggen, “The Influence Industry: Same-Sex Marriage Issue Shows Importance of Gay Fundraisers,” Washington Post, May 6, 2012.

690 a CNN analysis credited them: Jen Christensen, “LGBT Donors Back President Obama, Big Time,” CNN, June 6, 2012.

690 “Gay money, in this election, has replaced”: “Chuck Todd: Gay Money in This Election Has Replaced Wall Street Money,” RealClearPolitics, May 7, 2012.

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690 In October 2011, Obama launched: Ewen MacAskill, “Obama’s ‘We Can’t Wait’ Jobs Campaign Aims to Spur Congress into Action,” The Guardian, October 24, 2011.

691 “powerful and frank”: “Mr. Obama’s Profile in Courage,” New York Times, March 19, 2008.

691 in early December traveled to Kansas: A. G. Sulzberger, “Obama Strikes Populist Chord with Speech in Kansas,” New York Times, December 6, 2011.

691 a payroll-tax cut due to expire: Alan Silverleib and Tom Cohen, “Obama Signs Payroll Tax Cut Extension,” CNN, December 24, 2011.

692 “We were going to build momentum”: Jo Deutsch, “Jo Deutsch and the Federal Campaign: The Freedom to Marry Oral History Project,” conducted by Martin Meeker in 2015, Oral History Center, The Bancroft Library, University of Cali­fornia, Berkeley, 2017.

692 “That was our snowball”: Deutsch, “Jo Deutsch and the Federal Campaign.”

692 “the New Democratic Litmus Test”: Charles Mahtesian, “Mainstreaming Gay Marriage,” Politico, May 10, 2012.

692 Stephanopoulos asked in late March: Amanda Terkel, “Top Obama Adviser Punts on Putting Marriage Equality into Dem Platform,” Huffington Post, March 25, 2012.

693 The first week of May he would formally: Joe Hallett, “Obama to Kick Off Cam­paign with Ohio State Rally on May 5,” Columbus Dispatch, April 25, 2012.

693 Host David Gregory asked: Transcript, Meet the Press, NBC News, May 6, 2012.

694 “Yes, I do”: Peter Wallsten and Dan Eggen, “Biden Comments on Same-Sex Marriage Expose Internal White House Divisions,” Washington Post, May 7, 2012.

694 That day, in his briefing: Felicia Sonmez, “White House Spokesman Grilled over Biden’s Same-Sex Marriage Comments,” Washington Post, May 7, 2012.

694 “This bit of straight talk made”: Dana Milbank, “Vice President Biden’s Gay-Marriage Gaffe Is Mess for White House,” Washington Post, May 7, 2012.

694 “single out and discriminate against”: Lisa Keen, “NC Approves Constitutional Ban: 61 to 39,” Keen News Service, May 9, 2012.

694 had taken a deep interest in a Charlotte mayoral election: Jim Rutenberg, “Team Obama Gears Up for 2012,” New York Times, November 26, 2011.

695 advisers set their plan: Gautham Raghavan, “Evolution,” in ed. Gautham Ragha­van, West Wingers: Stories from the Dream Chasers, Change Makers, and Hope Creators Inside the Obama White House (New York: Penguin Books, 2018), 16–17.

695 not yet publicly identified as a lesbian: Kathy Ehrich Dowd, “Robin Roberts Thanks Longtime Girlfriend After Health Battle,” People, December 29, 2013.

695 “I’ve been going through an evolution”: “Transcript: Robin Roberts Interview with President Obama,” ABC News, May 9, 2012.

696 “It’s a position I’ve had”: Wallsten and Eggen, “Biden Comments on Same-Sex Marriage.”

696 “very tender and sensitive topic”: Lisa Keen, “Loud Clash over Same-Sex Mar­riage: Where Personal and Political Meet,” Keen News Service, May 15, 2012.

696 According to an analysis by political scientists: John Sides and Lynn Vavreck, The Gamble: Choice and Chance in the 2012 Presidential Election (Princeton, NJ: Princeton University Press, 2013), 118.

696 BuzzFeed reported that the initial million: Zeke Miller, “Gay Marriage Reversal Means Cash for Obama,” BuzzFeed, May 9, 2012.

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696 Within hours, Lewis dropped the donor boycott: Greg Sargent, “For Angry Gay Donors, All Is Forgiven,” Washington Post, May 10, 2012.

697 “While the media has been focused on what impact”: “Maryland Polling Memo,” Public Policy Polling, May 24, 2012.

697 overshadowed by a far more controversial topic: Mark Landler, “Pushed by Obama, Democrats Alter Platform Over Jerusalem,” New York Times, Septem­ber 5, 2012.

697 Not a single ad on the topic: Sides and Vavreck, The Gamble, 118.

697 In four and a half hours of one-on-one: Charles Babington, “Big Issues Left Out of Presidential Race,” Associated Press, October 25, 2012.

697 The morning after the election, the New York Times: Jeff Zeleny and Jim Ruten­berg, “Divided U.S. Gives Obama More Time,” New York Times, November 6, 2012.

697 the Washington Post did not even cite: David A. Fahrenthold, “Obama Reelected as President,” Washington Post, November 7, 2012.

697 analysts had begun to extend Obama indirect credit: Chris Geidner, “How Mar­riage Equality Supporters Beat the ‘Princess’ Ad,” BuzzFeed, November 19, 2012.

697 passage of a marriage law on the ballot: Annie Linskey, “Gay Marriage Support­ers Seized Victory After Tough Start,” Baltimore Sun, November 10, 2012.

88. Shotgun Wedding

699 Supreme Court announced that it would hear: Lisa Keen, “Court Adds Twist to Announcement on Prop 8, DOMA Cases,” Keen News Service, December 7, 2012.

699 In one instance, the request was lodged: Scottie Thomaston, “The Department of Justice Presses the Supreme Court to Resolve DOMA Challenges,” Huffington Post, August 6, 2012.

699 “the GOP’s great hope for this Supreme Court season”: Jason Zengerle, “The Paul Clement Court,” New York, March 18, 2012.

700 “now provides the most appropriate vehicle”: United States v. Windsor, 570 US 744, Department of Justice Reply Brief to Cert Petition.

700 The ruling that Proposition 8 was unconstitutional: Lisa Keen, “Ninth Circuit Refuses Full Court Review; Prop 8 Headed to Supreme Court,” Keen News Service, June 5, 2012.

700 a group of Proposition 8’s proponents appealed: Rachael G. Samberg, “Cali­fornia’s Proposition 8 in Federal Court: Key Briefs & Filings Leading to Hol­lingsworth v. Perry,” Robert Crown Law Library, Stanford University, August 10, 2010.

700 retired Republican leader of the state senate: Michael Gardner, “GOP Leader Reflects on His Tenure,” San Diego Union-Tribune, November 13, 2010.

700 tagged with an important jurisdictional asterisk: Marty Lederman, “Under­standing Standing: The Court’s Article III Questions in the Same-Sex Marriage Cases (II),” SCOTUSblog, January 18, 2013.

701 There was one possible intermediate conclusion: Marty Lederman, “The Court’s Five Options in the California Marriage Case,” SCOTUSblog, March 1, 2013.

701 it would remain a long-standing mystery: Adam Liptak, “Who Wanted to Take the Case on Gay Marriage? Ask Scalia,” New York Times, March 29, 2013.

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701 They hired former Human Rights Campaign president: Chris Geidner, “The New Book About the Marriage Equality Movement Gets the Big Things Wrong,” BuzzFeed, April 21, 2014.

703 “if, in our reliance on the courts to vindicate”: Barack Obama, The Audacity of Hope: Thoughts on Reclaiming the American Dream (New York: Crown, 2006), 83.

703 insinuate itself into civil-rights cases: Seth P. Waxman, “Twins at Birth: Civil Rights and the Role of the Solicitor General,” Indiana Law Journal 75, no. 4 (Fall 2000), 1297–316.

703 In 1950, the solicitor general even turned: Henderson v. United States, 339 US 816.

703 made his debut Supreme Court appearance: Richard Kluger, Simple Justice: The History of Brown v. Board of Education and Black America’s Struggle for Equality (New York: Alfred A. Knopf, 1976), 678.

703 supporting a six-hundred-page government amicus brief: Victor H. Kramer, “President Eisenhower’s Handwritten Changes in the Brief on Relief in the School Segregation Cases: Minding the Whys and Wherefores,” Constitutional Commentary 9, no. 2 (Summer 1992): 223–35.

704 “For the first time the Court was told”: Philip Elman and Norman Silber, “The Solicitor General’s Office, Justice Frankfurter, and Civil Rights Litigation, 1946–1960: An Oral History,” Harvard Law Review 100, no. 4 (February 1987): 828.

704 “Why we can’t wait”: Martin Luther King Jr., “The Negro Is Your Brother,” Atlantic Monthly, August 1963.

89. And Then There Were Nine

706 invited reporters from the four largest newspapers: Jack Torry and Jessica Wehrman, “Portman Reverses His Stance,” Columbus Dispatch, March 15, 2013.

706 “I thought it was the right time”: Torry and Wehrman, “Portman Reverses His Stance.”

706 supported Ohio’s 2004 constitutional ban: Sabrina Eaton, “Sen. Rob Portman Comes Out in Favor of Gay Marriage After Son Comes Out as Gay,” Cleveland Plain-Dealer, March 15, 2013.

706 voted to deny same-sex couples: George E. Condon Jr., “Portman Reverses Posi­tion on Same-Sex Marriage,” National Journal, March 15, 2013.

706 “One way to look at it”: Rob Portman, “Gay Couples Also Deserve Chance to Get Married,” Columbus Dispatch, March 15, 2013.

707 “I don’t support gay marriage despite”: Portman, “Gay Couples Also Deserve.”

707 An amicus brief, delivered to the court: Sheryl Gay Stolberg, “Prominent Re­publicans Sign Brief in Support of Gay Marriage,” New York Times, February 25, 2013.

707 who within months would be named: Michael S. Schmidt, “Obama to Pick James B. Comey to Lead F.B.I.,” New York Times, May 29, 2013.

707 getting two Republican members of the House: Sean Sullivan, “Meet the Four Republicans in Congress Who Support Gay Marriage,” Washington Post, April 2, 2013.

707 “the perpetual bridesmaid of the GOP vice presidential race”: Margaret Hart­mann, “Senator Rob Portman Reveals He Has a Gay Son, Now Supports Same-Sex Marriage,” Intelligencer, New York, March 15, 2013.

707 “the political debate on gay marriage”: Chris Cillizza, “Rob Portman and the End of the Gay Marriage Debate,” The Fix, Washington Post, March 15, 2013.

707 A new Marriage Protection Amendment introduced in 2013: U.S. Congress,

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House, Marriage Protection Amendment, H.J.Res.51, 113th Cong., introduced in House June 28, 2013.

707 all but three of the Senate’s Democrats: Harry J. Enten, “The Final Three: The Democratic Senators Against Gay Marriage,” The Guardian, April 10, 2013.

708 In a gesture that was seen: Sheryl Gay Stolberg, “Hillary Clinton Endorses Same-Sex Marriage,” New York Times, March 28, 2013.

708 “a pretty significant sociological shift in this country”: Jessica Wehrman and Joe Vardon, “Portman’s Shift Mirrors Many Others’,” Columbus Dispatch, March 16, 2013.

708 Hollingsworth’s attorneys had already quoted: Hollingsworth v. Perry, 570 US 693, Petition for Writ of Cert.

709 To Roberts, Obama had said: “Transcript: Robin Roberts Interview with Presi­dent Obama,” ABC News, May 9, 2012.

709 President Dwight Eisenhower entered office: David A. Nichols, A Matter of Jus­tice: Eisenhower and the Beginning of the Civil Rights Revolution (New York: Simon & Schuster, 2007), 51–70.

710 “must do it equally”: Richard Kluger, Simple Justice: The History of Brown v. Board of Education and Black America’s Struggle for Equality (New York: Alfred A. Knopf, 1976), 678.

710 “I don’t think marriage is a civil right”: Devin Dwyer, “Obama’s ‘Evolving’ Gay Marriage Stance,” ABC News, May 9, 2012.

90. Blinding Times

712 vagrants being paid to hold places: “High Court Gay Marriage Tickets Cost Time, Money,” Associated Press, March 25, 2013.

712 Already the court had received 156 amicus briefs: Anthony J. Franze and R. Reeves Anderson, “In Unusual Term, Big Year for Amicus Briefs at the Supreme Court,” National Law Journal, September 21, 2013.

713 “The question before this Court”: Hollingsworth v. Perry, 570 US 693, transcript of oral argument.

713 In the summer of 2012, Time had: Massimo Calabresi and David Von Drehle, “What Will Justice Kennedy Do?” Time, June 18, 2012.

713 having written a 1997 opinion: City of Boerne v. Flores, 521 US 507.

713 “The federal system rests on what”: Bond v. U.S., 564 US 211.

713 pointed to the influence: William N. Eskridge, Jr. and Christopher R. Riano, Marriage Equality: From Outlaws to In-Laws (New Haven: Yale University Press, 2020), 129.

713 “a bare desire to harm”: Romer v. Evans, 517 US 620.

713 “times can blind us”: Lawrence v. Texas, 539 US 558.

714 “at the heart of liberty is the right”: Lawrence v. Texas.

714 “heavy reliance on principles of righteousness”: Romer v. Evans.

714 “This case ‘does not involve’ the issue”: Lawrence v. Texas.

714 “If you put the Lawrence case together”: Theodore B. Olson and David Boies, Redeeming the Dream: The Case for Marriage Equality (New York: Viking, 2014), 201.

714 “it denies gay men and lesbians”: Hollingsworth v. Perry, 570 US 693, Plaintiffs’ Brief.

715 “Obviously nobody’s suggesting”: United States v. Windsor, 570 US 744, transcript of oral argument.

717 “a bare desire to harm”: Romer v. Evans.

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91. When the Dam Breaks

719 “DOMA instructs all federal officials”: United States v. Windsor, 570 US 744.

720 “underlying issue”: Christine Ferretti, “Hazel Park Women Challenge Michi­gan’s Marriage Amendment,” Detroit News, October 7, 2012.

720 In March, he postponed: Dustin Blitchok, “No Immediate Ruling on Michigan’s 2004 Gay Marriage Ban,” Oakland Press, March 7, 2013.

720 “Plaintiffs are prepared to claim”: Deboer v. Snyder, 772 F.3d 388.

720 “nonspecific hand-waving”: United States v. Windsor.

720 But Friedman discerned enough clarity: Chris Geidner, “Federal Judge in Mich­igan Allows Challenge to Marriage Ban to Go Forward,” BuzzFeed, July 1, 2013.

720 On July 22, a federal district-court judge in neighboring Ohio: Obergefell v. Kasich, Case No. 1:13-cv-501.

720 he and his companion, James Obergefell, had exchanged: Debbie Cenziper and Jim Obergefell, Love Wins: The Lovers & Lawyers Who Fought the Landmark Case for Marriage Equality (New York: HarperCollins, 2016), 131.

721 “While the holding in Windsor is ostensibly limited”: Obergefell v. Kasich.

721 In October, John Arthur died: “John Arthur, Pro-Gay Marriage Activist, Dies at 48,” Associated Press, October 22, 2013.

721 with new plaintiffs added: Amanda Lee Myers, “Ohio Gay Marriage Lawsuit Ex­panded to Others,” Associated Press, September 25, 2013.

721 “triable issue of fact”: Deboer v. Snyder, 772 F.3d 388.

722 the openly gay head of the civil division: Chris Geidner, “With West’s Promo­tion, Out Gay Lawyer Delery to Take Helm of Justice Department’s Civil Divi­sion,” Metro Weekly, Feb. 27, 2012.

722 had been in the courtroom: William N. Eskridge Jr. and Christopher R. Riano, Marriage Equality: From Outlaws to In-Laws (New Haven: Yale University Press, 2020), 545.

722 The biggest obstacle may have been: Richard A. Oppel Jr., “Texas and 5 Other States Resist Processing Benefits for Gay Couples,” New York Times, Novem­ber 10, 2013.

723 On August 1, Rhode Island began marrying: Max Ehrenfreund, “Same-Sex Mar­riages Begin in Minnesota, Rhode Island,” Washington Post, August 1, 2013.

723 In Minnesota, the previous fall’s campaign: Sasha Alsatian, “Richard Carlbom: ‘Quiet,’ ‘Brilliant’ General Behind Minnesota’s Same-Sex Marriage Law,” MPR News, May 22, 2013.

723 “There was going to be a trial”: Steve Friess, “For Lawyers, a Rocky Walk Down the Gay Marriage Aisle,” Bloomberg Politics, January 28, 2015.

724 New Mexico county clerks had begun issuing: Richard Gonzales, “How a County Clerk Ignited the Gay Marriage Debate in N.M.,” NPR, October 22, 2013.

724 “demean the dignity of these same-sex couples”: Kitchen v. Herbert, Case No. 2:13-cv-217 (D. Utah Dec. 23, 2013).

724 After the New Jersey Supreme Court issued: Salvador Rizzo, “N.J. Legalizes Gay Marriage After Decade-Long Push,” Newark Star-Ledger, October 23, 2013.

724 Other Republican governors, including in Pennsylvania: Marc Levy, “Pennsyl­vania Won’t Appeal Same-Sex Marriage Case,” Associated Press, May 21, 2014.

725 Would follow his lead: Chris Geidner, “Nevada State Officials Stop Defending Same-Sex Marriage Ban in Appeal,” BuzzFeed, February 10, 2014.

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725 “the next step toward anarchy”: Robert Gehrke, “Herbert Says States Have a Duty to Defend Gay-Marriage Bans,” Salt Lake Tribune, May 23, 2014.

725 “the star power, location, and timing”: Steve Friess, “The Same-Sex Marriage Trial You Don’t Know About Just Came to a Close,” BuzzFeed, March 7, 2014.

725 had been published in 2012: Mark Regnerus, “How different are the adult chil­dren of parents who have same-sex relationships? Findings from the New Fam­ily Structures Study,” Social Science Research 41, no. July 2012), 752–70.

725 “Scientifically this is huge”: Maggie Gallagher, “Do Children with Gay Parents Do Just As Well? The New Social-Science Debate,” National Review, June 10, 2012.

725 The journal that had published the study: Tom Bartlett, “Controversial Gay-Parenting Study Is Severely Flawed, Journal’s Audit Finds,” Chronicle of Higher Education, July 26, 2012.

725 “conclusions he draws from his study”: Erik Eckholm, “In Gay Marriage Suit, a Battle Over Research,” New York Times, March 8, 2014.

726 “The funder clearly wanted”: Deboer v. Snyder.

726 two of the three judges who heard: Kitchen v. Herbert.

726 Within a month, the Fourth Circuit: Bostic v. Schaefer, 760 F.3d 352.

726 decision striking down Indiana’s and Wisconsin’s bans: Baskin v. Bogan, 766 F.3d 648.

726 Ninth Circuit did the same to Nevada’s and Idaho’s: Latta v. Otter, No. 14-35420.

726 politicians frequently ended the suspense: Betsy Z. Russell, “Same-Sex Marriage Begins in Idaho as 9th Circuit Lifts Stay,” Idaho Spokesman-Review, October 9, 2014.

727 In Arkansas, hundreds of couples were: “Gay Couples Marry in Arkansas, Most Clerks Sit Out,” Associated Press, April 13, 2014.

727 state supreme court struck down a ban: Michael Winter, “Arkansas Judge Strikes Down State’s Ban on Gay Marriage,” USA Today, May 19, 2014.

727 For a time, Cook County, Illinois, was marrying: Tony Meverick, “Illinois Offi­cials Addressing Confusion over Status of Marriage Equality Law,” BuzzFeed, April 13, 2014.

727 Missouri’s constitutional ban was struck down: Doug Moore, “Judge Rules That Gay Marriage Ban in Missouri Is Unconstitutional,” St. Louis Post-Dispatch, November 6, 2014.

727 “So far the federal courts of appeals have answered”: Lyle Denniston, “Mixed Signals on Same-Sex Marriage,” SCOTUSblog, September 18, 2014.

727 “When the courts do not let the people”: Deboer v. Snyder.

728 “This type of summary decision, it is true”: Deboer v. Snyder.

728 “The sooner they rule”: David Crary, “Joy, Dismay as Gay Marriage Advocates, Opponents Assess 6th Circuit Ruling,” Associated Press, November 7, 2014.

728 if faced with a so-called circuit split: Lyle Denniston, “Sixth Circuit: Now, a Split on Same-Sex Marriage,” SCOTUSblog, November 6, 2014.

728 “This is a case about change”: Deboer v. Snyder.

92. Once and for All

729 tens of thousands of couples who had married: Robin Fisher, Geof Gee, and Adam Looney, “Working Paper 108: Joint Filing by Same-Sex Couples After Windsor: Characteristics of Married Tax Filers in 2013 and 2014,” U.S. Trea­sury Department, August 2016.

729 “Their relentless preparation has two goals”: Adam Liptak, “Lawyers Seek Sea Change on Gay Rights at Supreme Court,” New York Times, April 27, 2015.

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730 “I have only one month to prepare”: Nathaniel Frank, Awakening: How Gays and Lesbians Brought Marriage Equality to America (Cambridge, MA: Belknap Press of Harvard University, 2017), 339–42.

731 “You’d have to be an inanimate object”: Noah Hurowitz, “Portland Lawyer Mary Bonauto Credited as ‘Mastermind’ Behind Landmark Gay Rights Court Cases,” Bangor (ME) Daily News, March 31, 2013.

731 “Most Americans have never heard”: Sheryl Gay Stolberg, “Maine Lawyer Credited in Fight for Gay Marriage,” New York Times, March 27, 2013.

731 “our Thurgood Marshall”: Joan Biskupic, “Prominent Gay Rights Advocate to Argue Landmark U.S. Marriage Case,” Reuters, March 31, 2015.

732 Tennessee sent a deputy solicitor general: Ariane de Vogue, “Meet the Lawyers Who Will Argue the Gay Marriage Case,” CNN, April 27, 2015.

732 “Leading law firms are willing”: Adam Liptak, “The Case Against Gay Marriage: Top Law Firms Won’t Touch It,” New York Times, April 12, 2015.

732 Newsweek’s anointment of “the First Gay President”: Andrew Sullivan, “The First Gay President,” Newsweek, May 21, 2012.

733 “a foundation of Romer”: Obergefell v. Hodges, 135 S. Ct. 2584, transcript of oral argument.

733 nineteen foreign countries that had legalized: Niall McCarthy, “The Countries Where Gay Marriage Is Legal,” Forbes.com, June 29, 2015.

733 “hundreds of thousands of children raised”: Obergefell v. Hodges, transcript of oral argument.

735 “not necessarily dignity”: Obergefell v. Hodges, transcript of oral argument.

Coda: Back to Hawaii

737 headline from CNN’s website: Ariane de Vogue and Jeremy Diamond, “Supreme Court Rules States Must Allow Same-Sex Marriage,” CNN, June 26, 2015.

737 “It is demeaning”: Obergefell v. Hodges, 135 S. Ct. 2584.

738 “Our private life”: Alan Matsuoka, “Former Isle Couple Put Issue on Historic Course,” Honolulu Star-Bulletin, May 14, 1996.

738 relatively anonymous: Fern Shen, “A Same-Sex Couple Married to the Cause,” Washington Post, September 10, 1996.

738 The Baltimore Sun perceptively characterized: Richard O’Mara, “Senate Storm Fails to Disturb Couple’s Domestic Tranquillity,” Baltimore Sun, September 22, 1996.

739 They traveled to Fire Island: Peter Traiano, “Couple’s Civil Rights Battle Comes to Grove, Pines,” Fire Island News, July 20, 1995.

739 addressed a group: Matsuoka, “Former Isle Couple.”

739 the front row of Judge Kevin Chang’s courtroom: Ken Kobayashi, “Trial Tackles Same-Sex Controversy,” Honolulu Advertiser, September 11, 1996.

739 plans to wear white tuxedos: Linda Hosek, “3 Isle Gay Pairs’ Suit to Wed Will Test Law,” Honolulu Star-Bulletin, May 2, 1991.

739 registered as Universal Life Church ministers: Carey Goldberg, “Hawaii Judge Ends Gay-Marriage Ban,” New York Times, December 4, 1996.

739 “You do it once”: John Gallagher, “Marriage, Hawaiian Style,” The Advocate, Feb­ruary 4, 1997.

741 “if we stray”: Bruce Dunford, “Justice Warns of Exodus,” Hawaii Tribune-Herald, February 23, 1997.

741 The contours of a political response: William Kresnak and Angela Miller,

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“Same-Sex Plan Bars Marriage, Offers Benefits,” Honolulu Advertiser, January 18, 1997.

741 “Legislature shall have”: “Hawaii Legislative Power to Reserve Marriage, Ques­tion 2 (1998),” Ballotpedia, http://www.ballotpedia.com.

741 called Reciprocal Beneficiaries: “Hawaii Approves Benefits Package for Gay Couples,” Los Angeles Times, April 30, 1997.

742 after judges ruled: Debra Barayuga, “Gays’ Fight May Turn to Rights and Ben­efits,” Honolulu Star-Bulletin, December 10, 1999.

742 Democratic governor Neil Abercrombie signed: B. J. Reyes, “ ‘Today Is an Amaz­ing Day,’ ” Honolulu Star-Advertiser, February 24, 2011.

743 But even before state authorities: Nelson Daranciang, “2 Women Sue State for Right to Wed,” Honolulu Star-Advertiser, December 9, 2011.

743 The women, however, chose a legal path: Jackson v. Abercrombie, 884 F. Supp. 2d 1065.

743 “I was looking at stuff on Google”: Tim Sakahara, “Couple Sues State to Get Same Sex Marriage Rights,” Hawaii News Now, February 11, 2011.

743 “Under current law, a heterosexual couple”: Purna Nemani, “Governor Gives Up in Gay Marriage Case,” Courthouse News, February 23, 2012.

743 There was enough of a distinction: Jackson v. Abercrombie order granting motion for summary judgment, Civ. No. 11-00734 ACK-KSC, August 8, 2012.

744 That fall, Abercrombie called: B. J. Reyes, “Governor Summons Legislators to Special Session,” Honolulu Star-Advertiser, September 10, 2013.

744 Religious activists took it: Alejandro Lazo, “In Hawaii, ‘Citizens’ Filibuster’ Tar­gets Gay-Marriage Bill,” Wall Street Journal, November 9, 2013.

744 More than five thousand: “House Panels Pass Gay Marriage Bill After 55 Hours of Testimony,” Honolulu Star-Advertiser, November 5, 2013.

745 “a sad day”: Mike Gabbard, “Civil Union Enactment: Sad Day for Hawaii,” Hawaii Reporter, February 24, 2011.

745 no such alarmism: Mileka Lincoln, “Hawaii Senate Passes Gay Marriage, Sends to House,” Hawaii News Now, October 30, 2013.

745 legatee of her father’s politics: Bonna Bolante, “Who Is Mike Gabbard?” Hono­lulu, August 2004.

745 led citizens protesting: Gordon Y. K. Pang, “Bill to Allow Civil Unions May Be Stalled in House,” Honolulu Advertiser, February 20, 2004.

745 “As Democrats we should”: Adrienne LaFrance, “Tulsi Gabbard’s Leftward Journey,” Honolulu Civil Beat, January 16, 2012.

745 “imposing its will”: Sanjena Sathian, “Is Tulsi Gabbard the Next Bernie Sanders?” OZY, September 27, 2015.

745 “To me, it made full circle”: Derrick DePledge, “Governor Signs Landmark Law,” Honolulu Star-Advertiser, November 14, 2013.

745 “We decided long ago”: Mary Kaye Ritz, “Canadian Wedding Bells Ring for Island Gay Couples,” Honolulu Advertiser, August 3, 2002.

745 “There is an escape now”: Clifford Krauss, “A Wedding in Canada; Gay Cou­ples Follow a Trail North Blazed by Slaves and War Resisters,” New York Times, November 23, 2003.

746 After returning to Hawaii: Chad Graham, “Life After Gay Marriage,” The Advo­cate, March 18, 2004.

746 When running: Chris Haire, “Changing Minds: Bill Woods Talks About the Future of Gay Marriage in Hawaii,” Honolulu Weekly, June 21, 2006.

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746 When Woods died: “Obituaries: William Everett Woods,” Honolulu Advertiser, September 30, 2008.

746 “the best memorial to Bill”: “Obituaries: Woods,” Decatur (IL) Herald & Review, November 9, 2008.

746 “We weren’t looking for the marriage”: Debra Barayuga, “Gay Marriage Case Plaintiff Preached Acceptance,” Honolulu Star-Bulletin, September 28, 2006.

746 “This is enough”: Brooks Baehr, “Original Same Sex Applicants Celebrate Civil Union Law,” Hawaii News Now, February 23, 2011.

746 General Electric, NBC’s parent company: Marc Gunther, “Money and Morals at GE,” Fortune, November 15, 2004.

748 the day Abercrombie appointed her: Ken Kobayashi, “McKenna Is Named to State’s High Court,” Honolulu Star-Advertiser, January 26, 2011.

748 “Now it’s the law”: Keoki Kerr, “On Key Anniversary, Same-Sex Marriage Pio­neer Weds Her Partner,” Hawaii News Now, December 17, 2013.

748 federal district court in Utah overturned: Kitchen v. Herbert, 755 F.3d 1193.

749 When the ACLU helped: Donaldson v. State, 292 P.3d 364.

749 “it will be easiest”: Ninia Baehr, “Talking About What Really Matters over the Holidays,” ACLU of Montana blog, November 19, 2012, www.acluofmontana .org.

749 the ACLU affiliate led: Rolando v. Fox, 23 F. Supp. 3d 1227.

749 “We definitely believe the time”: Charles S. Johnson, “ ‘The Time for the Case Is Now’: 4 Couples Sue over State Ban on Same-Sex Marriage,” Billings (MT) Gazette, May 21, 2014.

749 the Supreme Court decided to hear: Robert Barnes, “Supreme Court Agrees to Hear Gay Marriage Issue,” Washington Post, January 16, 2015.

750 Freedom to Marry had attempted: Chris Johnson, “Marriage Plaintiffs Gather to Celebrate on Eve of Arguments,” Washington Blade, April 28, 2015.

750 Wolfson was already planning: Amanda Terkel, “This Gay Rights Group Wants the Supreme Court to Shut It Down,” Huffington Post, March 23, 2015.

750 some of whom looked barely old enough: Samantha Masunaga, “From Traffic Ticket to Supreme Court: A Gay Couple’s Legal Odyssey,” Los Angeles Times, January 18, 2015.

751 whose lawsuit had successfully toppled: Kim Chandler, “Couple Behind Ala. Gay Marriage Case Grateful for Ruling,” Associated Press, January 25, 2015.

752 “The Constitution promises liberty”: Obergefell v. Hodges.

752 “eloquent vein, not the more businesslike”: Mark Walsh, “A ‘View’ from the Courtroom: A Marriage Celebration,” SCOTUSblog, June 26, 2015.

752 his death seven months later: Adam Liptak, “Antonin Scalia, Justice on the Su­preme Court, Dies at 79,” New York Times, February 14, 2016.

753 skirting the entire framework: Jack M. Balkin, What Obergefell v. Hodges Should Have Said: The Nation’s Top Legal Experts Rewrite America’s Same-Sex Marriage Deci­sion (New Haven: Yale University Press, 2020), 72–81.

753 “justice that arrives”: Jordan Fabian, “Obama: Justice Arrives ‘Like a Thunder­bolt,’ ” The Hill, June 26, 2015.

753 lit in the colors of the rainbow flag: Adam B. Lerner, “White House Set Aglow with Rainbow Pride,” Politico, June 26, 2015.

753 Obama’s speech there would be remembered: Michiko Kakutani, “Obama’s Eulogy, Which Found Its Place in History,” New York Times, July 3, 2015.

753 Supreme Court had upheld: Robert Barnes, “Affordable Care Act Survives Supreme Court Challenge,” Washington Post, June 25, 2015.

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753 “week that changed the nation”: Stephen Collinson, “Gay Rights, Obamacare and a Week That Changed the Nation,” CNN, June 27, 2015.

Postscript: Massive Desistance

754 “When they create it”: “Roy Moore on Gay Marriage Ruling: ‘Christians Are Going to Be Persecuted,’ ” Associated Press, June 28, 2015.

754 he had instructed probate judges: Alan Blinder, “Alabama Judge Defies Gay Marriage Law,” New York Times, June 8, 2015.

754 “If the decision contradicts”: Isaiah Narciso, “Alabama Chief Justice Roy Moore: ‘I Hope We Don’t Have a War’ over Supreme Court Decision Favoring Same-Sex Marriage,” The Gospel Herald, July 10, 2015.

754 “will be used to vilify”: Obergefell v. Hodges, 135 S. Ct. 2584.

754 pulled a pair of Republican presidential candidates: David Weigel, Abby Phillip, and Sarah Larimer, “Kim Davis Released from Jail, Ordered Not to Interfere with Same-Sex Marriage Licenses,” Washington Post, September 8, 2015.

755 where she had been held: Alan Blinder and Tamar Lewin, “Clerk in Kentucky Chooses Jail over Deal on Same-Sex Marriage,” New York Times, September 3, 2015.

755 defied the teachings of her Pentecostal faith: Alan Blinder and Richard Fausset, “Kim Davis, a Local Fixture, and Now a National Symbol,” New York Times, September 1, 2015.

755 The thrice-married Trump: Elise Foley, “Donald Trump Pressed on How ‘Tra­ditional’ His 3 Marriages Are,” Huffington Post, June 30, 2015.

755 “It would certainly be nice”: Joe Scarborough and Mika Brzezinski, interview of Donald Trump, Morning Joe, MSNBC, September 4, 2015.

755 Davis was effectively alone: Dominic Holden, “Same-Sex Couples Still Cannot Marry in Small Pockets of the U.S.,” BuzzFeed, August 14, 2015.

755 “become a public opinion poll”: “US Ruling on Gay Marriage: Louisiana Gover­nor Bobby Jindal Criticises Supreme Court,” Economic Times, June 27, 2015.

755 “I would personally like to see”: Robert Gehrke, “Utah Lawmaker: Does Logic Behind Gay-Marriage Ruling Open Door to ‘Polygamy, Bestiality’?” Salt Lake Tribune, July 5, 2015.

755 abolished all marriage-license requirements: Brian Lyman, “Bill Ending Mar­riage Licenses Goes to Ivey,” Montgomery Advertiser, May 25, 2019.

755 “then record, not issue”: Brannon Cahela, “New Marriage Law Takes Effect,” Selma Times-Journal, August 30, 2019.

756 two Houston residents challenged: Pidgeon v. Turner, 538 S.W.3d 73.

756 “Research finds that same-sex unions”: Liza Mundy, “The Gay Guide to Wed­ded Bliss,” The Atlantic, June 2013.

756 “in accordance with a religious belief”: U.S. Congress, House, First Amend­ment Defense Act, HR 2802, 114th Cong., introduced in House June 17, 2015.

757 retreat to the shelter belt: Joel A. Carpenter, Revive Us Again: The Reawakening of American Fundamentalism (New York: Oxford University Press, 1997), 86.

757 period between the Scopes trial: Frances FitzGerald, The Evangelicals: The Struggle to Shape America (New York: Simon & Schuster, 2018), 140.

757 “Could it be that”: Rod Dreher, The Benedict Option: A Strategy for Christians in a Post-Christian Nation (New York: Sentinel, 2017), 12.

757 married in Massachusetts in 2012: Robert Barnes, “The Spurned Couple, the

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Baker and the Long Wait for the Supreme Court,” Washington Post, August 13, 2017.

757 Phillips’s case found its way: Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights Comm’n, 138 S. Ct. 1719.

758 adopted the language of civil-rights jurisprudence: Melissa Murray, “Inverting Animus: Masterpiece Cakeshop and the New Minorities,” Supreme Court Review, Vol. 2018, pp. 257–98.

758 “citizens advocating to redefine”: Sarah Posner, “The Christian Legal Army Behind ‘Masterpiece Cakeshop,’ ” The Nation, November 28, 2017.

758 A seven-judge majority ruled: Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights Comm’n.

758 Justice Anthony Kennedy announced: Michael D. Shear, “Supreme Court Jus­tice Anthony Kennedy Will Retire,” New York Times, June 27, 2018.

758 congressional Democrats introduced: U.S. Congress, House, Equality Act, HR 3185, 114th Cong., introduced in House July 23, 2015.

758 A series of discrimination lawsuits: Adam Liptak, “Can Someone Be Fired for Being Gay? The Supreme Court Will Decide,” New York Times, September 23, 2019.

759 seemed to steer clear: Jeff Guo, “The Cunning Trick in North Carolina’s Radical New Anti-LGBT Law,” Washington Post, April 1, 2016.

759 Michigan imposed a law: Niraj Warikoo, “Mixed Reaction Greets Michigan’s New Gay Adoption Law,” Detroit Free Press, June 12, 2015.

759 In Starkville, Mississippi: Logan Kirkland and Ryan Phillips, “Group Files Law­suit Against Starkville for Denying LGBT Pride Parade,” Starkville (MS) Daily News, February 26, 2018.

759 resistance led by companies: Motoko Rich, “North Carolina Gay Bias Law Draws a Sharp Backlash,” New York Times, March 24, 2016.

759 married the trans man: Sarah McBride, “Forever and Ever: Losing My Husband at 24,” Huffington Post, August 25, 2018.

759 “toward the end of his second term”: Ellen McCarthy, “Chasten Buttigieg Has Been a Homeless Community College Student and a Starbucks Barista. Now, He Could Be ‘First Gentleman,’ ” Washington Post, May 1, 2019.

760 “appeared on the cover of Time”: Charlotte Alter, “Mayor Pete Buttigieg’s Unprecedented Presidential Campaign,” Time, May 2, 2019.

760 “people like me permission”: Sheila Brummer, “Top-Tier Campaigns Visit Sioux City, Supervisor Steps Down and More,” Siouxland Public Media, Janu­ary 30, 2020, www.kwit.org.

760 “by the grace of one vote”: Chelsea Janes, “ ‘It Got Real Gay Real Quick’: Pete Buttigieg’s Rise Electrifies the Gay Community, But He Could Face a Rocky Road,” Washington Post, April 6, 2019.

760 Supreme Court accepted three appeals: Adam Liptak, “Supreme Court to De­cide Whether Landmark Civil Rights Law Applies to Gay and Transgender Workers,” New York Times, April 22, 2019.

760 solicitor general’s brief pointed out: Robert Barnes, “Supreme Court Term to Begin with Blockbuster Question: Is It Legal to Fire Someone for Being Gay or Transgender?” Washington Post, October 3, 2019.

760 In June 2020, the Supreme Court issued: Bostock v. Clayton County, citation pend­ing at press time.

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