Forcing the Spring: Inside the Fight for Marriage Equality (60 page)

Given DOMA, it made no financial
:
Author interview with Judge Vaughn R. Walker, December 23, 2012.

African American judges hear
:
Author interview with Judge Vaughn R. Walker, December 23, 2012.

“
I don’t want to get into an argument”
:
Author interview with Robert Bork, summer 2009.

To many adherents of this school
:
Michael J. Klarman, “
Brown
and
Lawrence
(and
Goodridge
): Historic Rulings and How Judicial Decisionmaking Influences Social Reform Movements,”
Michigan Law Review
104, no. 3 (December 1, 2005).

Seated at Olson’s table
:
Author interview with Robert McConnell, summer 2009.

“It is a badge I will wear”
:
Author interviews with Ted Olson and Kate Kendall, summer 2009.

CHAPTER 6: “PROVE IT”

Kristina had back-channeled
:
Author interview with Kristina Schake, January 2010.

Unbeknownst to the public
:
Author interview with Daniel Zingale, 2011.

“Prove it”
:
Author interview with Judge Vaughn R. Walker, November 21, 2012.

The landmark
Romer
case
:
Evans v. Romer,
882 P.2d 1335, 1347 (Colo. 1994).

But Olson, unlike Boies, was not
:
Author interviews with Ted Olson and Ted Boutrous, January 2010 and January 2014.

Olson had pulled Cooper aside
:
Author interview with Chuck Cooper, May 8, 2013.

“They need our help”
:
Author interview with Terry Stewart, January 19, 2013.

“We think it will be very helpful”
:
Lisa Leff, “Gay Legal Groups Want In on California Case,” Associated Press, July 9, 2009.

It was also the last thing
:
Author interview with Kristina Schake, September 8, 2013.

“I can help give you cover”
:
Author interview with Dennis Herrera, January 19, 2010.

Watching that victory be snatched
:
Author interviews with Terry Stewart and Carole Scagnetti, December 1, 2010.

Gay marriage opponents
:
Author interviews with Chuck Cooper, May, 8, 2013, June 1, 2013, and June 19, 2013.

But a group called the Campaign for California Families
:
Transcript of August 19, 2009, hearing in U.S. District Court.

Walker was stunned
:
Author interview with Judge Vaughn R. Walker, November 21, 2012.

Judges are not supposed
:
Ibid.

“I’m going to hang him”
:
Author interview with Chad Griffin, August 21, 2009.

CHAPTER 7: WHERE’S DAVID?

Nationally, polls put public support
:
Gallup and Pew Research Center polling data.

There was also some concern
:
Author interviews with Matt McGill and Chris Dusseault, May and June 2013.

Stewart, of the San Francisco Attorney’s Office
:
August 2009 e-mails between Terry Stewart’s office and Gibson Dunn.

When citizens, such as Tam
:
Author interview with Terry Stewart, June 13, 2010.

Olson, however, was initially reluctant
:
Author interviews with Terry Stewart, June 13, 2010, Matt McGill, January, 2010, and Ted Boutrous, March 12, 2013.

Portraying the proponents
:
Author interview with Ted Boutrous, March 12, 2013.

Olson knew that Boies
:
Author interview with David Boies, June 25, 2010.

“Not everyone is a genius”
:
Author interviews with Ted Olson, January 2010, and David Boies, June 15, 2010.

CHAPTER 8: AN UNEXPECTED DEVELOPMENT

“You need to move fast”
:
Author interview with Rick Jacobs, August 6, 2010.

Olson understood, but he worried
:
Author interview with Ted Olson, January 9, 2010.

CHAPTER 9: “ALL RISE!”

One of the first questions she had asked
:
Author interview with Sandy Stier, December 5, 2010.

Olson was just hitting his stride
:
Author interview with Matt McGill, January 11, 2013.

Olson’s own mother
:
Author interview with Lady Olson, summer 2010.

Cooper’s theory of the case
:
Author interview with Chuck Cooper, June 1, 2013.

“
Loving
is by far [Olson’s] best case”
:
Ibid.

It had been difficult for Cooper
:
Author interview with Chuck Cooper, June 1, 2013.

Though he believed that the burden
:
Ibid.

“The media focus on this case”
:
Ibid.

An Oxford University philosophy professor
:
Videotaped deposition of Daniel N. Robinson, Washington, D.C., December 18, 2009.

Loren Marks, a professor
:
Videotaped deposition of Loren Marks, Washington, D.C., October 30, 2009.

“I wouldn’t have wished fifteen minutes”
:
Author interview with Loren Marks, May 7, 2013.

Katherine Young was to have testified
:
Videotaped deposition of Katherine Young, Montreal, Canada, November 13, 2009.

Forced to acknowledge
:
Videotaped deposition of Paul Nathanson, Montreal, Canada, November 12, 2009.

It was, Nathanson would later say
:
Author interview with Paul Nathanson, May 6, 2013.

CHAPTER 10: “A HIGHER ARC”

Pulling up to the courthouse
:
Author interview with Elliott Perry, August 25, 2012.

But Jones’s optimism
:
Author interviews with Elliott and Spencer Perry, August 25, 2012.

Elliott seemed surprised
:
Author interview with Elliott Perry, August 25, 2012.

In the weeks leading up to the trial
:
Author interview with Chuck Cooper, June 1, 2013.

And atmospherically, it would
:
Ibid.

And that was the problem Cooper
:
Ibid.

Spencer, sitting behind his mother
:
Author interview with Spencer Perry, August 25, 2012.

“Oh my God, that’s Chad”
:
Author interview with Kristina Schake, January 25, 2010.

Kris’s boys had never seen
:
Author interview with Elliott Perry, August 25, 2012.

Olson, oblivious to the effect
:
Author interview with Ted Olson, January 11, 2010.

“When you get hit like that”
:
Author interview with David Boies, January 11, 2010.

Olson got closer to the truth
:
Author interview with Ted Olson, January 11, 2010.

CHAPTER 11: HISTORY LESSONS

Over the course of the trial
:
Author interview with Vaughn Walker, November 21, 2012.

Cooper’s researchers had compiled
:
Author interview with Chuck Cooper, June 19, 2013.

Burke
 . . . the father of American conservatism:
Edmund Burke,
Reflections on the Revolution in France
(New York: Penguin Classics, 1986 [1790]).

The point Thompson was making
:
Author interview and e-mail exchanges with Chuck Cooper, June 19–20, 2013.

“That was, if not the most important concession”
:
Author interview with Chuck Cooper, December 10, 2013.

CHAPTER 12: A DAY OF SURPRISES

Cooper had never disputed
:
Author interviews with Chuck Cooper May 8, 2013, and June 1 2013.

Boies had even taken to publicly
:
Maureen Dowd, “An Odd Couple Defends Couples That Some (Oddly) Find Odd,
New York Times,
January 16, 2010.

The first Cooper heard of Tam’s views
:
Author interview with Chuck Cooper, June 1, 2013.

Cooper had refused to continue
:
“An Interview with Terry L. Thompson,”
Lifeline
15, no. 2 (Summer 2006): 4.

Cooper would later say
:
Author interview with Chuck Cooper, June 1, 2013.

“Trial is a young man’s game”
:
Author interview with Lady and Ted Olson, January 13, 2010.

“This was a smackdown of Judge Walker”
:
Author interview with Matt McGill, January 13, 2010.

“I haven’t had many gay and lesbian friends”
:
Author interview with Amir Tayrani, January 23, 2010.

CHAPTER 13: STIGMA

Now, listening to Meyer talk
:
Author interviews with Sarah Piepmeier, January 18, 2010, and Ted Boutrous, July 20, 2013.

Chad and the plaintiffs wove
:
Author interview with Elizabeth Riel, communications consultant for the American Foundation for Equal Rights, June 2012.

But surrogates like Los Angeles mayor Antonio Villaraigosa
:
“The Public and Prop 8,” editorial,
Los Angeles Times
,
January 11, 2010, and “Discrimination on Trial, but Not on TV,” editorial,
New York Times,
January 14, 2010.

CHAPTER 14: ON PARENTS AND FAMILIES

For a law to pass the rational basis test
:
Heller v. Doe
, 509 U.S. 312, 320 (1993),
Vance
, 440 U.S. at 111.

Another of the article’s assertions
:
S. Golombok and F. Tasker, “Do Parents Influence the Sexual Orientation of Their Children?”
Developmental Psychology
32 (1996).

He was unquestionably self-promoting
:
Author interview with Terry Stewart, January 15, 2010.

Zia was a former executive editor
:
Author interview with Rosanne Baxter, January 15, 2010.

Back at the Gibson Dunn offices
:
Author interview with Dawn Schneider, director of communications for Boies, Schiller & Flexner, January 12, 2010.

CHAPTER 15: WHO’S A BIGOT?

Herrera understood the concern
:
Author interviews with Dennis Herrera, January 19, 2010, and Chris Dusseault, January 20, 2010.

By showing that it was possible
:
Ibid

CHAPTER 16: A COURTROOM JOURNEY TO THE NETHERLANDS, VIA MASSACHUSETTS

Cooper, like Olson, had for the most part
:
Author interview with Chuck Cooper, July 26, 2013.

Cooper knew going in
:
Ibid.

CHAPTER 17: A JUDGE’S MEMORIES

Listening to the evidence day after day
:
Author interview with Judge Vaughn Walker, November 21, 2012.

“I decided to see a psychiatrist”
:
Author interview with Judge Vaughn Walker, December 2, 2012.

Walker glanced at Boies
:
Author interview with Judge Vaughn Walker, November 21, 2012.

CHAPTER 18: GOD, GAYS, AND POLITICAL POWER

But as much as Olson wanted to be sensitive
:
Author interview with Ted Boutrous, July 28, 2013.

One of the chief architects of the campaign
:
Author interview with Maggie Gallagher, November 6, 2012.

There was even a “Pastors’ Rapid Response Team”
:
Plaintiffs’ Exhibit No. PX2554,
Perry v. Schwarzenegger,
704 F.Supp.2d 921 (N.D. Cal. 2010) (No. C 09-2292 VRW).

Even if he could have convinced
:
Author interview with Chuck Cooper, June 1, 2013.

Afterward, Boies said he found Thompson’s style
:
Author interview with David Boies, January 20, 2010.