The engagement America's quarter-century struggle over same-sex marriage

Sasha Issenberg

Book - 2021

"On June 26, 2015, the United States Supreme Court ruled that state bans on gay marriage were unconstitutional, making same-sex unions legal throughout the United States. But the road to victory was much longer than many know. In this seminal work, Sasha Issenberg takes us back to Hawaii in the 1990s, when that state's supreme court first started grappling with the issue, and traces the fight for marriage equality from the enactment of the Defense of Marriage Act in 1996 to the Goodridge decision that made Massachusetts the first state to legalize same-sex marriage, and finally to the seminal Supreme Court decisions of Windsor and Obergefell. This meticulously reported work sheds new light on every aspect of this fraught history a...nd brings to life the perspectives of those who fought courageously for the right to marry as well as those who fervently believed that same-sex marriage would destroy the nation. It is sure to become the definitive book on one of the most important civil rights fights of our time"--

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Subjects
Published
New York : Pantheon Books [2021]
Language
English
Main Author
Sasha Issenberg (author)
Edition
First edition
Physical Description
x, 911 pages ; 25 cm
Bibliography
Includes bibliographical references (pages 769-870) and index.
ISBN
9781524748739
  • Introduction: A President Decides
  • Part 1. The Love That Ate an Island (1990-1996)
  • 1. Seeking License
  • 2. Only One Man Marching
  • 3. A Distinct Civil-Liberties Question
  • 4. Rolling the Dice
  • 5. Gay Mafia
  • 6. Making the Case
  • 7. Baehr v. Lewin
  • 8. A Chickenskin Moment
  • 9. Shoals of Time
  • Part 2. Inventing a Constitutional Crisis (1996)
  • 10. Wardle's Run
  • 11. Dominos at the Barn Door
  • 12. A Message from the Presidency
  • 13. Apostles
  • 14. Hawaii's Future Today
  • 15. Kickoff
  • 16. Don & Bob
  • 17. The Law Man
  • 18. How a Grievance Becomes a Bill
  • Part 3. Inside Games (1996)
  • 19. March On, Washington
  • 20. Fights of the Roundtable
  • 21. Waiting for a Nightmare
  • 22. The Rebrander and the Firebrand
  • 23. Smooth Sailing
  • 24. Endangered Liaisons
  • 25. Two Weeks in May
  • 26. Dear Friends
  • 27. An Election-Year Baseball Bat
  • 28. When the Deal Goes Down
  • 29. Midnight Cowboy
  • 30. Trial at Honolulu
  • Part 4. The Second Front (1997-2003)
  • 31. Shameless Agitator
  • 32. Queer Town Meetings
  • 33. Marriage 101
  • 34. Anything But the Slam-Dunk Cases
  • 35. Baker v. State
  • 36. The Remedy
  • 37. Scenes from a Civil Union
  • 38. Down from the Mountains
  • 39. The Next Town Over
  • 40. Goodridge
  • Part 5. "Our Team is Not Winning" (2003-2004)
  • 41. We're the Marriage People
  • 42. A Sense of Where the Culture Is Headed
  • 43. Enemy of the Good
  • 44. Marriage Movements
  • 45. Wise as Serpents
  • 46. Dueling Amendments
  • 47. Lawlessness
  • 48. Issue One
  • Part 6. Twenty Ten Ten Ten (2003-2007)
  • 49. When You're Living Through It
  • 50. Paul Revere Rides In
  • 51. Speaking for the Silent Majority
  • 52. Clear It with Evan
  • 53. Organization Man
  • 54. Mining the Foundations
  • 55. Outgiving
  • 56. Clarity of Coalition
  • 57. After the Bloodbath
  • 58. Punish the Wicked
  • 59. Let California Ring
  • Part 7. The Right's Last Stand (2007-2008)
  • 60. It Came from San Diego
  • 61. Little Kingdoms
  • 62. God's Way of Bringing People Together
  • 63. Nassau Street
  • 64. To the Ballot
  • 65. Amen Brothers
  • 66. The Mormon Empire Strikes Back
  • 67. Proposition 8
  • Part 8. The Road from Jersey City (2009-2012)
  • 68. Whodunit
  • 69. Meet in the Middle
  • 70. Gathering Storm
  • 71. Up Against the Wall
  • 72. Roadmap
  • 73. For Better or for Worse
  • 74. Money Talks in New York
  • 75. A Grave Price
  • 76. Campaign in a Box
  • 77. Land Rush to the Ballot
  • 78. Conversation and Inoculation
  • 79. Four Ballots
  • Part 9. Endgame (2009-2015)
  • 80. Dooming DOMA
  • 81. Dave & Ted's Excellent Adventure
  • 82. Duty to Defend
  • 83. Facts of the Matter
  • 84. Appealing Stuff
  • 85. Inaction Hero
  • 86. Leading from Behind
  • 87. In the Shadow of Lady Liberty
  • 88. Shotgun Wedding
  • 89. And Then There Were Nine
  • 90. Blinding Times
  • 91. When the Dam Breaks
  • 92. Once and for All
  • Coda: Back to Hawaii
  • Postscript: Massive Desistance
  • Acknowledgments
  • A Note on Sources
  • Notes
  • Index
Review by Booklist Review

This is an exhaustive, detailed, and authoritative overview of the fight for marriage equality in the U.S. With over 700 pages of text and another couple hundred of notes, author Issenberg (The Victory Lab, 2012) focuses his investigative reporting expertise on the political and legislative wrangling that accompanied various evolving judicial rulings related to this highly politicized issue. Chapters explore two decades' worth of arguments and interpretations, court cases and filings, media coverage and special interest lobbying campaigns, polls and public opinion, profiles of lawyers and activists, and simple love stories between couples who just wanted to get married. Other issues are necessarily drawn in: AIDS, workplace discrimination, gays in the military. Issenberg keeps the story moving, providing context and balanced coverage, and discloses daily, sometimes hourly, updates about what was going on in the Obama White House as the Supreme Court was considering Obergefell v. Hodges, the case that resulted in the federal legalization of same-sex marriage in June of 2015. Issenberg's nuanced and insightful reporting brings clarity to this important milestone.

From Booklist, Copyright (c) American Library Association. Used with permission.
Review by Publisher's Weekly Review

Journalist Issenberg (Outpatients) depicts both sides of the debate over same-sex marriage in this comprehensive history. Issenberg begins in Hawaii in 1990, when three LGBTQ couples partnered with a local activist to apply for marriage licenses and set in motion a lawsuit that resulted in the first state or federal court decision "acknowledg that a fundamental right to marriage could extend to gay couples." Social conservatives responded with plans to protect heterosexual marriage through the Defense of Marriage Act, while same-sex couples in other states were inspired to push for more rulings in support of gay marriage. Issenberg details the strategizing and motivations on both sides of the issue (though more attention is paid to pro-LGBTQ initiatives) as a variety of groups waged public opinion campaigns through state-level legislative agendas and proposed constitutional amendments. He also makes clear that money, in particular the strategic fund-raising of LGBTQ activist and software company founder Tim Gill, played a key role in paving the way to the 2015 Supreme Court decision that legalized same-sex marriage nationwide. Issenberg lucidly delineates this multifaceted and complex topic and movingly profiles key players including Ninia Baehr and Genora Dancel, original litigants in the Hawaii case. The magnitude of detail slows the proceedings somewhat, but even readers well-versed in the subject will learn something new. The result is a definitive portrait of a key victory in the battle for LGBTQ rights. (Sept.)

(c) Copyright PWxyz, LLC. All rights reserved
Review by Library Journal Review

Issenberg (The Victory Lab) explores the history of marriage equality in the United States from 1990 to 2015, arguing that prior to 1990, marriage equality was a niche issue confined to legal speculation, as advocates tended to focus their efforts on nondiscrimination ordinances rather than marriage. After a group of LGBT couples attempted to marry in Hawaii in 1990, marriage equality quickly became prominent owing to several high-profile court cases and opposition by religious groups. Issenberg focuses his arguments on the political and legal side, explaining the major court cases, legal strategies and legislation. The legal analysis is targeted toward general readers, and the author deftly weaves the legislative and legal together to create a full picture for readers. Issenberg argues that public opinion and media played key roles in the United States' relatively swift acceptance of marriage equality, but he does not spend a lot of time in this area. Although chapters tend to meander, he focuses on personalities and motivations that inflate his already detailed analysis of Supreme Court cases and other political movements in support of equality. VERDICT A comprehensive work of civil rights history that is sure to interest political and legal enthusiasts.--Rebekah Kati, Univ. of North Carolina, Chapel Hill

(c) Copyright Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.
Review by Kirkus Book Review

A journalist and political science professor chronicles the fight for same-sex marriage from its beginnings through the presidential candidacy of Pete Buttigieg. In 1990, three same-sex couples applied "on a lark" for Hawaii marriage licenses. The inevitable rejection set in motion a cascade of legal and political challenges that culminated in the landmark Obergefell v. Hodges decision, which legalized same-sex marriage throughout the U.S. In this exceptionally comprehensive but overlong and inefficiently organized account, Issenberg, Washington correspondent for the Monocle, shows how the movement lurched forward through triumphs in states like Vermont and Massachusetts and seemingly fatal setbacks such as Bill Clinton's signing of the Defense of Marriage Act in 1996. Advocates of marriage equality had to overcome not just political and religious foes--among them, Catholic bishops, Protestant evangelicals, and the Church of Jesus Christ of Latter-day Saints--but conflicts in their own ranks between incrementalists willing to settle for civil unions and those who saw anything less than marriage as second-class status for same-sex couples. The movement prevailed with the help of courageous opponents such as Dan Foley, a Buddhist attorney who took on the Hawaii marriage-license applicants as clients after chanting about it; and Mary Bonauto, a lawyer for Gay & Lesbian Advocates & Defenders, whom former congressman Barney Frank called "our Thurgood Marshall." Issenberg's encyclopedic narrative, though written well on the sentence level, has an inelegant structure that reveals an author unable or unwilling to necessarily condense the narrative (at least 200 pages could have been cut). He also includes too many unedifying details, including an attempt to put Barack Obama's support for gay rights in context in part by stating, "Both Obama's high-school drug dealer and favorite college professor were gay men." Future journalists or historians will likely offer more efficient histories, but Issenberg's research makes the book a vital source for bookstores, libraries, and LGBTQ studies completists. An important story of a great civil rights battle told in exhaustive detail. Copyright (c) Kirkus Reviews, used with permission.

Copyright (c) Kirkus Reviews, used with permission.

Part One The Love That Ate an Island (1990-1996) 1 Seeking License Genora Dancel never thought she would get married. She had first suspected there was something different about her around the age of five when she realized that she preferred holding hands with girls rather than boys. In the schoolyard demography of 1965 she saw herself from a young age as an outlier: the boys concerned themselves with trucks and blocks, the girls played kitchen. Genora was drawn toward the domestic scene, but she resisted the expectations of femininity that accompanied it. I'll go play with the girls, she thought, but I want to be the one who brings home the bacon. As that inchoate instinct took shape as romantic, and then sexual, self-awareness, Genora envisioned a future that would defy norms, even if it was the only thing that to her felt normal. "I was going to have girlfriends instead of boyfriends," she recalls. "I always thought that was going to be something I had to deal with. I even thought, I'm going to have to get surgery, but I thought, I'm just a kid, why am I worrying or thinking about stuff like this? I always thought I was going to work it out." Her family of Filipino immigrants did little to impose their will on Genora and her two siblings. When Genora turned seven, her mother threw a birthday party and invited all the kids from their Honolulu neighborhood, half of whom she did not know. A march of unfamiliar faces to her front door not only failed to cheer the birthday girl, but actually unsettled her. Afterward, her mother asked Genora if she had had a good time. "I guess so, but I don't want a birthday party again," she said. "I just didn't like having all these strangers in my house." A few years later, the family moved out of the city to Ewa Beach, closer to the Navy base where Genora's father worked as a munitions specialist. On the weekends, while her sister puttered in the kitchen and her brother was out practicing martial arts, Genora would help her father. She learned how to replace a carburetor, fix the family TV and shortwave radio. She took an interest in mechanics. On Mondays, she would return to school and, when exchanging weekend recaps, match classmates' "I went to the beach" with "I fixed my dad's car." "That's not interesting to a lot of girls," she recalls. As she entered adolescence, Genora found it easy to delay the inevitable reckoning with her sexual identity. The family was Catholic, and although the Dancels did not regularly attend church they sent their children to catechism class. Yet as Genora grew up there wasn't much of a sense of sexual morality imparted to her, and--despite the image of carefree bodies frolicking on beaches--the archipelago seemed to embody a conflicted view of libertinage. The significant influence of Asian cultures tamped down public demonstrations of intimacy, all while a live-and-let-live island mentality promoted a quiet tolerance of what on the mainland had come to be described as "alternate lifestyles." When Elton John came out as bisexual, a teenaged Genora was jarred by the nationwide backlash among his teenage fans. "Let him be who he wants to be," she told friends. In high school, Genora grasped at any possible framework for understanding herself. She would turn down men who asked her out, happy to bluntly inform them that "I'm not that interested in you." She did not attend her prom, telling friends she did not care to spend the money. At one point, she thought she might be asexual. None of this seemed to worry her parents. In fact, a teenaged daughter who didn't seem at all distracted by boys meant one fully devoted to her studies. After college, Genora dated women. She moved in with one girlfriend for nearly two years; after Genora left, the girlfriend eventually settled down with a man, satisfying her parents' expectation of grandchildren. It became a familiar pattern among Genora's exes. "I knew that these women were seeing what they wanted to do. They would try it out, but they weren't really serious about it," she says. "I knew in the back of my mind that these women wanted to be married to a man and have kids." The cautious Genora made a quiet resolution of her own, to avoid any "serious relationship in my twenties because I'm still developing." Genora was already deeply committed to a career as a broadcast engineer. When she was about seven years old, she had attended the taping of the children's television program Checkers and Pogo at a local CBS station and was immediately distracted by the group of men cracking jokes off to the side of the soundstage. Throughout the taping, her eyes remained locked on to the crew, who operated heavy machinery in an air-conditioned room and had fun doing it. Genora had attended a two-year technical school in Washington state, and upon graduating she took the test for a Federal Communications Commission broadcast license. She abandoned the goal of teaching after her first job interview, at a California community college, where she was asked to explain luminescence and after doing so was told: "That's pretty good for a female." Instead, Genora applied for jobs with television stations and became the first woman to integrate the control rooms at a sequence of Honolulu affiliates. She committed to as much work as she could find, and for six years she held two full-time jobs at different stations, a series of eight-hour shifts starting at midnight. The busy schedule helped ensure that Genora didn't date much. When she did, however, Genora kept quiet about it, because in Honolulu and Hawaii--like all but a handful of very progressive jurisdictions--it was still legal to fire someone because he or she was gay. Even so, the studios' macho environments meant that Genora spent more time fending off approaches from male colleagues than feeling obliged to address her sexual identity around them. "She was just this hot gorgeous girl with this incredible smile, and was very pleasant to everyone," says C.J. Baehr, who helped launch an educational-programming unit housed at the PBS station, "so of course the men were hitting on her." One day in the summer of 1990, Baehr was getting out of her daughter Ninia's car in the station's parking lot when Genora appeared before them. "Oh, that beautiful woman Genora is my friend and I think she's a lesbian," C.J. told Ninia as she exited the vehicle. "And I think I'd be happy if she were your friend, too." Ninia, who had just returned that month to Hawaii after years on the mainland, was eager to meet people in the place she would again consider home. She had been out of the closet her whole adult life, and was not at all bashful about approaching women who interested her. The next time Ninia returned to the station she announced herself at the front desk. The receptionist paged Genora over the loudspeaker: "Genora Dancel, C.J. Baehr's daughter wants to meet you." Everybody knows C.J. Baehr has a daughter who is a lesbian, Ninia thought. Genora was among them. A year earlier, she had played board games with C.J. during an office bridal shower, and the two talked at length for the first time about their families. In the parking lot, spotting a woman her own age with fair skin--a telltale sign of a recent arrival from the mainland--in the driver's seat of the car transporting her coworker, Genora made the connection. Now, sitting in a control room with a colleague, she was startled to hear her name announced on the public-address system, summoned by the woman who had caught her eye earlier. Wow, she's beautiful, Genora had thought. Why would she want to meet me? She could have anyone. She exited the control room, tentatively. Upon making eye contact with the woman, who had long straight hair and wore a burnt-orange dress with thin shoulder straps, Genora nervously stumbled in reverse, backing into a wall. "I'm C.J.'s daughter, and I just wanted to meet you," Ninia said. The two exchanged a few words as others in the office surveilled the awkward scene. Ninia handed a phone number to Genora, who said she'd call. That night the two spoke for hours, concluding with plans for lunch on Saturday. They headed to a TGI Friday's and realized quickly that they had been born only four days apart at hospitals not far from each other in Honolulu. But from there, their lives had diverged significantly, and each found herself taken by the unfamiliarity of the other's biography. Genora, who had barely left Hawaii, was impressed as Ninia recounted her cosmopolitan upbringing: the daughter of lefty academics, she had grown up in Tennessee, Colorado, and Pennsylvania, and overseas in Norway and American Samoa. She had lived most recently on Manhattan's Lower East Side, working at both a rape crisis center and the women's-erotica store Eve's Garden, for which she traveled throughout the summer selling its sex toys at women's-music festivals. She had returned to Hawaii with a plan to return to school, and hopes of settling down. "I'd see like 8,000 naked lesbians in a weekend and talk to them about their vagina size, and I would think to myself, 'Wow, I've met thousands and thousands of lesbians and there isn't one for me,' " Ninia recalled. "I was just so lonely, thinking I was going to be alone for the rest of my life." Genora knew solitude, too, yet as soon as she started recounting her life story Ninia realized how different their two notions of loneliness were. Ninia appreciated that her lunch companion was someone who rarely had the opportunity to open up around other gay people and was discovering an alien comfort. "I felt I could tell her anything," says Genora. "You can be friends with someone who's straight, but it's more interesting to talk to someone who has the same understanding as you about living the gay life, or how life has been for you." After lunch, Genora drove Ninia up an extinct volcano to the ridge locals call Tantalus, which in one direction looks out upon the dominant monument on Oahu's natural landscape--the massive volcanic cone known as Diamond Head--and in the other over the skyline of downtown Honolulu, with its emblems of Pacific modernity. Surrounded by tourists whose eyes remained fixed on their cameras' viewfinders, Genora took little interest in the panorama. Instead she was excited to show off her silver Porsche 928, explaining how she had fixed up the used vehicle herself and opening the hood to reveal its engine. She could tell Ninia had little interest in cars, but thought she was being a good sport, and the two retreated afterward to Kailua, near Ninia's mother's house, where they bought a pizza to share on the beach. Their lunch date ended up lasting nine hours. Baehr and Dancel started scheduling dates to meet with their motorcycles. They would circle the island counterclockwise, a trip that took two and a half hours, unless there was a surfing event on the North Shore, when traffic would back up next to the shrimp trucks, and without accounting for a brunch stop at the Turtle Bay Resort. Dancel was proud that she rode only a BMW, a heavier, shift-driven bike that guaranteed a smoother ride; she looked disapprovingly on Baehr's preference for a smaller Kawasaki, which allowed the rider to rest both feet on the ground. It didn't much matter, though: Baehr seemed more comfortable straddling behind Dancel on her bike as they went for a ride. "I think she wanted to be the passenger more than a rider," Dancel said. When it came to politics, those roles were reversed. Genora had always kept her distance from advocacy, out of both disinterest and a shyness that predisposed her against putting herself in the center of attention. When they first started dating, Genora attended one of Ninia's talks and sat in the front row with her eyes fixated on a Nintendo Game Boy device on which she played Tetris. "She hunkered down, almost disappeared, because she was afraid she'd have to say something public," recalls Ninia's mother. Ninia and Genora amounted to a striking couple. Genora stuck to collared shirts and had a boxy visage, demarcated by a strong, orthogonal jaw. Ninia preferred sinuous floral-print dresses and kept her hair in a bob rounded along the contours of her teardrop-shaped face, a set of aesthetic choices that happened to match their communication styles. Ninia was an expansive speaker who used flowing sentences; Genora was often hesitant and halting in conversation. But they felt completely at ease with each other. Pretty soon, Ninia, who was still living with her mother, began staying regularly at Genora's home in Waipahu, on the other side of Honolulu. During her overnight shifts at the Fox affiliate, Genora would sometimes sneak away from the control room for an hour when her station went off the air and drive to Kailua to see Ninia. When Ninia took a job as codirector of the University of Hawaii's women's center, Genora would often walk up the hill from the television station at midday to bring her girlfriend lunch. Within their first two weeks of dating, Ninia told her mother she had "this feeling I'm going to be with this woman for the rest of our lives." That fall, less than three months later, Genora reached the same conclusion. She had traveled to Washington, DC, for a two-week course at George Washington University on satellite broadcasting. Afterward, she would fly to San Jose for a one-week training in Sony Betacam technology. It was the first time the pair had found themselves apart since meeting, and as Genora wandered alone through a shopping mall one afternoon, a ruby ring caught her attention. Ninia had mentioned her fondness for rubies, and Genora entered the store and had one sized to fit her lover's ring finger. Days later, Genora sat in her hotel room, clasping the ring in one hand and a phone in the other, as she proposed to Ninia. There wasn't a language for what she was asking or offering. "I just wanted to have a life with her," Genora says. "I thought our love could prevail over anything." Ninia said yes, but the word carried little weight beyond the phone call. There was only one place in the world where government recognized vows between people of the same sex. In May 1989, following a forty-year campaign by activists, the Danish parliament had approved "registered partnerships." The designation afforded gay and lesbian couples many of the legal entitlements and responsibilities of marriage--with the notable exception of the right to adopt--while pointedly omitting the word marriage. When Genora returned to Hawaii and handed Ninia the ring, the two thought they had entered into little more than an "emotional agreement" with each other, as the latter put it, and didn't even tell their friends or family about the commitment they had made. Excerpted from The Engagement: America's Quarter-Century Struggle over Same-Sex Marriage by Sasha Issenberg All rights reserved by the original copyright owners. Excerpts are provided for display purposes only and may not be reproduced, reprinted or distributed without the written permission of the publisher.