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Speak Now: Marriage Equality on Trial

par Kenji Yoshino

Membres	Critiques	Popularité	Évaluation moyenne	Mentions
101	21	270,024	(4.26)	2
"A renowned legal scholar tells the definitive story of Hollingsworth v. Perry, the trial that will stand as the most potent argument for marriage equality. In 2008, California voters passed Proposition 8, rescinding the right of same-sex couples to marry in the state. Advocates for marriage equality were outraged. Still, major gay-rights groups opposed a federal challenge to the law, warning that it would be dangerously premature. A loss could set the movement back for decades. A small group of activists, however, refused to wait. They turned to corporate lawyers Ted Olson and David Boies--best known for arguing opposite sides of Bush v. Gore--who filed a groundbreaking federal suit against the law. A distinguished constitutional law scholar, Kenji Yoshino was also a newly married gay man who at first felt ambivalent about the suit. Nonetheless, he recognized that Chief Judge Vaughn Walker's decision to hold a trial in the case was momentous. Boies and Olson rose to the occasion, deftly deploying arguments that LGBT advocates had honed through years of litigation and debate. Reading the 3,000-page transcript, Yoshino discovered a shining civil rights document--the most rigorous and compelling exploration he had seen of the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the inability of direct democracy to protect fundamental rights. After that tense twelve-day trial, Walker issued a resounding and historic ruling: California's exclusion of same-sex couples from civil marriage violated the U.S. Constitution. In June 2013, the United States Supreme Court denied the final appeal in Hollingsworth v. Perry, leaving same-sex couples in California free to marry. Drawing on interviews with lawyers and witnesses on both sides of the case, Yoshino takes us deep inside the trial. He brings the legal arguments to life, not only through his account of the case, but also by sharing his own story of finding love, marrying, and having children. Vivid, compassionate, and beautifully written, Speak Now is both a nuanced and authoritative account of a landmark trial, and a testament to how the clash of proofs in our judicial process can force debates to the ultimate level of clarity"--… (plus d'informations)

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FleetSparrow, anthony.agnessanto, 1000wishes, mrclibrarymsu, ReadingrainbowLGBTQ, RLNunezKPL, Nessa_Robere

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Winning Marriage: The Inside Story of How Same-Sex Couples Took on the Politicians and Pundits - and Won par Marc Solomon (JanesList)
JanesList: Both of these books tell a part of the story of the fight for same-sex marriage in US, and both are quite readable. Speak Now is about the Perry trial, and Winning Marriage is about specific campaigns across the country.

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Affichage de 1-5 de 22 (suivant | tout afficher)

I had read another book by the author and was intrigued by this one. I am old enough to have watched the vote for Proposition 8 in California (which would rescind the right for same-sex couples to marry) and comprehend the consequences for its passage, politically, socially, etc. This follows the legal battle to overturn this law and the journey for both the author and the ultimate fate of the law (which was eventually overturned with the final appeal being denied).

Weaving both his personal story and the lawsuit, Yoshino also interviewed witnesses and lawyers on both sides of the case, bringing together a story that probably could not be covered any other way, as a longread in a magazine/newspaper, etc. would not do this justice. Yoshino himself felt ambiguous about the challenge, but obviously the impact of Proposition 8 had significant repercussions not only for Californians but potentially for the nation as well.

I have to admit, this was extremely dull. As mentioned, I read another book by the author and was not all that into that one either but read this for both the subject matter and that this is a little different (a breakdown of a case vs. a more of a "how to" book). The negative reviews nail it: this is an extremely important book and does cover something that needed a book like this vs reporting or a documentary, etc. But the writing is extremely hard and as someone who is a layperson who is not familiar with this challenge, the legal terms, etc. I found it rather tough to read.

Of course, this is definitely a book of interest to LGBTQ+ issues, the law, etc. I would not be surprised to see this on law school syllabi, civil rights syllabi, etc. but as mentioned, for a regular Joe or Jane who is not an expert this might not be for you unless you have a particular tie or interest for this case.

Borrowed from the library and that was best for me. (

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HoldMyBook | Aug 29, 2023 |

I have never considered myself an activist, nor have I engaged myself deeply in the conversation regarding gay marriage. It made sense that when I wanted to look into it, I looked for a source I could trust, Professor Yoshino. Yoshino does a great job of breaking down the trial into the key elements (heightened scrutiny, rational basis, legislative vs adjunctive facts), and his own research augments the factual nature of the book. I'm also impressed by how he wove his personal story into the mix. There are moments where you feel like the author has a personal stake, and that influences his positions. Yoshino does not hide this fact; he discusses even in Perry how personal stories and combined with more "scientific" arguments served to convince. His choice to wade into the trial, made the book moving rather than just good. I also found it interesting, his faith in the institution of trials. He argues that in a lot of ways trials can be more objective and fair minded than democratic debate. In a trial, experts and facts are cross examined, and pushed against, while in democratic debate (either in the legislature, ballot initiatives, or even friends of the court) falsehoods can linger a long time, simply since there was no opportunity for a focused rebuttal and discussion. I find his faith in trial powerful and convincing, and an interesting angle that enriches the question of counter-majoritarian virtue. It lends faith to the judicial system without resorting to degrading the intelligence of voters. I do not agree with everything he has to say, but I find the way he says it to be powerful and beautiful. (

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vhl219 | Jun 1, 2019 |

Cette critique a été écrite dans le cadre des Critiques en avant-première de LibraryThing.

If you are not particularly familiar with the history of marriage rights activism, you might not know that Perry was not the decision that opened up the right to marry to all 50 states. It was, however, one of the only cases on marriage equality to see a full trial, and for that reason became a valuable record of not just the opposing merits of each position in the topic of marriage equality, but also a demonstration of one of the most powerful benefits provided by the court, that being a forum in which through the use of adversarial debate restricted by rules of law, logic and propriety, the truth can be chiseled out of propaganda and appeals to emotion. Speak Now does an excellent job of demonstrating this. Everything that happens at trial is presented clearly for those of us without JDs, and the focus is on the merit of the arguments, with criticism and praise going to both sides of the aisle. Yoshino is gay, and he does make the occasional aside about how this trial and the greater fight for rights affected him personally, but he is also a trained lawyer, and the most refreshing thing about this book is how calmly it treats an issue that was extremely volatile, and how he focuses on the process of law and rarely concerns himself with making points outside of that. For that reason, even if you are not particularly interested in the exact arguments that were laid out by either side during the Perry trial, if you are curious about how judges and courts operate, this is a great primer to that. And considering that in the year 2017 we are in a position where it is more important than ever for the everyday american to understand the mechanisms of our government, I would strongly suggest this book. (

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bokai | Feb 25, 2017 |

My wife bought me this book while away at a conference as the topic hits home and was written by a law professor. The book was quite good. It read a bit a like a legal thriller in the sense that you could feel the tension in the courtroom and with some of the maneuverings of the attorneys. The book does a great job of setting up the basis for the trial (the passage of Proposition 8 in California). The real heart of the book though was the telling of the trial. The back and forth between the plaintiffs and proponents. (Although the plaintiffs technically sued the state of California, the state government refused to defend the case and instead the defense was taken up by those people behind Prop 8, the proponents and Yoshino calls them that throughout the book.) From a legal perspective, seeing something like this, something tangible yet amorphous at the same time, was fascinating. Perhaps even more fascinating is the scant defense that was put up. That's not to say that the proponents did not fight vigorously or their lawyers did a bad job (although some the lead proponent's attorney's gaffes were incredible), but the actual number of witnesses and evidence they relied on was slim. The appellate process, while always lengthy, was nicely condensed. The only real weakness in the book was the last chapter. While it is clear Yoshino is trying to sum up the book and wrap it all together, it comes across as wordy and unnecessary. Although the book was first published in 2015, the paperback version (which I read) was published in 2016 and I would have liked to have seen an update afterword with respect to the Obergefell v. Hodges case. (

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weejane | Mar 27, 2016 |

Cette critique a été écrite dans le cadre des Critiques en avant-première de LibraryThing.

Wow. Amazing. Already a candidate for best book I’ve ready all year (and it’s only February!). This is the story of what happens when civil marriage meets religious marriage . . . as it played out in the courtroom, not in television ads. I really loved it – I knew I was going to love it when I learned in the first few pages that the lawyers who brought the case against Prop 8 were the lawyers who faced off against each other in Bush v. Gore. How did I not know that? Random facts aside, Yoshino treats the subject, the lawyers, and the witnesses with respect while writing a thorough, but easy-to-read masterpiece. Yes, I said masterpiece. (

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stephivist | Feb 20, 2016 |

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American Bar Association Silver Gavel Award (Gagnant – 2016)

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"A renowned legal scholar tells the definitive story of Hollingsworth v. Perry, the trial that will stand as the most potent argument for marriage equality. In 2008, California voters passed Proposition 8, rescinding the right of same-sex couples to marry in the state. Advocates for marriage equality were outraged. Still, major gay-rights groups opposed a federal challenge to the law, warning that it would be dangerously premature. A loss could set the movement back for decades. A small group of activists, however, refused to wait. They turned to corporate lawyers Ted Olson and David Boies--best known for arguing opposite sides of Bush v. Gore--who filed a groundbreaking federal suit against the law. A distinguished constitutional law scholar, Kenji Yoshino was also a newly married gay man who at first felt ambivalent about the suit. Nonetheless, he recognized that Chief Judge Vaughn Walker's decision to hold a trial in the case was momentous. Boies and Olson rose to the occasion, deftly deploying arguments that LGBT advocates had honed through years of litigation and debate. Reading the 3,000-page transcript, Yoshino discovered a shining civil rights document--the most rigorous and compelling exploration he had seen of the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the inability of direct democracy to protect fundamental rights. After that tense twelve-day trial, Walker issued a resounding and historic ruling: California's exclusion of same-sex couples from civil marriage violated the U.S. Constitution. In June 2013, the United States Supreme Court denied the final appeal in Hollingsworth v. Perry, leaving same-sex couples in California free to marry. Drawing on interviews with lawyers and witnesses on both sides of the case, Yoshino takes us deep inside the trial. He brings the legal arguments to life, not only through his account of the case, but also by sharing his own story of finding love, marrying, and having children. Vivid, compassionate, and beautifully written, Speak Now is both a nuanced and authoritative account of a landmark trial, and a testament to how the clash of proofs in our judicial process can force debates to the ultimate level of clarity"--

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