American Civil Liberties Union

(Originally posted on Huffington Post.)

As you probably know, a couple of days ago the Supreme Court decided Christian Legal Society of Hastings College of the Law v. Martinez. The court ruled 5-4 that the Christian Legal Society (CLS) did not have a constitutional right to an exemption from the school's diversity policy.

(Originally posted on Huffington Post.)

Early in 1978, I hung out a shingle and began practicing law with three friends on Castro Street in San Francisco. It was before HIV turned all our lives upside down, but we soon realized that hospital ICU visitation policies were a big problem for the LGBT community. So many lesbians and gay men in those days had come to San Francisco because life elsewhere was impossible. They'd built families because they were rejected by their "natural" families. But most medical facilities didn't recognize those families.

(Originally posted on Huffington Post.)

Several people have asked me questions recently about the marriage case in federal court in San Francisco (the case brought by Ted Olson and David Boies). In this first post, I'll cover possible outcomes, consequences, what might happen in the court where the case is now, and what might happen in the Court of Appeals. I'll post tomorrow on what might happen if the case gets to the Supreme Court.

(Originally posted at Pam's House Blend)

It's all over the blogs, the LGBT press, at LGBT gatherings: the way to get equality for LGBT people is with one sweeping federal law. There are two main arguments: 1) history — this is the way most minorities in America got equality; and 2) political — this is quickest way to get full protection for LGBT people. The problem is that the history is dead wrong and the political prediction ignores some fundamental truths about politics in America today, and how change gets made.

As I explain in an essay in this year’s ACLU report on LGBT rights, there are eight great federal civil rights laws on race, not one. The five modern laws came not all at once, but over 15 years (you can read the whole essay here).

The movement for legal equality didn’t start at the federal level, and didn’t end there either. Twenty-four states had laws banning race discrimination on the job before the 1964 civil rights act. On some issues — like discrimination in public accommodations and housing — states have stronger laws.

Change has typically started in progressive states, and while continuing to more moderate states, moved forward in pieces at the federal level. That doesn’t mean this is the only way to do it. But the political climate in America today, the nature of the issues and our ultimate goal all tell us that a tandem state/federal strategy is the way to go.

While strong majorities of Americans support some civil rights for LGBT people, that doesn’t translate into support in Congress or the federal courts. That’s partly a reflection of conservative dominance of federal politics for 20 of the last 28 years and partly an illustration of a political truth: a motivated minority will beat an apathetic majority every time. We may have more supporters than our opponents, but they have far more who are willing to vote and give money on the issue.