A review by muhly22
Then Comes Marriage: United States V. Windsor and the Defeat of DOMA by Roberta Kaplan
3.0
I received this as part of Goodreads' First Reads program.
I tend to relatively apathetic on so-called "moral issues." I'm more conservative and religious, but I also dislike government regulation of morals. Well, unless we're criminalizing something. Criminalization is a moral judgment, but a moral judgment that civil society has to make. The criminal code is a minimal moral code, a code that society has decided to say, "If you go past this line, you will be punished." Whether to allow gay marriage or not is not something our government needs to concern itself with.
Robbie Kaplan wouldn't disagree with me. But that's not the focus of her book. She instead focuses on the concepts of dignity and respect that inform the equal protection argument, and understandably so. It's a powerful argument, and one that is legally correct (and yes, I would have said that before the Supreme Court agreed with me)...it's just not the argument that persuades me.
This is a fascinating look inside the team that took DOMA to court and won. We don't often get to see inside these kinds of cases, because of concerns such as attorney-client privilege and the busy schedules of the lawyers who would generally write these kinds of books, not to mention that most lawyers lack the ability to write in a clear, engaging manner (seriously...I've read quite a bit of drivel from the pens of lawyers).
I give Kaplan all kinds of credit for her writing style. She's engaging, funny (although there are a few inside jokes that aren't nearly as funny to people not on the Windsor team), and writes, well...not like a lawyer.
My one criticism: Kaplan frequently (seriously...like every other page) says she was humbled or inspired by all sorts of things. That's a pet peeve of mine; athletes or celebrities who are "humbled" by receiving some sort of award, etc. I'm not going to call her a liar, but it felt disingenuous and excessive.
I tend to relatively apathetic on so-called "moral issues." I'm more conservative and religious, but I also dislike government regulation of morals. Well, unless we're criminalizing something. Criminalization is a moral judgment, but a moral judgment that civil society has to make. The criminal code is a minimal moral code, a code that society has decided to say, "If you go past this line, you will be punished." Whether to allow gay marriage or not is not something our government needs to concern itself with.
Robbie Kaplan wouldn't disagree with me. But that's not the focus of her book. She instead focuses on the concepts of dignity and respect that inform the equal protection argument, and understandably so. It's a powerful argument, and one that is legally correct (and yes, I would have said that before the Supreme Court agreed with me)...it's just not the argument that persuades me.
This is a fascinating look inside the team that took DOMA to court and won. We don't often get to see inside these kinds of cases, because of concerns such as attorney-client privilege and the busy schedules of the lawyers who would generally write these kinds of books, not to mention that most lawyers lack the ability to write in a clear, engaging manner (seriously...I've read quite a bit of drivel from the pens of lawyers).
I give Kaplan all kinds of credit for her writing style. She's engaging, funny (although there are a few inside jokes that aren't nearly as funny to people not on the Windsor team), and writes, well...not like a lawyer.
My one criticism: Kaplan frequently (seriously...like every other page) says she was humbled or inspired by all sorts of things. That's a pet peeve of mine; athletes or celebrities who are "humbled" by receiving some sort of award, etc. I'm not going to call her a liar, but it felt disingenuous and excessive.