Book Review by Paul M. Smith
In this true novelty of a book, a married heterosexual couple—law professors Ian Ayres and Jennifer Gerarda Brown—reveal a remarkable amount of creative thinking about how “straight allies” of the movement for lesbian, gay, bisexual, and transgender (LGBT) legal and social equality can and should act at this crucial juncture in that struggle. There is much to learn from this intensive examination. And although the authors clearly intended to spark discussion and debate, it almost seems churlish to offer criticism of such a good-hearted and creative book.
But some of the concerns expressed and proposals made by Ayres and Brown seem somewhat divorced from reality and from their professed goal of effectively promoting full LGBT equality. In particular, I doubt the wisdom of attempting to jump-start the integration of the armed forces by creating separate “inclusive” and “exclusive” units. Other areas of concern are how the authors approach the question of “ambiguation”—the deliberate obscuring of sexual orientation by heterosexual allies—as well as the question whether such allies should avoid marriage until it is equally available to same-sex couples. Reading Straightforward provides a useful opportunity to step back and assess where the movement for LGBT equality stands, in order to provide some context for considering the contributions offered here. With that context set forth, I hope to explain why I agree with much of what the authors have to say, while concluding that some of their particular proposals may bear rethinking.
But first some disclaimers. I recognize the danger that my assessment of the context—the current state of the LGBT struggle—is colored (in ways I may not be aware of) by having had the personal opportunity to argue in the United States Supreme Court in the case of Lawrence v. Texas, which stands as a landmark on the path toward LGBT equality. Playing that role in Lawrence led me to the opportunity to serve on the Board of Directors of our cocounsel organization, the estimable Lambda Legal Defense & Education Fund (Lambda). Lambda, in turn, figures prominently in some parts of Straightforward because of its central role in gay rights litigation and the questions raised by Professors Ayres and Brown about how straight allies can relate to such gay rights organizations. But nothing said here should be read as speaking on behalf of Lambda.
About the Author
Paul M. Smith. Managing Partner of Jenner & Block's Washington D.C. office and Co-Chair of the firm's Appellate and Supreme Court Practice; Chair of the Board of Directors of the American Constitution Society.
Citation
80 Tul. L. Rev. 1001 (2006)