Gay rights pioneer Mary Bonauto to argue Supreme Court marriage case

The woman who won the nation’s first gay marriage lawsuit has been tapped to represent gay couples from four states when the issue goes to the U.S. Supreme Court in April.

Mary L. Bonauto will represent the 35 petitioners from Michigan, Ohio, Tennessee and Kentucky who are asking the high court to legalize marriage rights for them in those states. The petitioners include four children.

Ms. Bonauto argued and won Goodridge v. Massachusetts Department of Public Health case in 2003. The narrow 4-3 court victory paved the way for the first state marriage licenses to be issued to gay couples in May 2004.

Ms. Bonauto’s appearance at the high court’s April 28 oral arguments means she will lead the marriage-equality movement “on the final mile” of its journey, said Janson Wu, executive director of Gay and Lesbian Advocates and Defenders, where Ms. Bonauto serves as director of GLAAD’s civil rights project.

The Supreme Court has asked that two questions be answered: “Does the 14th Amendment require a state to recognize a marriage between two people of the same sex?” and does the same amendment require states to recognize same-sex marriages legally performed in other jurisdictions.

Ms. Bonauto will argue the first questions for the gay petitioners.

Douglas Hallward-Driemeier, a partner at Ropes & Gray who leads the law firm’s appellate and Supreme Court practice, will argue for them on the second question.

For the states — which maintain that their man-woman marriage laws are constitutional and proper — John J. Bursch, special assistant to the attorney general of Michigan and former state solicitor general, will argue the first question, while Joseph F. Whalen, associate solicitor general of Tennessee, will handle the second.

Ninety minutes will be allotted for the first question and 60 minutes for the second.

An attorney representing the United States will also appear on behalf of the gay petitioners.

Supreme Court hearings are not available on video, but written transcripts of the arguments should be available on the same day.

Many gay-rights attorneys have been vying to argue the high-profile cases at the Supreme Court, and earlier in March, a formal request was made to permit five lawyers to speak instead of three.

Their request was essentially denied, and on Tuesday, the attorneys wrote to Scott Harris, clerk of the Supreme Court, to let him know that Ms. Bonauto and Mr. Hallward-Driemeier would make the arguments for the petitioners.

Ms. Bonauto said Tuesday that the road to the Supreme Court “has been built by so many people who believe that marriage is a fundamental right.”

“I believe the court will give us a fair hearing, and I look forward to the day” when all Americans who are lesbian, gay, bisexual and transgender” will be able to marry the person they love,” she said.

The Supreme Court is expected to issue its ruling on before its session ends in June.

Attorneys with American Civil Liberties Union, Lambda Legal and National Center for Lesbian Rights have played major roles in these and other cases since the early 1990s.