• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Towleroad Gay News

Gay Blog Towleroad: More than gay news | gay men

  • Travel
  • Sports
  • Law/Justice
  • Celebrities
  • Republicans
  • Madonna
  • Books
  • Men
  • Trans Rights
  • Royals
  • Monkeypox
  • John Waters believes mainstream Hollywood films are finally as shocking as his cult movies
  • Sir Elton John is ‘back home and in good health’ after being rushed to hospital
  • Robin Roberts Wedding—All the ‘I Do’ Details: The Dress, the Guest List, the Snubs and More Revealed

You Want to Get Married, Too?

Ari Ezra Waldman September 1, 2010

Surprisingly, Boston Legal raises a few complicated and interesting questions here. Legal recognition of intimate privacy and legal recognition of non-procreative unions are the two precedential pillars supporting the infrastructure of marriage equality in the courts.

The Supreme Court's seminal decision in Lawrence v. Texas stood on the shoulders of a so-called right to privacy in intimate situations derived from cases like Griswold v. Connecticut, which overturned a contraception ban by saying that married people should be able to do what they want in the "marital bedroom"; Eisenstadt v. Baird, which said the right to make decisions about sexual conduct extended to unmarried couples who ran afoul of contraception bans; Roe v. Wade, which made sure an individual women could make her own decisions about her sexual and procreative destiny.

And, as Justice Kennedy stated in Lawrence, "individual decisions by married persons, concerning the intimacies of their physical relationship, even when not intended to produce offspring, are a form of 'liberty' protected by the Due Process Clause of the Fourteenth Amendment." A liberty that has been extended to unmarried persons, as well.

So, why did the fictional gay community in Boston Legal have its knickers in a twist?

Because the Shatner-Spader wedding is a sham. At its core, it's a way to stop the government from taking a huge chunk of Shatner's estate. It makes us uncomfortable because this is not what we had in mind. Those of us who advocate on behalf of marriage equality do so in the language of love and equality. But sometimes we fail to realize that those values are not joined at the hip. Sometimes, treating people equally requires us to eschew other deeply held values, like when the ACLU supports the Westboro Baptist Church's First Amendment right to spout hate at military funerals. We may want to bathe in Purell when we're done, but we still dive into the mud.

By the way, here's how the judge, played by the underused Roma Maffia, decided this case:

Judge: I do find this union to be primarily based on money. I also agree with Mr. Pinard. This is exactly the kind of exploitation that the Christian Right and others feared. But I also recognize that people marry for all sorts of reasons. It's not the government's place to ask why. Mr. [McGarry],   there are many gays to marry heterosexuals, also gays to marry gays of the opposite sex because they want to start a family, be co-parents. Nothing to do with romantic love. I hardly think you think the government should step in and stop that. Same-sex unions are legal in Massachusetts. Your motion for an injunction is denied."

BY ARI EZRA WALDMAN

Ari Ezra Waldman is a 2002 graduate of Harvard College and a 2005 graduate of Harvard Law School. After practicing in New York for five years and clerking at a federal appellate court in Washington, D.C., Ari is now on the faculty at California Western School of Law in San Diego, California. His areas of expertise are criminal law, criminal procedure, LGBT law and law and economics. Ari will be writing biweekly posts on law and various LGBT issues.

Denny_alan Boston Legal was never appointment television for me. The cast was all-star — James Spader, John Larroquette, Candice Bergen and even the inimitable William Shatner — but the writing was no-star. It was kitchy, too cute by half and way too legal for someone who was billing 2500 hours that year.

But my mom likes it. Last week, while likely trying to avoid talking to my father, she stumbled across the series' last episode on whatever channel 9 is in central New Jersey.

"Last Call" saw Shatner's law firm and brain falling apart. To save the law firm, he sold it to the Chinese; to save his brain from Alzheimer's, he wanted to do two things: Take an experimental drug not approved by the FDA and marry his best friend and business partner, Alan Shore (James Spader), to ensure that Shatner's assets would be in good hands (no pun intended).

Two heterosexual men getting married to each other? Scandalous!

Candice Bergen didn't like their "scheme", saying, "It's a sham. … It is no different than two people who aren't really in love with each other marrying for a green card."

Really? But, as Spader said, "I love Denny, I believe he loves me, and there's no requirement that a couple be 'in love.'"

The clerk at Boston Municipal Court didn't like this, either. She — played by an actor who often plays minor lesbian characters, but is not a lesbian herself — notified the local gay and lesbian advocacy organization, which promptly asked for an injunction to prevent the Crane-Shore wedding.  Here's what happened (my transcription):

Judge: So basically, this marriage is all about money.
Spader: Judge, I would guess a lot of marriages are. If you trace the institution to its origins, you'll discover that marriage had its roots in economics. Not love, money.
Chris McGarry (representing the gay rights organization and who recently showed up on a Mad Men episode): I find it offensive.
Spader: Why?
McGarry: I'll tell you why. Speaking as a gay man, we have had to fight long and hard for this right.  We have suffered ridicule, hatred, gay bashing…
Spader: You're preaching to the All-Boys' Choir. We're with you on all that.
McGarry: No you're not. You're making a mockery of it.
Spader: We're doing no such thing.
McGarry: You're blatant heterosexuals.
Spader: So what? Are you proposing a rule that every couple be sexually active or procreational because that one's been used against you.
McGarry: Your Honor, this is exactly what the religious right and conservative movements have been warning of: If we allow same-sex marriage, what next? Well, this is what's next. You will see people exploiting same-sex unions to circumvent…
McGarry: You hypocrite.
Judge: Alright.
McGarry: He's suggesting we go into some kind of discovery as to why two people want to marry. The very kind of invasive…
Judge: It does seem a bit cynical. You are basically wanting to marry Denny Crane (Shatner's character) to skirt tax laws.
Spader: Your Honor, in this day and age, the preservation of wealth is paramount, and I'm sorry, but before I see Mr. Crane's money go to fund immoral wars or less moral government bailouts, I'd rather see it go to me. The plans I have for it are far more philanthropic. And, by the way (to Pinnard), I love him. I love the man. He loves me. We're partners. To say that we cannot get married because we don't have sex is just as preposterous and bigoted as banning marriage based on who a person chooses to have sex with.
McGarry: You will be fueling a fire to pass a constitutional amendment to ban gay marriage…
Spader: You're the one stoking the embers. For what it's worth, this isn't just about money. There are medical reasons. He happens to be suffering from an incurable illness…
McGarry: You can do that by proxy.
Spader: He doesn't want to. He wants a partner. A legal spouse.
McGarry: Why?
Spader: That's his prerogative. His privacy. You seek to invade that too?

How should the judge decide? And why?

Continue reading "You Want to Get Married, Too?" AFTER THE JUMP…

Topics: Actor, Business, News More Posts About: Ari Ezra Waldman, gay marriage, News

Related Posts
  • Former Roommate Indicted For Murder Of Florida LGBTQ Activist Jorge Diaz-Johnston, One of the Public Faces In State Fight For Marriage Equality
  • Russia Blocks Facebook, Accusing it of Restricting Access to Russian Media;
  • Survivor Benefits Payments For Same-Sex Partners Are Being Paid Under Biden, But Many Don’t Even Know They Qualify
  • Sir Elton John is ‘back home and in good health’ after being rushed to hospital

    Sir Elton John is ‘back home and in good health’ after being rushed to hospital

    Published by BANG Showbiz English Sir Elton John is “back home and in good health” after being rushed to hospital. The 76-year-old pop icon suffered a fall at his French villa on Sunday (27.08.23) evening and …Read More »
  • Robin Roberts Wedding—All the ‘I Do’ Details: The Dress, the Guest List, the Snubs and More Revealed

    Robin Roberts Wedding—All the ‘I Do’ Details: The Dress, the Guest List, the Snubs and More Revealed

    Published by OK Magazine Here's to the newlyweds! On Friday, September 8, Good Morning America star Robin Roberts tied the knot with her girlfriend of 18 years, Amber Laign. The reporter broke the news on her …Read More »
  • Ellen DeGeneres announces TV return after 16-month absence

    Ellen DeGeneres announces TV return after 16-month absence

    Published by BANG Showbiz English Ellen DeGeneres has announced her return to TV. The 65-year-old star's eponymous ‘The Ellen DeGeneres Show' came to an end in May 2022 after 19 seasons and she's now revealed her …Read More »
  • Madonna ‘Would Love’ for Britney Spears to Come on Tour With Her After Recent Split From Sam Asghari

    Madonna ‘Would Love’ for Britney Spears to Come on Tour With Her After Recent Split From Sam Asghari

    Published by OK Magazine After Sam Asghari filed for divorce from Britney Spears, it seems like her good pal Madonna is hoping to help her out by bringing her on her Celebrations Tour once it resumes …Read More »
Previous Post: « Miss Universe Jimena Navarrete Supports Marriage Equality
Next Post: Should Obama Be Worried About Growing GOP Support for Gays? »

Primary Sidebar

Most Recent

  • John Waters believes mainstream Hollywood films are finally as shocking as his cult movies

    John Waters believes mainstream Hollywood films are finally as shocking as his cult movies

  • Sir Elton John is ‘back home and in good health’ after being rushed to hospital

    Sir Elton John is ‘back home and in good health’ after being rushed to hospital

  • Robin Roberts Wedding—All the ‘I Do’ Details: The Dress, the Guest List, the Snubs and More Revealed

    Robin Roberts Wedding—All the ‘I Do’ Details: The Dress, the Guest List, the Snubs and More Revealed

  • Ellen DeGeneres announces TV return after 16-month absence

    Ellen DeGeneres announces TV return after 16-month absence

  • Madonna ‘Would Love’ for Britney Spears to Come on Tour With Her After Recent Split From Sam Asghari

    Madonna ‘Would Love’ for Britney Spears to Come on Tour With Her After Recent Split From Sam Asghari

  • Lourdes Leon, Daughter Of Madonna, Shocks With See-Through String Dress At Victoria’s Secret Show

    Lourdes Leon, Daughter Of Madonna, Shocks With See-Through String Dress At Victoria’s Secret Show

  • Mike Pence Confronted by Emotional Mom of Trans Child About Laws to Protect Lgbtq Kids From Violence

    Mike Pence Confronted by Emotional Mom of Trans Child About Laws to Protect Lgbtq Kids From Violence

  • ‘This Was a Brand New Subject’: Donald Trump Grilled by Megyn Kelly About Supporting Trans Caitlyn Jenner in 2016

    ‘This Was a Brand New Subject’: Donald Trump Grilled by Megyn Kelly About Supporting Trans Caitlyn Jenner in 2016

Adjacent News

  • Did the UAE ban the Barbie movie? What about Saudi Arabia?

    Did the UAE ban the Barbie movie? What about Saudi Arabia?

  • From penal camp, dissident Navalny calls on Russians to resist Putin

    From penal camp, dissident Navalny calls on Russians to resist Putin

  • As contentious judicial ‘reform’ becomes law in Israel, Netanyahu cements his political legacy

    As contentious judicial ‘reform’ becomes law in Israel, Netanyahu cements his political legacy

Good Trash: Going to Read It Somewhere, Y'know

  • Beyonce pays tribute to stabbed fan

    Beyonce pays tribute to stabbed fan

  • Dwight Howard’s Assault Accuser Submits Uber Receipt as Evidence in Court Battle With Ex-Lakers Star

    Dwight Howard’s Assault Accuser Submits Uber Receipt as Evidence in Court Battle With Ex-Lakers Star

  • After Bud Light, Ukraine ‘Scandals,’ Garth Brooks Surprises Again

    After Bud Light, Ukraine ‘Scandals,’ Garth Brooks Surprises Again

Partner Links

  • “Cassidy Hutchinson said that Rudy Giuliani groped her on January 6th” links
    Cassidy Hutchinson said that Rudy Giuliani groped her on January 6th. […]
  • Mail: Duchess Meghan’s ex-husband Trevor Engelson is happily remarried
    Considering how badly it could have gone, I actually think the […]
  • See trailer for Andrew Haigh highly-anticipated “All of Us Strangers” starring Andrew Scott & Paul Mescal
    One of the best movies I’ve ever seen at LA Outfest […]
  • Remains of the Day (09/21)
    NYP: Sounds like entrapment to me -- surprised he wasn't eaten aliveThe […]
  • OMG, *NSync break another record while appearing on HOT ONES
    5 guys and a 60 Wing MUKBANGGG!! *NSYNC is back, reunited […]

Most Commented

Social

Twitter @tlrd | Facebook | Instagram @tlrd

About

  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy
[towleroadmr] [towleroadtn]

Footer

Ptown Hacks 2018

Read

  • Travel
  • Film
  • Law – LGBT Rights
  • Columns
  • Specials

About

  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Copyright © 2023 · Log in

×
×