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‘Realizing the Dream: Equality for All’ Explore the movement for civil and human rights; reflect on the work that remains. Marking 50 Years of ‘Gideon’ The Pursuit of Justice: A Constant Striving right to a lawyer to represent trial unless counsel is provided them, regardless of their ability for him,” id., had the humblest of to pay. The court wrote: beginnings. Clarence Earl Gideon From the very beginning, was a drifter and a gambler with Jonathan Lippman our state and national con- an 8th-grade education and a stitutions and laws have laid string of burglary convictions. He A. Gail Prudenti had been charged with committing Chief Judge great emphasis on procedural Chief Administrative Judge State of New York and substantive safeguards a felony by breaking and entering a designed to assure fair trials pool hall with the intent to commit New York State before impartial tribunals in petit larceny. His request to have Unified Court System his year on Law Day we cel- on Washington and Dr. Martin which every defendant stands a lawyer appointed to represent Tebrate the principle of equality Luther King Jr.’s world-changing equal before the law. This him at trial was denied, and he uman progress is neither King’s memorable words reso- under the law with the Law Day “I Have a Dream” speech. These noble ideal cannot be realized proceeded to represent himself. ‘Hautomatic nor inevitable…. nate more powerfully than ever theme of “Realizing the Dream: transforming words of two great if the poor man charged with He was convicted and sentenced Every step toward the goal of jus- and reinvigorate the judiciary’s Equality for All.” Equality and American heros continue to reso- crime has to face his accusers to five years in prison. The land- tice requires sacrifice, suffering, tireless pursuit of justice. For our equal justice are bedrock values nate today as we strive to protect without a lawyer to assist him. mark Supreme Court case that and struggle; the tireless exer- branch of government, the dream of the American legal system, the rights of all people in this would change criminal justice in tions and passionate concern of of “equality for all” translates and they are essential to the pro- country. Gideon v. Wainwright, 372 U.S. this country began with Gideon’s dedicated individuals.”—Rev. Dr. most tangibly to providing equal tection of our Constitutionally- It is also the 50th anniversary 335, 344 (1963) (emphasis added). five-page petition, written by hand Martin Luther King Jr. access to justice and promoting guaranteed liberties. Reflections of another milestone in the his- This powerful recognition of in pencil and mailed from the This year, as we commemorate fairness and diversity within the on equality are especially fitting tory of equal justice in the United the “obvious truth” that “in our Florida State Prison in Riaford, Fla. two historic milestones, the 150th court system. this year, the 150th anniversary States. On March 18, 1963, the U.S. adversary system of criminal The Supreme Court took the case, anniversary of the Emancipation We are committed, above all, of President Abraham Lincoln’s Supreme Court held in Gideon v. justice, any person haled into assigned the great Abe Fortas to Proclamation and the 50th anni- to ensuring that all people who Emancipation Proclamation and Wainright that criminal defendants court, who is too poor to hire a represent Gideon, and delivered a versary of the March on Wash- enter our courts are treated the 50th anniversary of the March in state or federal court have a lawyer, cannot be assured a fair ruling that fundamen- » Page 13 ington for Jobs and Freedom, fairly and receive » Page 13 Embody the Principles Look to Past Heroes Of Paul Robeson For Inspiration

call, many making it their mis- respect for the rule of law is weak- sion to further the objective of ened as citizens see themselves an America where everyone is as outsiders, excluded and alien- treated equally. Paul Robeson Randall T. Eng ated from the central functioning Luis A. Gonzalez was one such individual. of the justice system. Diversity in Paul Robeson (1898-1976) was Presiding Justice the legal profession brings greater an African American singer and sensitivity to the particular legal Presiding Justice Appellate Division, actor who became involved in the problems faced by minorities and Appellate Division, Civil Rights movement after the Second Department broadens the ability of the pro- First Department Second World War. Despite facing fession to provide representation racism in every one of his life’s hrough its dedication to jus- fession of discrimination against to those communities that have his year’s Law Day topic, con- As Rev. Dr. Martin Luther King Jr. endeavors, he achieved extraor- Ttice and equality under the minorities, a sad legacy whose historically been underrepre- Tceived to celebrate the 150th stated: “Injustice anywhere is a dinary personal success, and he rule of law, the legal profession lingering effects can still be felt. sented. A diverse bar serves a Anniversary of the Emancipation threat to justice every where.” fought injustice beyond his per- has often served as a beacon It is a commonplace observa- representative function in our Proclamation, calls upon us to There have been many indi- sonal struggles, supporting other of change for the larger society. tion that no profession benefits democracy by ensuring that the reflect on the continuing need viduals who, through their life’s groups similarly oppressed. Robe- Unfortunately, the profession from diversity as much as the various branches of government to rectify injustice in our coun- work, have strived to make these son won an academic scholarship itself has sometimes reflected the legal profession. Inclusiveness reflect the community at large. In try, to eliminate discrimination, lofty ideals a reality. These indi- to Rutgers University (the third prejudices and injustices of the within the profession promotes this manner, diversity also serves and to cherish every individual’s viduals have risen to the chal- African American ever enrolled at society at large. Indeed, there is a public confidence in the law. a legitimatizing function by pro- basic human rights under the law. lenge—they have answered the the university), where » Page 14 long history within the legal pro- Without a diverse bench and bar, moting confidence in » Page 14 From Stonewall to ‘Stone Soup’: Recalling Proclamations Gay Rights in New York From the Oval Office

outburst, leading to several days since our forefathers declared of violence known as the Stone- that “all men are created equal” wall riots.2 in the preamble to the Declaration In almost half of a century of Independence. Every president Karen K. Peters since the Stonewall riots, public Henry J. Scudder since Eisenhower has issued a policy in New York has evolved. proclamation on Law Day. Their Presiding Justice For example, in a landmark Presiding Justice words are worth recalling as we Appellate Division, case decided in the late 1980s, Appellate Division, reflect on the theme of Law Day Third Department New York recognized same-sex Fourth Department 2013. relationships.3 Since then, New Law Day is an opportunity to York has made steady progress celebrate what President Ronald through the following develop- resident Dwight D. Eisenhower tage of liberty, justice and equality Reagan referred to as “this Nation’s n honor of this year’s Law Day our attention. Indeed, New York ments in gay rights: (1) adoption, Pdesignated May 1 as Law Day, under law which our forefathers great Charters of Freedom”: the Itheme, “Realizing the Dream: has come a long way since that (2) laws enacted against discrimi- a day of national dedication to the bequeathed to us.” Declaration of Independence, the Equality for All,” many topics are historic night in June 1969 when nation, (3) recognition of same- principles of government under The theme of Law Day 2013, Constitution and the Bill of Rights. worthy of discussion. Yet, with the Stonewall Inn, a bar frequent- sex civil unions, (4) legalization law. Eisenhower chose the date “Realizing the Dream: Equality for In his 1983 Law Day proclamation, two significant cases address- ed by the gay community, was of same-sex marriage under the as a response to the May Day All,” is most appropriate. Equal- Reagan wrote: “These cherished ing same-sex marriage currently raided by police. In response, Marriage Equality Act and, most demonstrations in communist ity for all is the foundation upon documents bequeath to all Ameri- before the U.S. Supreme Court,1 the gay community and its sup- recently, (5) destigmatizing the nations, calling upon Americans which this nation was built—an cans the right to equal justice the topic of gay rights deserves porters engaged in a large public term “gay” or “homo- » Page 14 to “vigilantly guard the great heri- ideal Americans have strived for under law….” Those » Page 14

Civil rights activist Paul Robeson, center, leads picketers in front of the White House on June 2, 1948. The group was protesting against passage of the Mundt- Nixon bill, a proposed law that would have required all members of the Communist Party of the United States to register with the Attorney General.

AP Photo 10 | Wednesday, May 1, 2013 | Law Day | nylj.com

eral government to deny same-sex couples thousands of federal rights, Working Toward Fundamental Human, Civil Rights for All protections and benefits granted to other married couples, such as filing joint income tax returns, transfer- ring an estate to a spouse without the tremendous progress that we bisexual and transgender (LGBT) mittee on Human Trafficking will tax consequences and receiving have made as a society—progress people. This year’s Law Day theme soon release its report and recom- spousal Social Security benefits. that is so poignantly symbolized prompts us to consider the Eman- mendations to ensure fair treatment Law Day reminds us to cel- by the Emancipation Proclamation cipation Proclamation and King’s of victims, strict punishment of ebrate the progress we have made and King’s work—while acknowl- speech not only as important mile- traffickers, and other measures to while remaining aware of the work Seymour W. James Jr. edging that we must continue to stones in our nation’s history, but eliminate this form of modern day that lies ahead and continuing to strive for full equality under the also as challenges to remain mind- slavery. We were also proud to pro- fight on behalf of the many people President law. Our nation eradicated the ful of the progress yet to be made, vide our unique legal perspective who are deprived of their funda- New York State Bar Association legal slave trade nearly 150 years and to continue working toward in the fight for marriage equality in mental human and civil rights. ago, but today human trafficking equality for all. New York state, and we continue The occasion also provides an continues to pose a terrible affront As attorneys, we have a special to support equality for same-sex important opportunity to honor his year marks the 150th anni- momentous anniversaries pro- to human rights in the United responsibility to promote equal couples nationwide through our and celebrate the rule of law and Tversary of President Abraham vides a dramatic backdrop for Law States and across the globe. We rights for all Americans. With that opposition to the Defense of Mar- its essential role in maintaining a Lincoln’s issuance of the Emanci- Day 2013, as well as a compelling have eliminated Jim Crow laws goal in mind, we at the State Bar are riage Act (DOMA). Although New free and just society and in pursu- pation Proclamation, and the 50th and thought-provoking theme for and many other codified forms working to “Realize the Dream” in York is one of a growing number ing the dream of equality for all. anniversary of Rev. Dr. Martin this year’s celebration: “Realizing of discrimination, but discrimi- a number of ways. We have estab- of states that have embraced mar- Luther King Jr.’s delivery of the the Dream: Equality for All.” nation persists against disadvan- lished committees and task forces riage equality, DOMA allows states historic “I Have a Dream Speech” Any discussion of the struggle taged and marginalized groups, in to study human trafficking, diversity to disregard same-sex marriages Seymour W. James Jr., is the Attorney- in front of the Lincoln Memorial. for civil rights is necessarily com- areas such as marriage equality in the legal profession, LGBT rights lawfully performed in our state in-Charge of the criminal practice of The The convergence of these two plex. We recognize and appreciate and other rights of lesbian, gay, and gender equity. Our Special Com- and others. It also permits the fed- Legal Aid Society in New York City.

of graduates they have in recent decades. But, still, there’s that Access to Lawyers Is Critical to Ensuring Justice vast unmet need. Why can’t this persistent demand be matched with our es. It’s to recognize that, without in America created sufficient oversupply? The answer, of by the continuing inequality and accompanying access to justice funding or market incentives to course, isn’t simple. But the good injustice that many Americans (read: access to lawyers), those provide civil justice to people who news is that a number of schools experience year after year. achievements will fall short of are poor or of moderate means. and bar organizations across the Prohibitions on housing dis- their intended goals. Data and There is a particular irony here country have begun to look hard Carey R. Dunne crimination can be little conso- anecdotal experience show that on Law Day 2013. In our current at the issue. Among them, the New lation to a parent who cannot find outcomes for individuals, and the economy, it’s hard to avoid the York City Bar’s Task Force on New President a lawyer to protect her children overall functioning of the courts, litany of articles bemoaning the Lawyers in a Changing Profession New York City Bar from lead paint poisoning. Laws are vastly improved with legal rep- plight of the legal profession. will be coming out with relevant against bias in the workplace will resentation. Chief among the concerns is the findings in the fall. Please stay not help a disabled veteran who Notwithstanding this reality, “oversupply” or “glut” of lawyers: tuned. It’s time to redirect some can’t obtain the benefits that over two million people appeared new graduates struggling to find of the energy and aspirations of aw Day is an opportune time to go in the effort to meet the essen- will enable him to work in the in New York state courts without their way in a difficult market, our dispirited profession toward Lrecall and applaud our coun- tial legal needs of many across our first place. Due process rights a lawyer last year. An overwhelm- or who have given up on finding meaningful work in an area for try’s landmark civil and human nation. Without basic represen- will not help a small business ing number were there to address legal work altogether. Yet, as many which there is truly a great need. rights achievements, from the tation—the day-to-day blocking owner who can’t afford counsel basic human needs, like hous- schools and industry-watchers Emancipation Proclamation to and tackling that gets done by to appeal an insurance company’s ing, health care, custody of their are finally beginning to observe, the recent steps toward LGBT our legal services providers, pro coverage decision after a major children, and protection from this “oversupply” is a bit of a fic- Carey R. Dunne is a partner at Davis equality. It’s also a good day to bono organizations and others— storm. The point here isn’t to physical abuse. Why, then, can’t tion. Yes, big firms and certain Polk & Wardwell, where he chairs the remind ourselves that, for every our headline civil rights achieve- diminish the significance of our these litigants find appropriate other private sector employers litigation practice and is a member of such milestone, there are miles to ments risk being overshadowed human and civil rights success- legal help? Because we’ve never are not absorbing the number the management committee.

Increase Commitment to Those in Need The Fight for Gender

court, who is too poor to hire a (March 22, 2013). Equality Continues lawyer, cannot be assured a fair In order to achieve the prom- trial unless counsel is provided ise of Gideon, and to expand it for him.” The promise of Gideon to the area of civil litigation, as Stewart D. Aaron therefore was that, in criminal Chief Judge Jonathan Lippman President cases, every defendant—regard- has properly advocated, we, less of means—would be provid- as members of our profession, New York County Lawyers’ ed a lawyer. must step up and increase our Association Regrettably, today, 50 years commitment to those in need so after the Gideon decision, there that equality can be achieved in Jacqueline W. Silbermann continue to be obstacles to the courts. We can do this by President he New York County Law- an issue confronting our nation, achieving equality in the courts. taking on pro bono work. We New York Women’s Bar Association Tyers’ Association (NYCLA) particularly for those in financial At a program held at NYCLA on can do this by supporting legal was founded 105 years ago with need. March 18, 2013, on the 50th anni- services organizations, both the bedrock principle of inclu- U.S. Supreme Court Justice versary of the decision in Gide- financially and otherwise, and sion for all, which echo through Hugo Black famously stated: on, a distinguished panel of pres- by advocating for legal reforms his year, Law Day celebrates in the Appellate Division, First time to reach us in the present “There can be no equal justice ent and former state and federal designed to achieve equality for Tthe 150th anniversary of the Department, are now women, it day. This year’s Law Day theme, where the kind of trial a man gets defense lawyers and prosecutors all in the courts. Emancipation Proclamation, is shocking that there has still “Realizing the Dream: Equality depends on the amount of money discussed how the state and fed- Many of our poorest citizens President Abraham Lincoln’s never been a woman appointed for All,” resonates deep in each he has.” Griffin v. Illinois, 351 U.S. eral justice systems still often fail desperately need legal help courageous executive order that as an Article III federal judge in of us, lawyers of all races, ethnic- 12 (1956). Seven years later, in to provide justice to poor crimi- because of the economic hard- was a first step in the battle for the U.S. District Court for the ities, religions or genders, who Gideon v. Wainwright, 372 U.S. nal defendants. For example, ships they face. Yet it is a great African Americans to achieve Northern District of New York.3 wish to join together as members 335 (1963), an appeal handled public defenders often do not irony of these times that so many equality under the law. We live in a time when the fight of the bar to actively pursue legal pro bono by my law firm Arnold have adequate time to provide young lawyers cannot find any It is particularly meaningful for equal rights continues on a reform. Although equality for all & Porter (then Arnold, Fortas & proper legal representation due work at all. We must find a way for me to consider the long fight daily basis. One in five women is closer now than it was at the Porter), Black found that “rea- to the size of their caseloads and to fix this. for equality, since the New York are raped in their lifetime, and time of NYCLA’s founding, prog- son and reflection” required the other constraints. See Brendan Women’s Bar Association was one in three women are abused ress still needs to be made to court “to recognize that, in our Pierson, “Courts Still Often Fail established in 1934 after our by their partners.4 Human traf- make this dream a reality. Equal- adversary system of criminal to Provide Justice for Criminal Stewart D. Aaron is a partner at founders were denied admis- ficking, a modern day form of ity in the courts continues to be justice, any person haled into Defendants, Panel Says,” NYLJ Arnold & Porter in New York. sion to other bar associations slavery, devastates » Page 10 solely because they were women. more than 20 million Our members and leaders—both victims worldwide.5 Members of women and men—continue to Women’s Bar committees work this day to work to achieve jus- daily on these and other human damental commitment to equal tice and equality for women in rights issues. treatment under law.” the profession and society at NYWBA supports our mem- Aiming for Equal Treatment Our highest court has heard large. bers as they the fight for equality. cases like this before. In anoth- Lawyers have been intimately Among other recent initiatives, we er era, counsel for segregated involved in the fight for equal- offer our extensive, cutting-edge school districts asserted that ity in cases such as Brown v. CLE programs to members at no for gay couples. Gay parents and such segregation could not pos- Board of Education, Gideon cost, thanks to a generous bequest their children who face daily legal sibly be motivated by “caprice or v. Wainwright, and Loving v. by past president Judge Florence uncertainties depending on which racial prejudice.” The court heard Virginia, and we continue to Perlow Shientag and a grant by the state they happen to be in. The how the issue of school desegre- strive to make equality a real- Board of the Directors. Brad Snyder gay kid who might stumble across gation was a matter for the legis- ity. Most recently, the Women’s This nation has come so far in a headline and conclude she is lature and local citizenry. And the Bar participated as an amicus ensuring equality under the law, Executive Director less worthy than her peers. justices even heard about how a in United States v. Windsor and but the work is far from done. LeGal—The LGBT Bar Association Yet, much of the proceedings prior experimentation with inte- Hollingsworth v. Perry before the Today on Law Day, we invite all Of Greater New York revealed reluctance to consider grated schools demonstrated the U.S. Supreme Court, supporting members of the legal communi- the real people whose lives wisdom of “separate but equal.” the extension of equal rights to ty to join us as we continue to formed the substance of the legal The court ultimately had same-sex couples who wish to work towards achieving equality he Defense of Marriage Act ans that had been recognized by disputes. There was ample talk none of it. The reality of segre- marry and be treated equally for women and all members of T(DOMA) was cast as a “time- the California Supreme Court just about whether the challenges in gation’s impact on real people, as “spouses” under the law. society. out” called by Congress to allow months prior. Many of us, includ- both cases could be disposed of especially children, had pre- We are also working to support states the chance for cautious ing couples with children, took to on standing grounds. So too were vailed and with it our country the Women’s Equality Agenda ••••••••••••••••••••••••••••• reflection on the question of the streets across our country in questions of federalism predomi- was a step closer to fulfilling our launched by Governor Andrew 1. Institute for Women’s Policy Re- search. marriage equality. Proposition 8 protest of this pause. nant. That is why so much atten- ideals. To be sure, it still took M. Cuomo. 2. “A Current Glance at Women in the was described as a “pause” but- So as the fate of these mea- tion has been focused on the few a massive political movement, There is still so much to do. Law,” September 2012, ABA Commission ton pressed by California voters sures was argued in court, we all moments in which the reality of passage of civil rights legisla- Women make up almost half of on Women in the Profession. 3. Sen. Charles Schumer recently rec- so they could gather more infor- had the chance to consider anew our lives, and the reality of these tion and many more trips to the the American work force, but ommended to President Barack Obama mation from jurisdictions where how far we remain from fulfilling discriminatory measures, took courthouse, to push the needle are paid only 77 cents for every that Elizabeth Wolford be appointed as 1 the first woman judge in that district. gays were allowed to marry. These the promise of true equality under center stage. towards greater equality. dollar earned by a man. Despite 4. “Obama Signs a Strengthened Vio- arguments came from counsel for the law. These were historic argu- There was Justice Anthony So what next? We’ll hope for this obvious inequity, the Pay- lence Against Women’s Act,” Nia-Malika Henderson, The Washington Post, March DOMA’s defenders and Prop 8’s ments, yes, and their being heard Kennedy’s invocation of the a good outcome but continue to check Fairness Act has still 7, 2013. proponents during recent U.S. at all was a tribute to progress. “voice of these children,” refer- work as if one is not forthcom- not been passed by Congress. 5. ABA Taskforce on Human Traffick- Supreme Court arguments. Zeal- But much of what was advanced ring to the estimated 40,000 chil- ing. And assuming the Supreme Women continue to be underrep- ing. ous advocacy? For sure. And in opposition to marriage equal- dren in California being raised by Court forgoes the opportunity to resented in positions of power, breathtaking intellectual dishon- ity seemed destined to be met same-sex parents who “want their embrace equality nationwide, I’ll serving as only four percent of Jacqueline W. Silbermann, of counsel esty, too. with curious skepticism, even parents to have full recognition continue bracing for the day when Fortune 500 CEOs, 20 percent at Blank Rome in New York, previously I was beginning my junior laughter, by future generations and full status.” And Justice Elena my daughter is old enough to ask of the Senate, and 27 percent of served as Statewide Administrative year of college, and still strug- (see, for example, the possibility Kagan’s recitation of the House one of her daddies why we’re not the federal and state judiciary.2 Judge for Matrimonial Matters and as gling with my sexual orientation, of accidental procreation cited as Report accompanying DOMA’s treated like everyone else. We will While we are justifiably proud Administrative Judge of the Supreme when DOMA was signed into law. a distinguishing and legally con- passage, which describes the tell her the truth, of course. that half of the associate justices Court, Civil Term, New York County. Its provisions, which extinguished sequential feature of opposite-sex statute as enacted to honor “the And we’ll remind her that if his- any chance for federal recognition married couples). It would be collective moral judgment and tory is any guide, her voice will of our relationships and suspend- funny, of course, if not for the real to express moral disapproval of ultimately matter more than the Reader’s services ed the usual rules of full faith and people whose lives are impacted homosexuality.” And, finally, there voices of our opponents. credit, didn’t feel like a timeout. by persistent inequality. was our country’s Solicitor Gen- For subscriptions and to purchase back issues, To track calendar and motion information for indi- DOMA felt more like a kick to the There is Edith Windsor, and eral offering simply: “I think it’s call 1-877-256-2472. vidual cases, call MA 3000 at 212-457-4988. curb. Prop 8, as we know, was the others like her, whose reward time for the Court to recognize Brad Snyder was formerly a senior For questions regarding reprints and permissions, call Send decisions of interest to [email protected] voter initiative that took away the for decades of love and commit- that this discrimination, [] can- counsel at the New York City Law 347-227-3382, e-mail reprintscustomerservice@alm. To access decisions and articles published in the Law right to marry from gays and lesbi- ment is a tax bill reserved only not be reconciled with our fun- Department. com, or visit almreprints.com. Journal, visit nylj.com and westlaw.com. nylj.com | Law Day | Wednesday, May 1, 2013 | 11

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TOU032_BriefsAd_11.5x20.5_NYLJ_4C.indd 1 3/20/12 3:19 PM 12 | Wednesday, May 1, 2013 | Law Day | nylj.com Progress, but Not Perfection Push for Full Inclusion In Higher Education have resulted in disproportion- ductive rights based on pseudo- ate sentences. Prisoners are scientific claptrap. Worldwide, denied meaningful opportuni- the situation is even worse. In ties for self-improvement while some countries, women are Philip R. Schatz imprisoned. Some states have subject to conscience-shocking abandoned their penal role to inequities—including rape, dis- Elena Goldberg President for-profit corporations. Prison- figurement, and slavery. President ers are saddled with impossible Voter’s rights. Statehouses Federal Bar Association, Puerto Rican Bar Association S.D.N.Y. Chapter restitution obligations. Prisoners across the country, under the guise are not a constituency courted by of preventing illusory voter fraud, anyone, and therefore lack any have restricted or burdened the resident Dwight D. Eisen- ingness to transform them into real political voice. right to vote—by such schemes Phower concluded his farewell positive actions depends upon Minority rights. We should as limiting poll hours and loca- address on Jan. 17, 1961, when our collective ability to cast aside be committed, as a society, to tions, restricting absentee voting, “whites only” signs still dotted petty prejudices and self-interest. locating and removing whatever purging voter rolls, adding layers much of the south, with the To a great extent, with the help unfair barriers may be prevent- of paperwork, and disqualifying hopes that “peoples of all faiths, of courageous litigants, lawyers ing reasonably proportional rep- ballots—with the intent of reduc- Elba Rose Galvan all races, [and] all nations, may and judges, we have been able to resentation of minorities in our ing participation by categories of have their great human needs rise above our baser instincts in professions and our schools. Not voters. The protection of the right Vice President and satisfied; that those now denied many areas, and we are a substan- all barriers to equal representa- to vote should be a bipartisan com- President-Elect opportunity shall come to enjoy tially more tolerant and inclusive tion are invidious. But many of mitment. it to the full; …that the scourges society than we were in 1961. But them are, and to blithely say our Gay rights. An equal right to of poverty, disease and ignorance we are far from the full oppor- society should now be colorblind marry appears to be a done deal, will be made to disappear from tunities for which Eisenhower is to ignore institutional biases and equality in adoption and par- the earth, and that, in the good- prayed. Here are some areas for resulting from centuries of racism enting rights will likely follow. As ness of time, all peoples will future progress, in no particular and xenophobia. with any sweeping social change, come to live together in a peace order: Women’s rights. Despite sub- there may be backlash. guaranteed by the binding force Prisoners’ rights. America stantial progress, women are sys- he Supreme Court will soon practices. As a nation, we have of mutual respect and love.” The has more prisoners than any temically paid less and promoted Tissue a decision in Fisher v. existed almost five times as long. vast majority of Americans share country in the world. Ill-consid- less. And patriarchal politicians Philip R. Schatz is a member of Wrobel University of Texas. Abigail Fisher, To think that in just a few decades these hopes, although our will- ered get-tough-on-crime laws insist on invading women’s repro- Schatz & Fox. the white plaintiff, challenges the we have reversed our nation’s consideration of race in the admis- long history of discrimination is sions policy of the University of naïve. Gross racial disparaties in Texas (UT). Fisher claims that the education and employment are a university’s top 10 percent plan (a painful reminder that we have not. facially “race neutral” admissions It is a fiction that our Consti- plan that guarantees admission tution mandates a color-blind Asian Americans Find a Voice Within the Law to the top 10 percent of all high society, and that legally we can’t school graduates in Texas) is suf- be mindful of the underrepresen- ficient to admit a “critical mass” tation of minorities in academia. of minorities and that the consid- The framers of the 14th Amend- the minorities about whom are Asian, only 2.30 percent of eration of race (for the remaining ment passed numerous race-con- society is concerned. The indif- partners at those firms are Asian. spots) unfairly excluded her. scious initiatives to aid the inte- ference toward Asian American Any strides toward greater It’s easy to see why someone gration of African-Americans. For equality is a result of our having equality of opportunity within unfamiliar with our history and example, the Freedmen’s Bureau Mike Huang been classified under the rubric the legal profession begin with ongoing racial inequities would Bill created a federal bureaucracy of the “model minority” and thus acknowledging and recognizing impulsively disagree with the whose sole mission was to pro- President viewed as achieving success by that advancements still need to use of race as a factor in admis- vide assistance to African-Amer- Asian American Bar Association keeping our heads down and be made. The Asian American sions. We know it’s wrong to treat icans, including employment and Of New York working hard. But Asian Ameri- community is only recently begin- people differently based on their educational opportunity by creat- cans have not achieved the suc- ning to find our voice through skin color. However, this does not ing schools for their education. cess and equality that we are organizations such as AABANY contemplate the full narrative of Advocates for a “color-blind” his year’s Law Day theme, within our very own profession. perceived to have reached, par- that advocate for greater diver- UT’s admissions policies. For approach (as in, disallowing race “Realizing the Dream: Equal- As the president of the Asian ticularly in the legal profession. many institutions of higher edu- as a factor into college admis- T sity and inclusion within our ity for All” and achieving equality American Bar Association of New The Bureau of Labor and cation, failing to consider race, sions) fail to recognize the context profession. Unfortunately, the under the law is a goal toward York (AABANY), I have encoun- Statistics reports that in 2012, exacerbates a real and existing under which “affirmative action” lofty aspirations of advancing which our country has made tered people who are surprised only 4.3 percent of all attorneys problem of social mobility among policies were born. For example, significant strides and in which that a minority bar association in the United States were Asian Asian American representation minorities. the African-American plaintiff the legal profession has made a dedicated to advancing the inter- Americans—a percentage that at all levels of the legal profes- A major justification for affirma- in Sweatt v. Painter (1950), suc- significant impact. From the Civil ests of Asian Americans within falls woefully short of the per- sion cannot be accomplished by tive action-type programs in aca- cessfully challenged his exclusion Rights Movement of the 1960s to the legal profession exists at all centage of Asian Americans in organizations such as AABANY demia is the educational benefit of from UT’s law school based solely the battles over marriage equal- and who have asked about the the medical, banking, engineering alone. On Law Day, I hope that a racially diverse student body at on race. In contrast, Fisher did not ity being waged today, lawyers necessity for such an organiza- and academic fields. Of that 4.3 we, members of the legal profes- colleges and universities. Grutter claim a history of discrimination; have been at the forefront of, and tion. This reaction reflects the percent, Asian Americans remain sion collectively, will rededicate v. Bollinger, 539 U.S. 306 (2003). the vast majority of the incoming in many instances leading, soci- attitude of mainstream society grossly underrepresented in posi- ourselves to realizing the dream However, “affirmative action” is class in 2008, the year she was etal change and defining what it toward Asian Americans. When tions of influence, leadership and of equality within our profession. important for reasons other than rejected, was white. In fact, UT’s means to be equal under the law. people think of equality, they power within the legal profession. enhancing diversity. While legally holistic admissions policy is very Although great strides have often think of gender equality, A 2010 NALP report shows, for courts feel obligated to parse out similar to the one that passed been made in achieving equal- or equality for minorities, but example, that although 9.39 per- Mike Huang is a partner at Boies, Schil- the value of minority perspec- constitutional muster in Grut- ity, inequality continues to exist Asian Americans are not among cent of associates at law firms ler & Flexner. tives, we are also obligated to ter. These are just a few reasons view minority underrepresenta- to defer to UT’s race conscious tion in academia critically. admissions process. Two things make clear that In order to get beyond both our affirmative action in academia has historical inequities and contin- not outlived its purpose: 1) The ued racial disparities, we must history of discrimination against accord educational institutions The Road to Equality Is Worth Traveling minorities, and 2) racial dispari- the deference to tailor appro- ties in most sectors of society priate admissions policies. One (education, employment, income, day, when minorities are truly home ownership, and healthcare, and thoroughly included, we hope affirmative action plans—Fisher v. ing Rights Act of 1965 was enacted to name a few). For example, Lati- race will no longer be a factor. University of Texas and Schuette to prevent the discriminatory nos are approximately 16 percent v. Coalition to Defend Affirmative practices of states with a history of the population, but only four Action. Until we can definitively of denying qualified citizens the percent of the nation’s lawyers. Elena Goldberg is senior appellate court R. Nadine Fontaine state that discriminatory prac- right to register and vote. The Less than 50 years ago, we attorney at the Appellate Division, First tices no longer exist in school recent Supreme Court case Shel- passed the Civil Rights Act, which Department. Elba Rose Galvan is law President admissions due to race, sexual by County v. Holder demonstrates banned racially discriminatory clerk to Judge Analisa Torres. orientation, gender, age, disabil- that states continue efforts to Metropolitan Black Bar Association ity, or religion, these plans must impose qualifications to prevent endure. primarily minority citizens from While we have made great exercising their right. he framers of the Declaration and living conditions for African- strides in fighting for racial equality, We have only begun the battle Tof Independence proclaimed Americans. Dr. Martin Luther King these advancements may be threat- for gay rights. With the repeal of that “all Men are created equal, Jr. stated: ened with the abuse of racial profil- the government’s “Don’t ask, don’t that they are endowed by their It is precisely because edu- ing and “Stop-and-Frisk” policies. tell” policy, the recent passage of Creator with certain unalienable cation is the road to equal- Within the corporate sector, legislation by several states to Rights, that among these are Life, ity and citizenship, that it women of all races have made grant the right for same-sex mar- Liberty, and the Pursuit of Hap- has been made more elu- great strides and have risen to riage, and the enactment of the piness.” These principles have sive for Negroes than many positions of power. While there Hate Crimes Prevention Act, there bound this great nation since its other rights. The walling off of exists legislation prohibiting has been progress. creation more than two centuries Negroes from equal education employment discrimination, Realistically, we may never ago. is part of the historical design women still often receive lower reach a truly utopian society After 100 years, our govern- to submerge him in second incomes and are less likely to where all citizens are treated ment extended these liberties to class status. be promoted when compared to equally in every respect, and African-Americans with the pas- their male counterparts. Many yet, we must continue our efforts sage of the 13th, 14th, and 15th Subsequently, the court over- businesses have implemented because a road that does not point Amendments. With every legal turned Plessy in Brown v. Board of diversity initiatives to address to that vision of society is not a victory, however, there have been Education of Topeka (1954), result- these issues, but obstacles to road worth traveling. setbacks to the advancement of ing in the implementation of insti- equal hiring, retention, and pro- equality. In Plessy v. Ferguson tutional affirmative action plans motion of women and minorities (1896), the U.S. Supreme Court to prevent racially biased school still exist. R. Nadine Fontaine is an assistant fostered the existence of sepa- admissions. This year, the court We must also be vigilant in pro- director at Epiq Systems. The views rate and deplorable educational will decide two cases challenging tecting the right to vote. The Vot- expressed here are her own.

The Rev. Dr. Martin Luther King Jr. delivers his “I Have a Dream” speech in front of the Lincoln Memorial during the March on Washington for Jobs and Freedom in Washington, D.C., on Aug. 28, 1963 AP photo

students Receive supplies at newly integrated classes at a school in Springer, Okla., Aug. 29, 1958. Brown v. Board of Education, 347 U.S. 483 (1954), declared state laws establishing separate public schools for black and AP Photo white students unconstitutional. nylj.com | Law Day | Wednesday, May 1, 2013 | 13 Welcoming Immigrants, Promoting Diversity

Elizabeth Cady doors and hearts to the millions to offer pro-bono legal services Stanton (1815-1902), of first- and second-generation to those requiring our assistance. a U.S. suffragist, social immigrants arriving from Eastern The residents of Queens Coun- reformer, and author, Europe, Latin America, Asia, Afri- ty have made significant strides in is quoted in a March ca, and beyond. The county cap- this nation’s continued commit- 1863 circular calling Joseph Risi for a convention of tures a working model of diverse ment to ensuring equality for all communities striving to ensure the Women’s National President its people. I am extremely proud Loyal League, as say- equality for one another, setting to serve as president of this coun- Queens County Bar Association aside intolerance while promot- ing: ”The history of ty’s bar association and beholden ing harmony and prosperity. the past is but one to its members for their contin- Our Bar Association has long struggle upward to equality.” n behalf of the Queens Coun- tice so eloquently articulated by continually assisted indigent ued efforts, as well as to our Oty Bar Association, I join with the Rev. Martin Luther King Jr. residents with problems in areas judiciary for their commitment our colleagues across the United at the March on Washington five such as landlord/tenant law, fam- to serve this diverse community, States in celebrating this year’s decades ago. ily law, foreclosures, and other embracing the distinctions that Law Day. Queens County is the The dream proclaimed by King civil legal issues for over a centu- make our nation strong. most ethnically diverse county is strongly embodied in Queens ry. I am honored that the Queens We are equally fortunate and in our nation, and arguably the County, America’s gateway to County Bar Association continues privileged to be members of the world. Queens County is home freedom. Tolerance and equal- to provide community outreach legal profession. I urge each of AP Photo for millions of immigrant families ity are well demonstrated by the programs in our borough, which my colleagues to strive to make seeking to fulfill their dreams for multitude of cultures that reside has been severely impacted by the dreams of those less fortu- the opportunities that our great within our borders. Hundreds of this nation’s economic crisis. In nate come true. Let us all move county, state and country offer. languages are spoken in Queens the wake of Hurricane Sandy, vol- forward to promote and preserve This modern day Ellis Island is a County, undominated by any unteer attorneys left their dark- equality for all that we may serve. nationality. When individuals testament to the pursuit of that particular ethnic group that has ened, powerless homes without Prudenti from different walks of life bring dream, with the piers of yester- immigrated to our borough from hesitation to assist hundreds of their unique perspectives, talents year being replaced by the termi- every corner of the earth. A veri- our residents who were severely Joseph Risi is the founder of Risi & Asso- « Continued from page 9 and abilities to the service of the nals of JFK. Queens County offers table mosaic of differences, each impacted by the ravages of the ciates in Long Island City, specializing equal justice regardless of race, people of our state, our judiciary a refuge for our immigrants to integral to the fabric of today’s storm. Race, creed, social, cul- in commercial litigation, trusts and gender, ethnicity, or financial delivers a more representative realize their dreams of freedom society, is what makes us unique. tural and economic differences estates, real property and personal circumstances. The same prin- brand of justice, and in doing and embrace the security of jus- Queens continues to open our have no bearing as we continue injury. ciples apply equally to those so, further ensures its credibil- who work for the New York State ity as an even-handed arbiter of Unified Court System, regardless disputes for our society. of position. Chief Judge Jonathan As Chief Administrative Judge, Lippman and I are dedicated to I am so proud of the wide array ensuring equal employment of backgrounds and viewpoints Look to Character, Not Color opportunity for all and appreciate represented by our multifaceted that an inclusive and represen- court family. I commend Gov. tative workforce promotes con- Andrew M. Cuomo and Mayor fidence and trust in our system. Michael Bloomberg for their con- In CLEO I began, and to this forward, it was fulfilling for me While our courts, like our tinued commitment to diversity day have maintained, so many to mentor first-year minority society, have made considerable and for giving talented minority lifelong friendships. Amongst students in BALSA’s buddy sys- strides in achieving these goals lawyers and jurists the opportu- the most cherished of these tem, for which, in 1980, I hum- since 1963 when King shared nity to follow in the footsteps of was the one that I forged with bly accepted their student merit his dream, as King recognized, trailblazers like Judges Theodore Domenick Napoletano the late Lynn R. Terrelonge, the quest for justice is a con- award. Today, I am proud that I T. Jones Jr. and Carmen Beau- who in 2001 became the first stant effort and progress is not President can continue to shape the fabric champ Ciparick. Since becom- African-American President of inevitable. Nothing happens by ing Chief Administrative Judge in Brooklyn Bar Association the Brooklyn Bar Association. of the law school’s diverse com- accident. Today gives us a real munity, by serving on the law December 2011, I have also had Lynn was more than a friend— opportunity to rededicate our- the great pleasure of welcoming she was and remained, to the day school’s diversity enrollment selves to honoring the struggle several colleagues as Adminis- e hold these truths to be In 1967, in direct response of her passing, my older sister. committee. and sacrifices of the pioneers of trative and Supervising Judges self-evident, that all men to the civil rights movement’s In 2001, upon her ascension to In my life’s experience, what justice who came before us by ‘W and as Acting Supreme Court are created equal, that they are growing awareness that minori- the presidency, Lynn nominated continuing our outreach and dia- has been important to me is to Justices who reflect the richness endowed by their Creator with ties were systematically being me to the Brooklyn Bar Associa- logue, standing vigilant against look to a person’s character. and diversity of our great state. certain unalienable rights that underrepresented within the tion’s board of trustees, and as all forms of bias and discrimina- Perhaps this is what inspired These incredibly gifted and hard among these are Life, Liberty legal profession, the Council a direct result, today I serve tion, and doing all that we can do my friend, and classmate, working individuals are a testa- and the pursuit of Happiness.” on Legal Education Opportu- as the association’s president. to ensure that our court system Judge David Patterson, to com- ment to the depth of talent among With these words, our found- nity (CLEO) was born. I was Throughout our quarter-centu- remains a pillar of fairness and ing fathers set forth the standard honored in 1977 to be accepted ry-long relationship, color was ment at my induction last June: equal justice for all. our judicial ranks. against what some would say in the program. My life experi- never a barrier or issue between “Domenick just doesn’t know First and foremost, the pur- The judiciary’s efforts in pro- inspired the dream of Dr. Martin ences as a first generation Italian- Lynn and me. We treated each what color he is.” I think that is suit of justice demands not only moting inclusiveness and fair- Luther King Jr. in his “I Have a American, according to the pro- other as all people should—with very true, for, thanks to those that our doors are open to all, ness have been greatly bolstered Dream” speech. Ultimately the gram’s then-executive director the utmost respect and kindness. such as Lynn who have never but that we provide justice that by the dedicated efforts of the election of America’s first Afri- Alfred Slocum, qualified me for As a byproduct of my involve- looked at color, many dreams is fair, impartial and equal for all. Office of Workforce Diversity, the Franklin H. Williams Judicial Com- can-American president became acceptance based upon the pro- ment in CLEO, I found participa- have been fulfilled, including If we do not provide equal and mission on Minorities, the New a reality. Permit me a moment gram’s educationally disadvan- tion in Hofstra’s chapter of the my own. meaningful access to justice of privilege to express how in taged criteria. It was because of Black American Law Students in our courthouses, we might York State Judicial Committee some measures that dream has CLEO that my legal career began Association (BALSA) to be a as well close our doors—it is on Women in the Courts, as well become a personal reality for with my acceptance to Hofstra natural progression. Cogni- Domenick Napoletano practices in simply that fundamental to our as the multitude of other groups me as well. University School of Law. zant of the principle of paying Carroll Gardens, Brooklyn. mission as a judiciary. In recent that work hard to promote a cul- studies, the Task Force to Expand ture that values differences and Access to Civil Legal Services has strive to maintain an ongoing dia- found that the unmet need for logue about issues of particular civil legal assistance in matters concern to minorities. Through- involving the “essentials of life” out the larger legal community, such as housing, family matters, the importance of specialty bar Lawyers Are Engineers of Change access to health care and educa- associations and professional tion and subsistence income, is groups—whether the Metropol- harming the quality of justice and itan Black Bar Association, the profoundly impacting the most Women’s Bar Associations, the Baines Johnson observed: “We Facilitate collective action. vulnerable New Yorkers. Among Gay-Straight Alliance of the New have talked long enough in this Individual bars have many great low-income New Yorkers who are York State Justice System, the country about equal rights. We pro bono projects and programs most in need of legal assistance Asian American Bar Association have talked for one hundred in place to address issues of are families with children under of New York, or the Association years or more.” These lawyers equality for the disempowered. age 18, African Americans, Lati- of Judges of Hispanic Heritage, Taa Grays were the ones who engineered Yet, we are stronger when we join nos, immigrants, unemployed just to name a few—cannot be the change forcing the country and uninsured New Yorkers, and forces. Collective action can be underestimated. President to create the equality espoused New Yorkers with disabilities. Specialty bar and professional facilitated by using organiza- Network of Bar Leaders in our founding documents. Our constitutional responsibil- groups provide an invaluable net- tions such as the Network of Bar These efforts led to lawyers ity to provide equal justice for work of support to the diverse more widely embracing their Leaders (www.networkofbarled- all requires that we answer this members of our legal community awyers must be activists to country to live up to its ideals. ability to be change agents. “As ers.org) and the New York State call for help. by celebrating their heritage, ‘Lleave a contribution to soci- Early defeats—Plessy v. Ferguson lawyers, our first responsibil- Conference of Bar Leaders (www. New York continues to be a providing mentors, promoting ety,” stated E. Clinton Bamberger, and Dred Scott v. Sandford—laid ity,” explained President Rich- nysba.org) as forums for exchang- national leader in addressing the opportunities for leadership former Director of the Office of the foundation for future victories ard Nixon in a speech to the ing ideas about these efforts and growing justice gap. We provide a development, honoring their Equal Opportunity’s Legal Ser- decades later: Meyer v. Nebraska National Legal Aid Society and vehicles for marshaling coordi- wide range of services to unrep- achievements and helping them vices Program. “The law is more and Missouri ex rel. Gaines v. Defender Association in October nated resources. resented litigants, including help overcome obstacles they may than a control; it is an instrument Canada. 1962, “is…to see that the legal Create the next generation centers and access to extensive face even in today’s progressive for social change.” Missouri ex rel. Gaines v. Can- profession provides adequate of social engineers. Chief Judge online self-help tools, and are society. On a personal note, I ada, is a key case in establish- representation for all people in continuing our groundbreaking The role of the lawyer was Jonathan Lippman’s Task Force know that the work and support not always viewed as an equal- ing the role of lawyers as agents our society.” initiatives to encourage pro bono to Expand Access to Civil Legal of the Women’s Bar Association izer or an agent for social change. for social change. This case was Implicit in Nixon’s speech is service among all members of our Services is holding its Second had an enormous impact on my Although “equality is the heart an early legal victory for the that lawyers level the playing profession. Thanks to the pas- own career, from being elected as and essence of democracy, free- NAACP Legal and Educational field in court: We enable litigants Annual Law School Conference sionate commitment of our Chief on May 16, 2013, at New York the first female Surrogate of Suf- dom, and justice,” as A. Philip Defense Fund. Charles Hamil- to obtain justice. Judge, the strong advocacy of the folk County, to later becoming the Law School, to discuss how law Randolph, labor leader observed, ton Houston, Louis L. Redding, Though the disempowered bar, and the ongoing support of first female to serve as Presiding schools can best collaborate equality was only consistently Oliver Hill, and Judges Thurgood have stronger legal protections, our partners in government, the Justice of the Appellate Division, they still face numerous barriers judiciary has been able to secure available to those with wealth, Marshall, Constance Baker Mot- with legal services providers, Second Department. ley, Spottwood Robinson, and to access legal resources: lan- substantial funding for civil legal power, and status. The disempow- law firms, bar associations and The programs and events held ered—the poor, women, immi- Robert L. Carter, were the legal guage, fear of possible deporta- services over the past two years. the state courts to help meet the by these organizations have also grants, and people of color—for architects of the Civil Rights tion, inadequate funds, and lack This year, we are thankful that our civil legal needs of low income become a central and valuable centuries fought solitary battles movement. They envisaged the of knowledge about their rights. budget proposal for an additional New Yorkers. part of our legal community’s to achieve justice under the law. lawyer as the social engineer to Bar associations can bring to $15 million to continue this vital culture. From the Black History In some rare instances, with the achieve equality. These lawyers bear the resources of the private support has been approved. In Month celebration sponsored assistance of lawyers, these indi- were able to set the country on bar to bolster the resources of Taa Grays is assistant general counsel these difficult economic times, by the Tribune Society and the viduals were able to reach the the path to achieve equal rights, the public interest bar. How can and chief of staff to the general counsel perhaps more than ever, we must Judicial Friends Association, to U.S. Supreme Court to wrestle the something President Lyndon we do that? Here are two ways: at MetLife. strengthen our commitment to service and earnestly strive to the Columbian Lawyers Associ- uphold the principles of equal- ation of the First Department’s ity and fairness that remain at Annual Rapallo Award Luncheon the heart of our pursuit of justice. honoring an outstanding jurist or efforts, public defenders are creating the statute that created gent defense in our state and the While we work to provide public servant of Italian American descent and the Brandeis Asso- Lippman chronically over-burdened and the Statewide Indigent Legal Ser- discretion to award state funds in equal justice for all who come ciation’s programs celebrating underfunded. They often lack vices (ILS) Office, governed by a ways designed to promote that to our courts, the principles of Jewish heritage and culture, all the time to get to know their Board of Directors chaired by the vision. equality and fairness are just as « Continued from page 9 clients, investigate their cases, Chief Judge and with representa- essential in the composition of of these groups enrich our legal These efforts are making a tally changed the fairness of our and develop a truly competent tives from all three branches of the court system itself. The New community and the world at criminal justice system. legal defense. Systems for pro- government. The ILS, an execu- positive difference. Neverthe- York State Unified Court System large. Now, 50 years on, we must ask viding criminal defense to the tive branch entity, enjoys broad less, if we are to ensure basic has long been committed to Our judiciary believes strongly ourselves whether we are living poor vary from one jurisdiction statutory powers to fund and fairness and equal justice to all providing equal employment in valuing differences and remains up to the ethos of Gideon. Are we to the next in structure, funding, reform public defense services. defendants regardless of their opportunities and to promoting tireless in the pursuit of equal ensuring that the scales of justice and quality. And the economy and Grant monies distributed by ILS means, we must continue to a diverse workforce that reflects justice for all. With every hour are balanced for every one of our constraints on government fund- are being used to reduce exces- make the promise of Gideon the the community we serve. While of pro bono service, with each diverse applicant, with every citizens as required by the Consti- ing have reduced the resources sive caseloads, strengthen the reality in courthouses through- many factors are considered in tution of the United States? The allocated to this critical function. capacity for investigation, ensure our hiring decisions, with a candi- specialty bar association event, out our state and nation. On Law truth is there remains a wide gulf The judiciary has taken a lead- the presence of counsel at each date’s skills and experience being and with the passionate concern between the ideal of the Gideon ership role in addressing the cri- stage of the proceeding, and pro- Day 2013, we recognize more than of primary concern, we greatly and dedicated work of so many decision and the reality of pub- sis in our public defense systems vide training and supervision. ever that there could be nothing value diversity of all kinds—from throughout our legal community, lic defense systems around the in New York state. Two years ago, The ILS Board is empowered to more important to the future of ethnicity, race and sexual orienta- we are moving closer and closer country. Despite their heroic the judiciary was instrumental in develop an overall plan for indi- our justice system. tion, to gender identity, age and to realizing King’s dream. 14 | Wednesday, May 1, 2013 | Law Day | nylj.com

sympathizers inside the federal a man who broke records for Gonzalez government and in prominent excellence in academics, ath- positions throughout the coun- letics, and performance arts « Continued from page 9 try. Robeson was investigated for despite repeated, targeted per- he also became a standout foot- his political activities, and the sonal racist attacks. His efforts ball player. As an example of the Council for African Affairs was to end Apartheid in South Africa times, in his sophomore year, placed on the U.S. Attorney Gen- were posthumously rewarded Robeson was taken out of an eral’s list of Subversive Organiza- by the United Nations General important game when the oppo- tions. After the lynching of four Assembly. In 1980, “Paul Robe- nents, a Southern team, refused African Americans, Robeson met son, Tribute to an Artist” won an to take the field against a “negro.” with President Harry S. Truman Academy Award for best short Robeson went on to become an and urged him to work to have documentary, and in 1995, Robe- All-American football player and anti-lynching legislation enacted, son was named to the College was elected by his classmates to no avail. He was subsequently Football Hall of Fame. He was to be their class valedictorian. called before the U.S. Commit- also awarded a Lifetime Achieve- Robeson attended Columbia tee on the Judiciary, where he ment Grammy Award and a star Law School, while playing in refused to answer questions on the Hollywood Walk of Fame. the National Football League. about any affiliation with the Courage, determination, At Columbia, he sang and acted Communist Party. tenacity—adherence to the prin- in off-campus productions. He As a result of failing to sign ciples so dear to Robeson—are worked briefly as an attorney in an affidavit affirming that he the qualities we must summon the mid-1920s, but left the prac- was not a Communist, Robeson in 2013 to continue to challenge . gov WIKI/ S enate tice of law because it was infest- (and a number of other Ameri- injustice in our society. While our ed by racism. Instead, he went cans) were denied passports by collective conscience presently on to become an international the U.S. State Department. For- views overt acts of racism, sex- “First Reading of the Emancipation Proclamation of President Lincoln,” painted by Francis Bicknell Carpenter in cinematic star for roles in Show- tunately, in Kent v. Dulles, 357 ism and other intolerance as 1864, is located at the United States Capitol, Washington, D.C. boat, Sanders of the River, and U.S. 116 (1958), the U.S. Supreme repugnant, we must be mindful William Shakespeare’s Othello. Court struck down the Secretary that Rev. Dr. Martin Luther King Racism was an accepted reality of State’s practice of requiring Jr.’s “dream” is far from having in show business, and Robeson these affidavits before issuing been realized, that what was was consigned to endure repeat- passports. The court held that once expressed overtly, is still partner of a child’s biological citizens in this state has been ed ignorant attacks and slights the secretary did not have the being expressed insidiously, and Peters mother, whether heterosexual or rocky, but ultimately quite suc- based solely upon the color of authority “to den[y] an indi- that it cannot be tolerated. homosexual, could become the cessful. Steven Cambron, who his skin. However, Robeson’s vidual’s freedom of movement We see discrimination in dif- « Continued from page 9 child’s second parent by means was married to Matthew Leay- extraordinary courage helped solely because of their refusal to ferent forms in many of the cases sexual.” of adoption.7 Five years later, for- craft on Sept. 24, 2011, said it him take his own life experiences be subject to inquiry into their that come before us here in the While these developments are mer Governor David Patterson best: beliefs and associations. Id. at First Department, and I am proud and make them productive. He encouraging, the legal rights of signed a bill that explicitly allows Today, I am enormously chose not to be a victim, but 130. to say that my colleagues are of same-sex partners who survived same-sex couples to jointly adopt proud of my adopted home, used his increased sensitivity Once again able to travel like mind that it has no role in the death of their loved ones had a child.8 the Great State of New York to work at relieving the oppres- abroad, Robeson embarked on modern society. The 2013 First been restricted by case law.4 Protections Against Discrim- and our Governor Andrew sion of all cultures and peoples. a tour, based in London, where Department bench is bright, Moreover, at the national level, ination and Hate Crimes. The Against the advice of many he continued his human rights committed, hard working, and we await decisions from the U.S. Hate Crimes Act of 2000, among Cuomo—that allows us to of his closest and most trusted activism. He spoke out against diverse. In our case and opinion Supreme Court on same-sex mar- other things, criminalizes vio- stand here—almost unex- friends, Robeson moved away the anti-Semitism and racism of conferences, where we exchange riage and the Defense of Marriage lence against a person based on pectedly, incredulous at from his acting career toward Nazi Germany, and publicly criti- our mini “marketplace of ideas,” Act. Thus, it seems timely to sexual orientation.9 Moreover, in the pace of change but sad human rights activism, advo- cized the Australians for failing I am proud to report a uniform highlight case law and legislation 2003, New York’s Sexual Orien- too that it wasn’t even faster. cating the cause of the Repub- to provide the Aborigines with commitment to equal rights, and that has forged a pathway for tation Non-Discrimination Act After 19 years together—in lican forces against fascism in citizenship and equal rights. With human rights under the federal New Yorkers from the Stonewall revised state laws to prohibit sickness and in health—you the Spanish Civil War. He also respect to the Aborigines, he is and state constitutions. I men- riots to Stone Soup. Why Stone discrimination based on sexual wouldn’t think a ceremony became active in the Council quoted as stating: “There is no tion our court because undoubt- Soup you ask? Stone Soup is a orientation in employment, hous- and a government certificate on African Affairs (CAA). In such thing as a backward human edly our work is consistent with traditional children’s story about ing, public accommodations and could add much more to our post-World War II America, it is being, there is only a society Abraham Lincoln’s aspirations. a stranger who brings a commu- services.10 relationship. But I believe it an understatement to say that which says they are backward.” Robeson is just one example of nity together through the prepa- New York’s Recognition of will. It will make it even bet- these were disfavored activities. In 1963, Robeson returned to a man whose life’s work was the ration of “stone” soup. I shared Same-Sex Unions. Prior to the ter. It will make us better. The politics of the 1940s the United States. Although he embodiment of Lincoln’s vision. this story with my son, Avanti, Marriage Equality Act, gay and and 1950s was one of fear and had planned to continue activ- The lessons to be learned from when he was a young boy.5 As the lesbian couples from New York Now families and relation- distrust—fertile ground for ism and participation in the civil his commitment to human rights parable goes, a stranger stops traveled to other jurisdictions to ships that have existed on the discrimination. Senator Joseph rights movement, he suffered a are as relevant in 2013 as they at a poor village seeking food, get married or enter into a civil fringe of society in New York McCarthy and his followers were number of setbacks to his health. were last century, because, in but is turned away by everyone. union. Obstacles arose, however, have become legal and share in making what turned out to be In subsequent years he limited Lincoln’s own words, the prom- Eventually, he calls all of the when same-sex couples sought realizing the dream—“equality largely unsubstantiated claims his visitors to his closest friends. ise of equality under the law is people into the village square to terminate those relationships for all.” that there were large numbers He died on Jan. 23, 1976. the proposition to which our and announces that he will be in New York. In 2010, the Appel- of communists and communist Robeson’s legacy is that of nation is dedicated. making “stone soup” for all. As late Division, Third Department, ••••••••••••••••••••••••••••• he begins preparing the soup, heard the first appeal related to 1. Hollingsworth v. Perry, 671 F.3d 1052 11 each member of the community such obstacles. We unanimous- (2012), cert. granted —U.S.—, 133 S. Ct. contributes by building the fire, ly found that the courts of this 786 (2012), Windsor v. United States, 699 providing the pot and supplying state may recognize, as a matter F.3d 169 (2012), cert. granted —U.S.—, 133 S. Ct. 786, No. 12-307 (2012). continue our work to promote nized the importance of improv- the ingredients. In the end, the of comity, the civil union status 2. http://topics.nytimes.com/top/ equality and opportunity for all.” ing access to justice in achieving entire village equally enjoys the of same-sex couples for the pur- reference/timestopics/subjects/s/stone- Scudder Law Day has been an occasion the ideal of equality for all. In 1968, meal they prepared together. pose of dissolving the union.12 wall_rebellion/index.html (accessed March 27, 2013). Continued from page 9 « for presidents to seek progress Johnson commended members of As a single adoptive mother of The Marriage Equality Act. 3. See Braschi v. Stahl Assoc., 74 words are especially poignant in on the great issues of the day the bench and bar for their efforts a child of Indian descent, this Same-sex marriage was legalized N.Y.2d 201 (1989). 2013 as we celebrate the 150th by asking Americans to renew to extend legal services to the story, like many others, helped by the Marriage Equality Act, 4. See Matter of Valentine v. American anniversary of another great their commitment to equal instill the value of inclusiveness which was passed by the New Airlines, 17 A.D.3d 38 (3d Dept. 2005). poor. Presidents Jimmy Carter 5. Stone Soup, A Read Along With Me charter of freedom, President justice under law. Presidents and George H.W. Bush both asked in my son. York Legislature on June 24, 2011 Book, retold by Kit Schorsch (1989). Abraham Lincoln’s Emancipa- Eisenhower and John F. Kennedy for progress on access to justice, When it comes to gay rights, and signed by Governor Andrew 6. See Matter of Byron K., 206 A.D.2d 13 tion Proclamation. spoke of the importance of equal- observing that there remain too public policy and case law is Cuomo the same day. 642 (3d Dept. 1994). Presidential proclamations ity under law in the settlement evolving. I am encouraged that Destigmatizing the Term 7. See Matter of Jacob, 86 N.Y.2d 651 many indigent Americans unable (1995). on Law Day have highlighted of international disputes. During to pursue legal remedies for their New York has broadened the “Gay” or “Homosexual.” In 8. See Laws 2010, ch. 509, §1, Sept. 17, notable milestones in our the turbulent 1960s, Presidents grievances. And in 2012, President rights of each of our citizens and 2012, a male individual claimed 2010. Lyndon Johnson and Richard is leading us from Stonewall to 9. See Penal Law article 485. nation’s history. On the 50th Barack Obama proclaimed: “[W]e that being falsely called gay anniversary of Brown v. Board Nixon called for an end to urban Stone Soup. Now every member led to the termination of his 10. See Laws 2002, ch. 2, §1, Sept. 17, must ensure that access to justice 2010. of Education, President George rioting and violent campus pro- of our community can build a relationship with his girlfriend. is not an abstract theory, but a 11. See Dickerson v. Thompson, W. Bush expressed gratitude for tests. As he pressed for passage family and share this timeless As a result, the individual com- 73 A.D.3d 52 (3d Dept. 2010). concrete commitment that deliv- those who “challenged segrega- of the Civil Rights Act, Voting story with their children. menced an action alleging, 12. Id. at 55-56. 13. See Laws 2011, ch 95, §2, eff. July tion and helped America begin Rights Act, and the Age Dis- ers the promise of counsel and Creating a Family Through among other things, slander.14 assistance for all who seek it.” 24, 2011. to make equal justice under law crimination in Employment Act, Adoption. In 1994, the Appellate The Appellate Division, Third 14. See Yonaty v. Mincolla, 97 A.D.3d a reality for all Americans.” We Johnson described the efforts For 55 years our presidents Division, Third Department, held Department, ruled that being 141 (3d Dept. 2012). have issued Law Day proclama- 15. Id. at 145 (“Even prior to the commemorate another mile- to achieve equal justice for all that an adult unmarried person falsely described as gay or bisex- Marriage Equality Act, this Court had stone this year, the 50th anniver- citizens as an “urgent concern of tions celebrating our heritage, was not required to demonstrate ual does not amount to defama- previously explained that ‘the public sary of the U.S. Supreme Court’s every American.” President Bill calling for progress on the great extraordinary circumstances tion “based on the current public policy of our state protects same-sex decision in Gideon v. Wainwright. Clinton sought progress on legis- issues of the day, and urging prior to adopting a child.6 The policy of the state.”15 coupes in a myriad of ways’—includ- Americans to continue to work ing numerous statutory benefits and As we contemplate Gideon, it is lation to ensure that women and following year, the Court of Conclusion. The path to judicial decisions expressing a policy of fitting to recall Bush’s words on minority employees receive fair toward the promise of equal jus- Appeals ruled that the unmarried equal rights for gay and lesbian acceptance”[citation omitted]). the anniversary of Brown, when compensation for their work and tice under law. The issues have he encouraged all Americans to asked lawyers to promote racial evolved, but the guiding prin- “celebrate the great distance we diversity in our judicial system. ciple of equality for all remains have traveled as a nation and to Several presidents have recog- unchanged. of the Maine Bar in 1844 and the a pacifist and a reformer whose Eng Massachusetts Bar in 1845. There early efforts included a compre- was Robert Morris, the son and hensive study of the effects of « Continued from page 9 grandson of slaves who, along industrialization on urban work- our democratic institutions. with Allen, established the first ers, titled “Work Accidents and While diversity is a commend- African American law firm in the the Law,” published in 1910. able goal, true diversity has not United States. There was Harry H. Dow, been achieved in the legal profes- Two other African Americans who, in 1929, was the first Asian sion. Racial minorities continue who were admitted to the bar in American to be admitted to the to be underrepresented. While the early 19th century, Willam Massachusetts Bar, while New the population of African Ameri- Cooper Nell and John Rock, chal- York state’s first Asian American, cans is more than 12 percent of lenged discrimination and segre- Thomas H. Lee, was not admit- the general population, only gation in the schools of Massa- ted to the bar until 1935. There 1.7 percent of law firm partners chusetts. Myra Bradwell, one of was Wiley Austin Branton, who are African American. Hispanic the first American women to seek played a key role in helping to Greenwich Americans represent approxi- admission to the bar, had to wait desegregate the University of Village’s mately 16 percent of the general 21 years, until 1890, for the Illi- Arkansas School of Law, graduat- Stonewall Inn population but only 1.92 percent nois Supreme Court to grant her ing in 1953 after refusing to be per- was the site of of law firm partners. Asian Ameri- application for admission. Char- suaded by the school’s repeated riots and dem- cans make up 4.76 percent of the lotte E. Ray was the first African attempts to find a more “suitable” onstrations by population but only 2.36 percent American female lawyer, who, institution. Just two years after members of the of law firm partners. Women the story goes, in order to hide obtaining his law degree, he was gay community attorneys, who have also faced her identity as a woman, applied a member of the legal team that against a police their share of discrimination, to Howard University School of filed suit against the Little Rock raid that took now make up only 15 percent Law as “C.E. Ray.” She eventu- School Board, which resulted place there on of equity partners in private ally opened her own law practice in a unanimous opinion by the June 28, 1969. practice, according to a recent in Washington, D.C., where she U.S. Supreme Court ordering the Many consider American Bar Association study. established a reputation of being desegregation of Little Rock’s this to be the The hope is that these statistics a top corporate lawyer. Central High School. And there most important was William Thaddeus Colemen catalyst of the will change as opportunities for In the 20th century there was gay liberation advancement, particularly edu- William H. Lewis, who was the Jr., who in 1949 became the first movement. cational opportunities, become first black assistant attorney African American law clerk to a available. general of the United States. In U.S. Supreme Court Justice, when But in looking to the future, 1912, Lewis’ membership in the he clerked for Justice Felix Frank- we can gain inspiration from American Bar Association was furter. the heroes of the past. History “rescinded” when the associa- This is the merest sampling is replete with brave individuals tion discovered he was an Afri- of the many hundreds of our who struggled to overcome the can American—this was in keep- fellow attorneys from minority scourge of institutional inequal- ing with the “settled practice of backgrounds who made a differ- ity. Just to name a few, there was the Association [that it] only ence in the struggle for equality. Macon Bolling Allen, identified elect[s] white men as members” Their efforts have opened a path by some as the first African (this information appears on the to a bright future for the legal American lawyer in the United current website of the ABA). profession free from the injus- WIKI/Daniel Case States, who became a member Crystal Eastman of New York was tices of the past.