Supreme Court

Transgender Supreme Court Attorney

b. February 14, 1961

“This is how we win; not by being confrontational but by showing people we want to contribute to the community”

Shannon Minter is a groundbreaking transgender civil rights attorney who argued successfully before the U.S. Supreme Court. He serves as the legal director of the National Center for Lesbian Rights (NCLR).

Minter was born on Valentine’s Day in East Texas and assigned female at birth. In high school, Minter believed he was a lesbian. He came out to his family, who vehemently disapproved of his presumed sexuality. Minter experienced “a lot of rejection” in his conservative hometown and often feared for his safety growing up.

Minter attended the University of Texas at Austin and graduated with honors before attending Cornell Law School. He earned a J.D. in 1993, graduating Magna Cum Laude, Order of the Coif, and joined the NCLR the same year. Headquartered in San Francisco, the NCLR is a leading organization dedicated to LGBTQ+ rights. Minter founded the NCLR Youth Project, the first legal advocacy program of its kind.

In 1996, at age 35, Minter began his transition, keeping his given name. Minter believed it might be easier, particularly for his family, if he came out as a transgender man. Instead, the revelation shattered Minter’s connections to his family and church. Those relationships took “decades to heal.”

Minter went on to secure myriad historic victories for the NCLR. He first gained attention in 2001 representing Sharon Smith in the wrongful death lawsuit Smith filed on behalf of her lesbian partner. At the time, the only couples who could file tort claims were married heterosexuals. Minter succeeded in making the claims applicable to same-sex couples in domestic partnerships and won Smith more than $1.5 million in damages.

Minter captured the national spotlight again in 2003, successfully representing a transgender father seeking custody of his child. Minter served as lead attorney in the U.S. Supreme Court case Christian Legal Society v. Martinez in which the court upheld an antidiscrimination policy based on gender identity and sexuality at the University of California, Hastings Law School.

In 2009 Minter served as lead counsel for the same-sex couples challenging Proposition 8 in the California Supreme Court. As a trans man, he was “pained by the injustice” of being able to legally marry his wife, when gay and lesbian couples were not afforded the same right. In a landmark decision, the court struck down Prop 8, making marriage equality state law.

Among numerous other accolades and bar association honors, Minter has received the Cornell Law School Exemplary Public Service Award and the Ford Foundation’s Leadership for a Changing World Award. Minter lives with his wife and daughter in Washington, D.C.

Indian Transgender Rights Activist

b. December 13, 1978

“It is only through faith that the original status of the transgender people in India can be reclaimed.”

Laxmi Narayan Tripathi is an Indian transgender rights activist, dancer and television star. She is among the most influential figures in India’s LGBTQ community.

Tripathi was born male in Thane, Maharashtra, near Mumbai, to an orthodox Brahmin family. Brahmin is the highest caste in Hinduism. Growing up, Tripathi was sexually abused by a close relative and bullied by her classmates.

Tripathi graduated with an arts degree from Mumbai’s Mithibai College and a postgraduate degree in Bharatanatyam, a form of Indian classical dance that often expresses religious and spiritual themes.

After starring in several dance videos directed by Ken Ghosh, an Indian director and producer, Tripathi took up choreography and became a well-known dancer in Maharashtra. When the state shuttered its dance bars, Tripathi organized protests against the decision.

Tripathi identifies as a female in the Indian sense of hijra. Considered nonbinary, hijras can be intersex, transgender or eunuchs. Historically, Hinduism viewed hijras as divine. In the late 1800s, when India was a British colony, transgenderism was criminalized. For centuries, transgender Indians have lived as outcasts. Tripathi is working to reclaim the hijras’ holy status.

During India’s HIV/AIDS crisis in the 1990s, Tripathi was one of the first activists to demand that the national anti-AIDS program include hijras as a separate category. She attended the 2006 World AIDS Conference in Toronto, Canada, and participated in HIV/AIDS activism at other international forums. In 2008 she became the first transgender person to represent Asia Pacific in the United Nations, where she spoke of the plight of sexual minorities around the world, particularly in India.

In 2014, thanks to Tripathi’s successful petition, the Indian Supreme Court ruled to officially recognize a third gender. The landmark decision paved the way for transgender people to receive government benefits and for India’s decriminalization of same-sex relationships in 2018. In the wake of her Supreme Court victory, Tripathi formed the nonprofit Astitva Trust, Asia's first transgender organization, and established a Hindu hijra religious order, the Kinnar Akhara.

Tripathi was featured in the 2005 documentary “Between the Lines: India’s Third Gender.” In 2011 she starred in the celebrity edition of the Indian reality television series “Big Boss” and in “Queens! Destiny of Dance,” an acclaimed Bollywood film about hijras. In 2012 Tripathi published her autobiography, “Me Hijra, Me Laxmi.”

In 2017 at the KASHISH Mumbai International Queer Film Festival, Tripathi received the Rainbow Warrior Award. She received the Sree Narayana Guru Award for social service the same year.

Tripathi lives with her fiancé, Aryan Pasha, a transgender man. The couple has two adopted children.

Indian LGBTQ Rights Lawyers

b. November 27, 1974
b. August 19, 1982

"How strongly must we love to withstand [these] terrible wrongs."

Menaka Guruswamy and Arundhati Katju are Indian lawyers who won a historic 2018 Indian Supreme Court case decriminalizing homosexuality. For the pair, who came out as a couple in the international media afterward, the ruling represented a personal triumph as well as a watershed victory for LGBTQ people in India.

Guruswamy and Katju graduated from the National Law School of India University, Bangalore. Guruswamy studied law as a Rhodes Scholar at the University of Oxford, earning a doctorate degree in 2015. Katju practiced law for 11 years before receiving an LLM in 2017 from Columbia University, where she was a Human Rights Fellow and a James Kent Scholar.

The two lawyers litigated many notable cases before the Indian Supreme Court prior to their 2018 victory. In 2015 they helped secure a judgment on behalf of a transgender man who was confined by his parents. They also played a prominent role in a multimillion-dollar corruption case.

In 2013 Guruswamy and Katju served as co-counsel in the Supreme Court case Sureth Kumar Koushal v. Naz Foundation, defending the 2009 Delhi High Court ruling that Section 377 of the British Penal Code, which criminalized gay sex, was unconstitutional. During the hearing, they realized they would lose the case because the judge had “no imagination of who was a gay Indian.” When Section 377 was upheld, Guruswamy and Katju decided “they would never let LGBT Indians be invisible in any courtroom.”

Emboldened to build a new legal strategy to win LGBT rights, Guruswamy and Katju employed an old technique: a writ petition. The device allows claimants to go directly before the court. During the 2013 case, the court never heard direct testimony from LGBT Indians. For the new approach, the lawyers sought participation from gay Indian public figures, such as the classical dancer Natvej Singh Johar and his journalist partner, Sunil Mehra.

In 2016 Guruswamy and Katju petitioned on behalf of Johar, Mehra and three other claimants, including the famous hotelier Keshav Suri, in the case of Navtej Singh Johar v. Union of India.

In 2018 the Supreme Court made its landmark decision, declaring Section 377 unconstitutional and ending the 155-year-old colonial law. The decision not only decriminalized homosexuality, but also accorded LGBTQ Indians the rights and protections of the country’s constitution. The ruling also set an important legal precedent for LGBTQ rights in other non-Western countries. In 2019 Botswana cited India’s decision in reversing its anti-gay law.

In 2019 Time magazine named Guruswamy and Katju to its list of the 100 most influential people.

Distinguished Historian

b. July 28, 1954

“Marriage equality was neither inevitable nor, until recently, even conceivable.”

George Chauncey is a celebrated American historian and author whose groundbreaking scholarship helped establish the field of U.S. LGBT history and the basis of his work as an expert witness in numerous court cases.  He serves as the DeWitt Clinton Professor of American History at Columbia University and the director of the Columbia Research Initiative on the Global History of Sexualities.

The son of a Presbyterian minister who was active in the civil rights movement, Chauncey was born in Brownsville, Tennessee, and raised in the South. He attended Yale College, graduating with his doctorate in 1989. He attained a full professorship at the University of Chicago, where he taught history 15 years.

In 1994 he published “Gay New York: Gender, Urban Culture, and the Making of the Gay Male World, 1890-1940.” The groundbreaking work won five major awards, including the Organization of American Historians Merle Curti Award in social history and the Los Angeles Times Book Prize for history. It remains the most widely taught book about LGBT history.

In 2000 Chauncey secured major grants from the Rockefeller and Ford foundations to support a conference at the University of Chicago billed as “the largest-ever” on lesbian, gay and queer history. The following year, Equality Illinois presented him with its Freedom Award.

In 2004 Chauncey published “Why Marriage? The History Shaping Today’s Debate Over Gay Equality.” He joined the faculty of Yale in 2006, where he chaired the history department and the committee for LGBT studies. In 2012 Yale presented him with its prize for Teaching Excellence in the Humanities. He joined the Columbia University faculty in 2017.

Chauncey has served as a historical consultant on major public projects, including exhibitions at the New York Public Library and the Chicago History Museum. He has provided expert witness testimony on the history of antigay discrimination in more than 30 court cases. Five reached the U.S. Supreme Court, including  Lawrence v. Texas (2003), which overturned the nation’s remaining sodomy laws; United States v. Windsor (2013), which struck down the core of the Defense of Marriage Act and Obergefell v. Hodges (2015), which legalized same-sex marriage nationwide.

Chauncey earned fellowships from the John Simon Guggenheim Foundation and the National Humanities Center. He was elected a member of the Society of American Historians in 2005 and has served on its executive board.

In 2014 Chauncey married Ronald Gregg, a professor of film and media studies at Columbia. They live in New York.

Pioneering Military Activist

b. August 20, 1948
d. March 17, 1996 

"For 16 years the Army said being homosexual wasn't detrimental to my job. Then, after the fact, they said it was. Logic is a lost art in the Army."

Perry J. Watkins was an African-American soldier who won a landmark lawsuit challenging the constitutionality of his military discharge due to his homosexuality.

Born in Joplin, Missouri, Watkins was raised by a single mother who always encouraged his honestly. He was open about his homosexuality in high school, at a time when both gay and black Americans were stigmatized.

At age 19, Watkins was drafted during the Vietnam War. He did not hide his sexuality on his pre-induction paperwork and served openly, even though U.S. policy barred homosexuals from the military. 

In the 1970s, while serving in Korea, Watkins volunteered to entertain the troops. He performed in drag, using the stage name Simone. Off duty, he took his show to Army clubs in Europe.

The Army accepted Watkins’s reenlistment three times following honorable discharges. Each time he responded candidly to inquiries about his “homosexual tendencies.” Several times the military conducted investigations into Watkins’s sexual conduct. All of them ended due to insufficient evidence.

In 1975 the military sought to discharge Watkins for being gay, despite his excellent record. His commanding officer testified that Watkins did "a fantastic job" and insisted his homosexuality had no impact on his performance. Watkins retained his enlistment and in 1977 was granted a security clearance. It was revoked two years later, due again to his sexual orientation. Represented by the ACLU, Watkins filed a lawsuit to challenge the revocation. In response, the army filed discharge proceedings. 

After a protracted legal battle, the Army dismissed Watkins permanently in 1984, at the end of his enlistment period. Thereafter, Watkins worked for the Social Security Administration while he fought the discharge.

In 1988 a federal court of appeals ruled in Watkins’s favor. It was the first time an appellate court ruled against the military ban on homosexual servicemembers. The Bush Administration appealed the decision.

In 1990 the U.S. Supreme Court upheld the lower court’s decision and ordered Watkins’s reinstatement. He settled for a retroactive promotion, an honorable discharge, back pay and full retirement benefits.  

In 1993 Watkins served as grand marshal of the New York City Pride Parade. The documentary “SIS: The Perry Watkins Story” was released in 1994. The University of Michigan Law School awards an annual fellowship in his memory.
 
At age 47 Watkins died of AIDS-related complications. The New York Times published his obituary.

Marriage Equality Lawyer

b. September 29, 1966 

“No other group in recent history has been subjected to popular referenda to take away rights that have already been given, or exclude those rights, the way gay people have." 

Roberta A. “Robbie” Kaplan is an attorney who represented Edie Windsor in the Supreme Court case United States v. Windsor, a landmark victory for marriage equality.

Kaplan grew up in Cleveland, Ohio. She graduated Phi Beta Kappa from Harvard College and earned her J.D. from Columbia Law School in 1991. She clerked for judges in Massachusetts and New York.

From 1996 until 2017, Kaplan was an attorney at the law firm of Paul, Weiss, Rifkind, Wharton and Garrison. She became a litigation partner in 1999 and successfully represented clients ranging from Citibank to Airbnb. The American Bar Association (ABA) Journal lauded her as “a specialist in emerging law.” 

In 2009 Kaplan agreed to represent Edie Windsor free of charge after hearing her story. Windsor and her lifelong partner, Thea Spyer, both U.S. citizens, married legally in Canada. When Spyer died a few years later, Windsor’s inheritance was subject to estate tax, as their marriage was not recognized under U.S. federal law. The estate tax would not have applied to the surviving spouse in a heterosexual marriage. 

In the 2013 Windsor decision, the Supreme Court overturned a key provision of the Defense of Marriage Act (DOMA), which held that marriage is solely between a man and a woman. The case laid the groundwork for the 2015 Supreme Court ruling in Obergefell v. Hodges, which legalized same-sex marriage nationwide. During an exchange with Chief Justice John Roberts, Kaplan stated, “No other group in recent history has been subjected to popular referenda to take away rights that have already been given, or exclude those rights, the way gay people have.” 

Former President Clinton said, “… Windsor was a landmark ruling and the case's architect, Roberta Kaplan, emerged as a true American hero.” Kaplan wrote about the experience in her book “Then Comes Marriage: United States v. Windsor and the Defeat of DOMA.” 

In 2013 The American Lawyer magazine named Kaplan Litigator of the Year, and Stanford University honored her with a National Public Service Award. In 2015 the New York Law Journal presented her with a Lifetime Achievement Award. 

In 2017 Kaplan founded her own law firm. She is an adjunct law professor at Columbia Law School. 

Kaplan is married to Rachel Lavine. They live in New York City with their son. 

Gay Pioneer

b. October 17, 1917
d. May 11, 2000

“I was one of the founders of the first homosexual organizations in U.S. history. …Our basic argument was that changes in sex laws would not benefit us alone but everyone.”

William Dale Jennings was a gay pioneer who cofounded two early gay organizations and one of the first gay magazines in America. He was dubbed the Rosa Parks of the gay rights movement when he successfully challenged his arrest on homosexuality charges.

Jennings grew up in Denver, Colorado, where he studied piano and dance. He was performing by the age of 12 and traveled with the Lester Horton Dance Group. He moved to Los Angeles in his early 20s, after training in theater direction. Jennings established his own theater company and wrote and produced more than 50 short plays. 

Jennings served in World War II and received several military honors, including a Victory Medal. After an honorable discharge in 1946, he studied cinema for two years at the University of Southern California in Los Angeles. 

In 1950 the U.S. Senate declared homosexuals a national threat. That year, Harry Hay, Jennings and four other gay activists cofounded the Mattachine Society—an underground gay community network and one of the first gay civil liberties organizations in the United States. 

During this time, vice detectives posing as homosexuals commonly entrapped gay men and charged them with solicitation. Most men pled guilty for fear of public exposure. When Jennings was arrested for soliciting in 1950, he fought back. He was the first openly gay man known to have done so. During his 10-day trial in 1952, Jennings disclosed his homosexuality but denied the charge. The jury deadlocked one vote shy of acquittal, and the judge dismissed the case. Publicity surrounding the trial exposed the issue of entrapment and made Jennings an gay hero.

Later the same year, with a group Mattachine members, Jennings cofounded ONE, Inc., to develop a publication specifically for homosexuals. With Jennings as its editor, the first issue of ONE Magazine was published in 1953. It became the first widely distributed gay magazine in the United States. 

In 1954 the Los Angeles postmaster cited the publication for obscenity and refused to deliver it. A legal battle ensued, and after several lower court rulings in favor of the post office, the United States Supreme Court ruled for the magazine. A first-of-its-kind victory, the decision in ONE vs. Olesen is celebrated as a legal landmark, making the mail circulation of gay periodicals possible.

In addition to ONE Magazine, Jennings wrote for other publications and published three novels. His California gold-rush-era coming-of-age story, “The Cowboys,” was made into a movie, starring the Academy Award-winning actor John Wayne. Jennings co-wrote the screenplay. 

Jennings died in Los Angeles at the age of 82. The New York Times published his obituary.

Marriage Equality Hero

July 7, 1966

“We have to stand up and say we’ve had enough.”

Jim Obergefell is the plaintiff in the landmark U.S. Supreme Court decision that legalized same-sex marriage nationwide. 

A Cincinnati resident, Obergefell married John Arthur in Maryland in 2013. Arthur was terminally ill with ALS (Lou Gehrig’s disease), and Obergefell filed a lawsuit to force their home state of Ohio to recognize him as the surviving spouse on Arthur’s death certificate. The couple alleged that the state’s governor, John Kasich, was discriminating against same-sex couples who were legally married out of state. 

In 2015 the Supreme Court ruled in Obergefell v. Hodges that state bans on same-sex marriage were unconstitutional, thus requiring all 50 states and U.S. territories to issue marriage licenses to same-sex couples.

“Today’s ruling from the Supreme Court affirms what millions across the country already know to be true in our hearts,” Obergefell said upon learning the verdict, “that our love is equal.” President Barack Obama called the decision a “victory for America.”

Obergefell is an unanticipated activist. Born and raised in Sandusky, Ohio, he is the youngest of five children in a Catholic family. He came out as gay in his mid 20s and met Arthur in 1992. They lived together for 22 years before Arthur succumbed in 2014.

When Arthur was diagnosed with ALS in 2011, Obergefell became his primary caregiver. The couple flew to Maryland to legally marry just before Arthur died. They had already filed a federal lawsuit to allow Obergefell to be named Arthur's surviving spouse. When the court ruled in favor of Obergefell, Ohio appealed the ruling and won. Obergefell took his fight to the Supreme Court.

Obergefell has become a marriage equality hero, traveling nationally and internationally. With Pulitzer Prize winner Debbie Cenziper, he is the co-author of "Love Wins: The Lovers and Lawyers Who Fought the Landmark Case for Marriage Equality."

Marriage Equality Hero

b. June 20, 1929
d. September 12, 2017

“I trust the Constitution. Sometimes there’s a mistake but mostly we move forward. I think justice will prevail.”

Edith “Edie” Windsor was the lead plaintiff in the Supreme Court case United States v. Windsor, a landmark legal victory for marriage equality.

Windsor is a former top-ranking technology manager at IBM, where she began her employment in 1958. In 1987 the National Computing Conference honored her as a Pioneer in Operating Systems. 

In 1963 Windsor met Thea Spyer, a psychologist, in New York. The two began a lifelong relationship, which they hid from their employers for many years. The couple were engaged for 42 years.

When Spyer was diagnosed with multiple sclerosis, Windsor became her caregiver, eventually entering a domestic partnership with her in New York in 1993. Because the state did not yet offer same-sex marriage rights, the couple wed in Canada in 2007, two years before Spyer’s death. 

The couple’s inability to legally marry prompted Windsor to publicly advocate for marriage equality and to take her case to court. No stranger to LGBT activism, Windsor provided leadership in numerous LGBT organizations and regularly participated with Spyer in history-making LGBT rights events. 

In New York, Windsor volunteered for East End gay organizations, the LGBT Community Center, and the 1994 Gay Games. She helped form Old Queers Acting Up, an improv group that uses comedy to address social issues, and she served on the board of the Services & Advocacy for GLBT Elders (SAGE).

Windsor’s court battle propelled her into the national spotlight. When she filed a lawsuit in 2010, she sought to claim the federal estate tax exemption for surviving spouses. Although she and her partner were legally wed in Canada, the U.S. Defense of Marriage Act (DOMA) limited the federal definition of “spouse” to heterosexual unions only. In 2013 the Supreme Court ruled in Windsor’s favor, overturning Section 3 of DOMA and setting a precedent that laid the groundwork for national marriage equality. Shortly after the 2015 Supreme Court decision in Obergefell v. Hodges that legalized same-sex marriage in the United States, Equality Forum honored Edie Windsor's contributions with its 20th Annual International Role Model Award.

Windsor’s story is featured in the 2009 documentary “Edie and Thea: A Very Long Engagement.” Windsor died in New York in 2017. She was 88.

d. 11/20/2011

d. 9/11/2006

Legal Activists 

– John Lawrence

John Lawrence and Tyron Garner were defendants in the landmark Supreme Court case Lawrence v. Texas in which laws prohibiting same-sex sodomy were declared unconstitutional. The 2003 decision, based on the right to privacy, legalized consensual same-sex intimacy.

John Lawrence was raised in a rural town on the coastal plains of Texas. After serving four years in the Navy, Lawrence returned to Texas. He worked as a medical technologist in the Houston area, where he met Tyron Garner, an African-American blue-collar worker. 

In September 1998, Garner spent the night at Lawrence’s apartment. Responding to a disturbance complaint, police entered the apartment and witnessed the couple having sex. The two men were arrested and charged with violating the Homosexual Conduct Law. The statute made it a misdemeanor to engage in “deviant sexual intercourse” with a member of the same sex. Those convicted were required to register as sex offenders. After pleading no contest, Lawrence and Garner appealed the conviction and challenged the statute’s constitutionality.

Lawrence and Garner were represented by Lamda Legal Defense and Education Fund (Lamda Legal). After five years, Lawrence and Garner’s appeal was heard by the U.S. Supreme Court. In a 6-3 decision, the Court struck down sodomy laws. In the majority opinion, Supreme Court Justice Anthony Kennedy wrote that a law prohibiting sodomy “demeans the lives of homosexual persons” and, under the equal protection and due process guaranteed by the 14th Amendment, could no longer be upheld.

Following the decision, both men led private lives. Although they were no longer a couple, they remained friends. They are remembered through a fellowship program in Garner’s name, established by Lambda Legal. The fellowship supports law students interested in LGBT issues within the African-American community. In one of his few media interviews, Garner addressed the significance of the case by saying, “I’m not a hero. But I feel like we’ve done something good for a lot of people. I kind of feel proud of that.”

June 23, 2013, marked the 10th anniversary of the historic decision in Lawrence v. Texas. The case laid the groundwork for the Supreme Court decision in United States v. Windsor, which held that the Defense of Marriage Act was unconstitutional.