Albie Sachs, a former justice for the Constitutional Court of South Africa who has fought for human rights, spoke at UF Law on Tuesday about gay marriage. (Photo by Maggie Powers)

By Jenna Box (3JM)
Student Writer

A quiet hum of voices filled the Chesterfield Smith Ceremonial Classroom, HOL 180, at about noon on Tuesday. Albie Sachs sat on a table at the front of the room, wearing a gold-patterned shirt and a calm expression. His right sleeve hung empty beside his body—a symbol of the lifelong battle he’s fought for human rights.

The 78-year-old former justice of the Constitutional Court of South Africa spoke about gay marriage. It was also the opening day of the U.S. Supreme Court’s hearing of arguments about two cases involving same-sex marriage.

Even before he served on the Constitutional Court, Sachs was known as an advocate against racism, repression and apartheid. He was imprisoned, tortured and banned for his freedom fighting, but he wasn’t silenced.

In 1988, a car bomb placed by South African security agents blew up when he opened his door, causing him to lose his right arm and vision in one eye.

On Tuesday, Sachs shared stories from his experience on the Constitutional Court and his thoughts about the opinion he wrote in a case that legalized same-sex marriage in South Africa in 2005.

“Probably the strongest statement to appear in any judgment or opinion in recent years about the importance of religion in public life for millions and millions of people all around the world came from my pen in that judgment,” he said. “The very constitution that protects the rights of same-sex couples to express their love and intimacy and commitment in the same way heterosexual couples do protects the rights of faith communities to follow their faiths in the way that they want to do.”

Far too often, differences have been used as a weapon to separate, he continued. Cultural wars arise from people imposing their world views on others, instead of showing respect. What could be more important, he asked, than to allow people to be who they are?

“What do I think the U.S. Supreme Court will do?” he said. “I think they will give an opinion.”

The audience laughed.

“I imagine all the talents or otherwise of the nine justices are going to be challenged and tested now,” he said.

After the talk, Sachs signed copies of two of his books, which are still available for purchase in the UF Law Bookstore.

“I thought the talk was a great success. Albie related the issue of gay marriage to his own life experiences in a way that brought home the important dignity interests at stake, not only for gay and lesbian couples, but also for those who oppose gay marriage on religious grounds,” said UF Law Senior Legal Skills Professor Joseph Jackson, who introduced Sachs. “He’s had a truly remarkable life, full of courage and commitment in the face of great adversity, and it was inspiring to hear him speak.”

“Gay Marriage and the Promise of Equality” was co-sponsored by UF Law’s Center on Children and Families and UF’s Center for African Studies.

“Gay Marriage and the Promise of Equality” will be at noon in the Chesterfield Smith Ceremonial Classroom, HOL 180, with a book signing immediately following. The talk is free and open to the public. Parking restrictions in the green areas at the law school will be lifted for the event.

Sachs’ career as a human rights activist started in his student days at the University of Cape Town, when he took part in the Defiance of Unjust Laws Campaign. He devoted his law practice to defending people charged under racist statutes and repressive security laws. Many faced the death sentence. He himself was raided by the security police, subjected to banning orders restricting his movement and eventually placed in solitary confinement without trial for two prolonged spells of detention. In 1988, Sachs was the victim of a car bomb attack carried out by South African security agents, losing an arm and the sight of one eye.

During the 1980s and early 1990s Sachs was centrally involved in drafting the African National Congress’ proposed constitution for a new democratic South Africa. As a member of the Constitutional Committee and the national executive of the ANC he took an active part in the negotiations that led to South Africa becoming a constitutional democracy. He was appointed by President Nelson Mandela in 1994 to serve on the newly established Constitutional Court, and in 2005 he authored the court’s landmark decision requiring legal recognition of gay marriage in South Africa.

“We’re absolutely thrilled to have Albie Sachs speak at UF,” said UF Law Senior Legal Skills Professor Joseph Jackson. “He’s a remarkable person and a major player in the constitutional transformation of South Africa, who has helped that country heal the divisions of the past.”

Sachs’ talk is co-sponsored by UF Law’s Center on Children and Families and UF’s Center for African Studies.

Sachs will also give a talk at the Center for African Studies at 4 p.m. titled, “Combating Corruption: Kenya’s Efforts to Judge its Judges.” Visit the African Studies website for complete details, http://web.africa.ufl.edu/.

“Gay Marriage and the Promise of Equality” will be at noon in the Chesterfield Smith Ceremonial Classroom, HOL 180, with a book signing immediately following. The talk is free and open to the public. Parking restrictions in the green areas at the law school will be lifted for the event.

Sachs’ career as a human rights activist started in his student days at the University of Cape Town, when he took part in the Defiance of Unjust Laws Campaign. He devoted his law practice to defending people charged under racist statutes and repressive security laws. Many faced the death sentence. He himself was raided by the security police, subjected to banning orders restricting his movement and eventually placed in solitary confinement without trial for two prolonged spells of detention. In 1988, Sachs was the victim of a car bomb attack carried out by South African security agents, losing an arm and the sight of one eye.

During the 1980s and early 1990s Sachs was centrally involved in drafting the African National Congress’ proposed constitution for a new democratic South Africa. As a member of the Constitutional Committee and the national executive of the ANC he took an active part in the negotiations which led to South Africa becoming a constitutional democracy. He was appointed by President Nelson Mandela in 1994 to serve on the newly established Constitutional Court, and in 2005 he authored the court’s landmark decision requiring legal recognition of gay marriage in South Africa.

“We’re absolutely thrilled to have Albie Sachs speak at UF,” said UF Law Senior Legal Skills Professor Joseph Jackson. “He’s a remarkable person and a major player in the constitutional transformation of South Africa, who has helped that country heal the divisions of the past.”

Sachs’ talk is co-sponsored by UF Law’s Center on Children and Families and UF’s Center for African Studies.

Sachs will also be giving a talk at the Center for African Studies at 4 p.m. titled, “Combating Corruption: Kenya’s Efforts to Judge its Judges.” Visit the African Studies website for complete details, http://web.africa.ufl.edu/.

Deroy Murdock, columnist with the Scripps Howard News Service, discusses gay rights, freedom of association and religious liberty with UF Law Professor Darren Hutchinson Jan. 31 at an event sponsored by the UF Federalist Society and OUTLaw. (Photo by Haley Stracher)

By Lindsey Tercilla
Student writer

On Jan. 31, the UF Federalist Society and OUTLaw, the Levin College of Law’s gay-straight alliance group, hosted a discussion on gay rights, freedom of association and religious liberty. Deroy Murdock, columnist with the Scripps Howard News Service, and visiting Professor Darren Hutchinson exchanged ideas and offered students new perspectives about the three topics.

The openly libertarian columnist discussed gay rights in relation to gay marriage.

“The best way to handle marriage is to get the government out of it,” said Murdock. “If you want to keep something sacred, keep it in the sacred sector.”

Murdock advocated for making the social benefits of marriage universal in some sense in order for gay couples to enjoy these benefits. He stressed the need for a separation of government and marriage.

Hutchinson spoke of his involvement in the Dale v. Boy Scouts trial and about the differences of expressive association and intimate association.

The government, he said, cannot evoke religious freedom to address discrimination and civil rights issues.

The discussion provided an opportunity for students to see the law in action.

“This informational session is relevant to students because it shows application of the law to real-world problems,” said Hutchinson. “While real-world application of the law is discussed in class, an info session like that can go beyond what we can talk about in class.”

The discussion, like many others hosted by these student organizations, allowed for a more in-depth analysis of concepts and connects students to professionals within the field while exposing students to other types of law.

Murdock is a nationally syndicated columnist with the Scripps Howard News Service. His column, “This Opinion Just In…,” frequently appears in the New York Post, Washington Times, and Orange County Register, among some 400 U.S. newspapers he reaches weekly.

Hutchinson teaches Constitutional Law, Equitable Remedies and seminars in Critical Race Theory, Law and Social Change, and Equal Protection Theory at the American University, Washington College of Law.

Harvard Law Professor Janet Halley discussed Oct. 18 the current approach to same-sex marriage during the seventh annual Weyrauch Distinguished Lecture in Family Law. (Photo by Haley Stracher)

By Matt Walker
Senior writer

A “train wreck” is how Harvard Law Professor Janet Halley describes the legal regime prevailing for same-sex couples.

Until same-sex marriage is recognized and protected on a federal level, gay couples will continue to face potential legal complications due to varying degrees of recognition of civil unions and gay marriage from state to state, Halley said at the seventh annual Weyrauch Distinguished Lecture in Family Law.

In her Oct. 18 lecture, “Traveling Marriage: Why the Campaign for Same-Sex Marriage Cases Gets Marriage Wrong,” Halley discussed how relationships can be damaged and numerous legal problems can arise from the “flickering” of gay marriages.

“What happens with same-sex marriages and civil unions that are valid where formed, and they move to a DOMA (Defense of Marriage Act) state, is that they do what I call a flicker,” Halley said. “They are valid in one location and they are invalid in another location and will not be given legal recognition there.”

“The possibility that you’re forming a same-sex marriage in Massachusetts or some other state where it’s valid to do so means you’re handing over to your spouse the power to move to a DOMA state and do serious legal damage in the relationship because you can induce non-recognition of the relationship,” Halley said.

While states should recognized marriages formed in other states, some states use the Defense of Marriage Act to get around this by declaring same-sex marriages morally repugnant, she said.

Halley said ultimately same-sex marriage will need to be federalized to prevent these types of situations, but she said she’s not putting her hopes on the Supreme Court at this time because it is a conservative court that’s becoming even more conservative.

The current approach to gay marriage is heavily influenced by the traditional view established in the 19^th century that marriage falls under status law, which reflects the will of the state, rather than contract law, which reflects the will of the parties, she said.

“My advocacy is that we should really look at marriage not as status, which is what you do if you’re going to constitutional court,” Halley said. “We should look at it as its effects. And we should be ready for a long, long haul of very painful flickering.”

Halley teaches courses in family law, comparative family law and sexuality, and legal theory. Her books include After Sex? On Writing Since Queer Theory, co-edited with Andrew Parker (Duke University Press 2011); Split Decisions: How and Why to Take a Break from Feminism (Princeton University Press 2006); Left Legalism/Left Critique, co-edited with Wendy Brown (Duke University Press, 2002); Don’t: A Reader’s Guide to the Military’s Anti-Gay Policy (Duke Univ. Press, 1999); and Seeking the Woman in Late Medieval and Renaissance Literature: Essays in Feminist Contextual Criticism, co-edited with Sheila Fisher (University of Tennessee Press, 1989). Her current projects include a handbook, What’s Not to Like about Sexual Harassment Law and a critique of the rules about sexual violence in war established by the ad hoc courts convened to adjudicate war crimes in Rwanda and the former Yugoslavia.

The Weyrauch Distinguished Lecture in Family Law was established in honor of Professor Walter O. Weyrauch, internationally known for his work in foreign and family law. Weyrauch joined the UF Law faculty in 1957 as associate professor. He became professor in 1960, was Clarence J. TeSelle Professor 1989-1994, and became Stephen C. O’Connell Chair in 1994 and distinguished professor in 1998. A reception will follow the lecture.