The Face of the Case: Obergefell Tells How He Became Part of Legal History

James Obergefell grew up in a blue collar, Catholic family in Sandusky, Ohio, got an undergraduate degree from the University of Cincinnati, and became a high school teacher.

“I was deep in the closet,” he said as he told his story during a program Wednesday, Sept. 18, 2024, in the Lubar Center at Marquette Law School. He came out in the early 1990s while he was in graduate school and met John Arthur. Within a short time, they considered themselves married. Legally, they were not – at the time, same sex marriage was not legal anywhere in the United States. But beginning in the mid -990s, they decided they wanted “marriage and everything that came with it,” as Obergefell put it.

Obergefell told Derek Mosley. executive director of the Law School’s Lubar Center for Public Policy Research and Civic Education, who moderated the conversation before a capacity audience of more than 200. how the legal landscape began to change, including a US Supreme Court decision in 2013 that struck down a federal law known as the Defense of Marriage Act. During the same period, Arthur’s health declined sharply after being he was diagnosed with ALS in 2012.

After the Supreme Court decision, Obergefell and Arthur decided to get married. Because Arthur’s health was so precarious, they needed to act quickly. And because legalities involving marriage varied across the country, they ended up taking a medical ambulance flight to the Baltimore/Washington airport in Maryland, where they could have a ceremony without ever getting off the airplane. Three months later, Arthur died.

What emerged from their marriage was a court case focused on whether Obergefell was the surviving spouse legally. And that case was joined with similar cases that ended up before the US Supreme Court, resulting in the landmark decision of Obergefell v. Hodges in 2015 which made same sex marriage legal throughout the United States. Obergefell recounted the events of the day the Supreme Court decision was issued. “I burst into tears” in the courtroom, he said. “For the first time in my life as an out gay man, I felt like an equal American,” he said. The audience applauded when he said that.   

Obergefell’s name became a big part of American legal history. And Obergefell himself moved from being a person of no prominence and no notable involvement as an activist into a continuing spotlight. It made him, as Mosley put it at the Law School program, “the face of the case,” someone who continues to be an advocate for rights of many kinds and someone who tells his personal story openly and with impact. Obergefell said he has realized how “stories matter — stories can change hearts and minds.”

“Going through something like this has a profound impact,” Obergefell told the audience. “It changes you.”

Obergefell said he is still motivated by anger over things he sees as wrong and the need to advocate for the rights of people facing many different situations. He also has less intense involvements, such as co-owning a wine label that has raised more than $250,000 for causes supported by him and the co-owner.

“Nothing makes me happier than to know that young people today are growing up in a world where the question of their right, their ability, to get married and have that relationship recognized is there.” Obergefell said.  “I had the absolute honor and privilege of being part of making things better for people younger than I am.”

Video of the one-hour program may be viewed by clicking below.

Continue ReadingThe Face of the Case: Obergefell Tells How He Became Part of Legal History

Memory Matters—Recalling Rwanda

“Forgive and forget” — so the saying goes. But in Rwanda, they must forgive yet remember.

Memory matters because:

  • The 1994 Genocide against the Tutsi killed more than one million men, women, and children over four months, making the ability to forget both an imp ossibility and an unspeakable betrayal of the victims.
  • If Rwanda is to continue to exist, memory must be the prerequisite for creating peace in a country where the genocide’s survivors and perpetrators are neighbors, co-workers and even family members who live side-by-side.

The depths of this powerful dual truth connecting memory and genocide echoes the “never again” commitment following the Holocaust. Ironically, humans and history have yet to learn how to stop repeating deliberate and systematic extermination of others because, tragically, hatred is a lesson that is too often taught successfully.

This past July, I experienced firsthand the power of memory for overcoming hatred and creating peace. I was given the opportunity to attend a four-day conference in Rwanda held in conjunction with the 30th anniversary commemorating the Genocide against the Tutsi. Titled “Listening and Leading: The Art & Science of Peace, Resilience & Transformational Justice,” the event was hosted by Aegis Trust, a global nonprofit that two brothers from England launched in 2000 to keep alive the memory of the Holocaust and other genocides. Today the organization is broadly dedicated to predicting and preventing genocide and crimes against humanity. Why did I go to the Aegis Trust conference?

My friend Terri de Roon Cassini, director of the Comprehensive Injury Center and a clinician specializing in trauma care at the Medical College of Wisconsin, received an invitation from Aegis Trust to attend the conference based on MCW’s evolving work in community-based violence prevention in Milwaukee. She invited me to make the 16-hour trip with her colleagues to Rwanda because of my parallel work directing the Andrew Center for Restorative Justice at Marquette University Law School. Restorative justice is partly about remembering so that we can move forward—how acknowledging and responding to harm can lead to healing and safety for those harmed, accountability and compassion for those who harm, and stronger and safer communities.

In that light, I felt compelled to go to Rwanda because its people have something to teach us as Americans grappling with a violence epidemic. Something vital I want to share—especially with those of us in Milwaukee, working to prevent community-based violence. That is my motivation for a series of blogs, beginning with this one that necessarily establishes the sad context of the Genocide against the Tutsi. Captured below is information from the walls of memorial centers, and testimonials from survivors and perpetrators who know all too well that understanding the pathway to genocide is key to prevention.

From peace to hatred

For centuries, 18 different clans constituting the peoples of Rwanda lived peacefully. With a common language, they built a history and culture, sharing and thriving on the rich, fertile hills of their native land in central Africa. But Belgian colonial rule resulting from World War I introduced divisions based on socioeconomic and racial distinctions, categorizing people primarily as Hutu, Tutsi, and Twa. An identity card system initiated in 1932 labeled each person. For three decades, Belgian favoritism of the Tutsi fostered a growing divide. The Hutu widened it after the literal and figurative death of monarchy in 1959, which ushered in Rwandan independence by 1962. Power was in the hands of a highly centralized, single party that created a repressive state with a singular goal: emancipation of the Hutu by exacting revenge against the Tutsi.

Civil unrest became the norm through an incessant propaganda campaign that included elementary school education. Hate speech taught the majority to see the Tutsi as Inyenzi—cockroaches—despite being neighbors, friends, and even family due to generations of intermarriage. Mandates such as the Hutu Ten Commandments dictated absolute rule and superiority of the Hutu while justifying punishment of “traitorous” Hutu who allied with Tutsi or prevented the commandments from being spread as the prevailing ideology.

Hate was effectively learned over the next decades, with the teaching of persecution that included imprisoning, torturing and massacring thousands of Tutsis. By 1973, 700,000 Tutsis were exiled, while thousands of Tutsis and Hutu moderates left Rwanda on their own. Prevented from returning home despite peaceful efforts to do so, many refugees formed a resistance movement known as the Rwandan Patriotic Front (RFP) and invaded Rwanda in 1990.

During the ensuing civil war, the government established internal refugee camps, heightening tension and fear of the Inyenzi. The waralso brought the return of European powers in the form of the United Nations, which tried to negotiate peace with a president who had no control over extremists. Despite hearing of the atrocities, the rest of the world effectively did nothing while all Tutsi were registered via the identity-card system—part of the us-vs.-them impetus of the extremists’ extermination plan designed for ethnic cleansing. This powder keg was lit when the Rwandan president was assassinated on April 6, 1994. The Genocide against the Tutsi was instant and merciless.

Maybe you saw the Don Cheadle film Hotel Rwanda and have a sense of the brutality. Roadblocks went up as militia identified and killed Tutsis. Murderous house-to-house searches led by Hutu extremists armed with machetes, clubs, and guns were widespread. Generations were slaughtered as neighbors, friends, and family members turned on each other. Even women and children were forced to be perpetrators of death and destruction from which no Tutsi was exempt, with Hutu and Tutsi women forced to kill their own Tutsi children. I share the following because we cannot remember what we may not know:

  • 10,000 Tutsis were killed daily—seven per minute—over 100 days that wiped out more than one million people.
  • 300,000+ children were orphaned while 85,000 children became the heads of their household.
  • Homes and infrastructure were demolished; looting, lawlessness, starvation, and chaos were rampant.
  • Tens of thousands were tortured, mutilated, and raped, with thousands of widows being intentionally infected with HIV.

The Genocide against the Tutsi eliminated about 1/8 of Rwanda’s population until the RFP was ultimately able to stop the killing in July 1994—without international assistance. Where would Rwanda go from there—and how? Why should the world take note when it turned the other way during the genocide?

Answers lie in the genocide memorial centers and reconciliation villages Rwanda has created to reflect the people and stories behind the stark numbers shared above—the faces that survivors and perpetrators alike knew and the hard truths they lived, the bases for mustering the power of memory necessary to find a way out of violence.

Survivors such as Freddie Mutanguha, CEO, Aegis Trust, and Jesuit priest Rev. Dr. Marcel Uwineza, S.J., capture the country’s current prevailing sentiment from which we all can learn: “To remember is to act so that those criminal activities never happen again. So, to remember is to do justice.”

I seek to do justice by sharing more of what I learned those four days this past July. From survivor care and commemoration to reintegration and reconciliation, my next blog post will take up how memory matters in furthering a hopeful truth that the late South African anti-apartheid activist, politician, and statesman Nelson Mandela once described: “If you can learn to hate, you can be taught to love.”

Continue ReadingMemory Matters—Recalling Rwanda

A closer look at the August partisan primary in the Milwaukee metro

Wisconsin’s 2024 August partisan primary featured no competitive races for statewide office, but it did include many competitive legislative races and two referendums on proposed amendments to the state constitution. Both referendums, which were supported by the GOP and opposed by Democrats, failed. Legislative primaries around the state returned mixed signals about the strength of incumbency, experience, and candidate endorsements.

Statewide, the two almost identical referendum questions lost, with just over 57% of voters casting a “no” ballot for each measure. They failed by a similar margin (about 56% “no”) in the 4-county Milwaukee metro.

Besides the statewide referendums, each voter could also choose the partisan primary of their choice. The incentives to participate in a party’s primary can vary a lot from place to place, as sometimes only one party offers contested races. However, the balance of party participation in the August 2024 primary came fairly close to the balance of support for each party in the last November election.

Support for the ballot referendums trailed Republican primary participation across all three of the Republican-leaning WOW counties. In fact, the referendums actually lost in Ozaukee County by the narrowest of margins; 50.1% of Ozaukee county voters cast a “no” vote, while 53.4% voted in the Republican primary. By comparison, 55% voted for the Republican gubernatorial candidate in November 2022.

The opposite occurred in Milwaukee County, where 75% of voters chose the Democratic primary, but slightly fewer (71% and 72%) voted against the referendums.

In general, these results are consistent with nonpartisan elections. Without the formal cue of partisan affiliation on the ballot itself, votes tend to compress a bit at both ends of the political spectrum.

Partisan primary results in the Milwaukee metro
unofficial, election night returns
countyprimary preferencequestion 1question 2
demrepnoyesnoyes
Milwaukee75.0%24.6%71.2%28.8%72.2%27.8%
Ozaukee46.3%53.4%49.9%50.1%49.9%50.1%
Washington27.4%72.4%35.1%64.9%34.5%65.5%
Waukesha38.5%61.3%43.0%57.0%42.9%57.1%

This map shows how every reporting unit (a ward or combination of wards) voted on the ballot questions. Click the map to view an interactive version with detailed statistics for each area.

This map shows the ongoing breakdown of Republican strength in Waukesha and Ozaukee counties. The WOW counties are no longer a unified block. Multiple wards in Port Washington, Grafton, Mequon, Menomonee Falls, Brookfield, and Waukesha all opposed the GOP-sponsored ballot referendums.

Data note: The reporting units mapped above use the most recent available GIS boundaries, but they still vary slightly from the reporting units used in the August 13 election. Several wards in Wauwatosa have been combined, and City of Milwaukee wards (355 and 356) are not displayed.

Assembly Primaries

Two Milwaukee-area State Assembly primaries also provided insights into the region’s electorate.

The 19th Assembly district is one of the state’s most liberal. The incumbent legislator, Ryan Clancy, is a member of the chamber’s 2-member Democratic Socialists caucus. He drew a more moderate challenger (Jarrod Anderson) with endorsements from several prominent local politicians, including the mayor and county executive. The race featured unusually large spending for an assembly primary–more than $60,000 on each side.

Clancy, the incumbent, won reelection with 55% of the vote, handily winning his home neighborhood of Bay View along with the less wealthy sections of the east side. Anderson won several of the district’s wealthier wards, along the lakefront.

Click the map to open an interactive version with individual ward statistics.

The 24th Assembly district featured a very different primary contest–albeit also one featuring a fringe and more moderate member of the same party. Incumbent legislator Janel Brandtjen was one of the state legislature’s most prominent election deniers following Trump’s 2020 loss. She even received Trump’s personal endorsement for reelection earlier this year. Ultimately, that was not enough for her, as longtime state legislator Dan Knodl handily won with nearly 65% of the vote.

Brandtjen’s official incumbency status is a bit deceiving in this race. Due to redistricting, only slightly more than half the voters remained the same as in her 2022 election. Dan Knodl previously represented the entirety of the new 24th assembly district as a state senator. In this way, Knodl may have benefited from even higher name recognition than Brandtjen.

Brandtjen’s loss despite receiving a Trump endorsement may also reflect the limits of Trump’s appeal in these suburban communities. Previous non-Trump-aligned Republican primary candidates including Rebecca Kleefish, Jennifer Dorow, and Nikki Haley all posted some of their best performances in the WOW county suburbs.

Click the map to open an interactive version with individual ward statistics.

One shouldn’t try to extrapolate too much from an August primary election to a November general. The electorate is smaller and composed more of people who follow politics most closely, and the incentives to participate vary between districts depending on the candidates running. Still, the Milwaukee metro voting patterns on display in August 2024 are consistent with past trends. They point to the WOW counties growing status as one of the state’s key battlegrounds for persuasion–not just turnout.

Continue ReadingA closer look at the August partisan primary in the Milwaukee metro