Brandeis grads reflect on their involvement in landmark marriage case

The champagne bottles are empty, the confetti has been swept up and five Brandeis School of Law alums are back to work following their triumphant efforts in getting same-sex marriage legalized in the Commonwealth of Kentucky and, by nature of their case, nationwide.

The last check in with Brandeis graduates Laura Landenwich (‘07), Dan Canon (‘07), Joe Dunman (‘12), Shannon Fauver (‘03) and Dawn Elliott (’07) provided a glimpse into their journey preparing for their chance to win one of the most anticipated civil rights cases in U.S. Supreme Court history.

That journey began with Elliott and Fauver, of Fauver Law Office, who were recruited by a couple fighting for same-sex marriage rights in the state.  With the issue moving at an accelerated pace nationwide and two additional couples joining the suit, the two attorneys recruited fellow Brandeis graduates Canon, Dunman and Landenwich (all from Clay Daniel Walton Adams, PLC) to help out. The five attorneys were fighting two battles: legal marriage in Kentucky and out-of-state legal marriage recognition in Kentucky.

They represented the couples through the court system and up through the Sixth Circuit, which ruled in November of 2014; a ruling which halted the momentum of same-sex marriage throughout the country and sent the issue to the Supreme Court.

When the Supreme Court’s ruling was handed down on Friday, June 26, Canon said he and his colleagues “found out just like everyone else did.” They were watching the SCOTUS Blog together in the firm’s conference room.

“The first thing that came up on the blog was the word ‘marriage,’ so we knew the decision was coming in that day,” he said.

Seconds later, the ruling in favor of same-sex marriage became clear. The attorneys briefly rejoiced and then rushed to their offices to read the opinions separately.

“We were excited, but we had a press conference later that morning that we had to prepare for. The press was on the way. Our initial celebration was brief,” Canon said.

Following the press conference, all five attorneys headed to the Jefferson County Clerk’s Office to witness the first legal same-sex marriages in the state.

“It was like an impromptu pride parade. Everyone was cheering for us, the Mayor gave us champagne. It was a bonus round for us to see our clients being issued the first license,” Landenwich said.

Elliott added that the clerk’s office was her favorite part of the ruling.

“You rarely get such an opportunity to see the fruits of your labor. To watch these couples get married and know you had a hand in it – no words can describe that. It’s out of this world,” she said.

The five attorneys mostly worked pro bono on the case. Canon estimated that he and his Clay Daniel Walton Adams colleagues “easily” spent 2,000 working without pay. The Louisville community, however, has since rallied behind them, even creating a GoFundMe account for the attorneys to “buy them a beer,” which they used for a #LoveWins party Aug. 11 at Marketplace restaurant downtown. The party was attended by Mayor Greg Fischer, Brandeis professors and students who helped the attorneys with their research for the case, the Kentucky plaintiffs, Mary Bonauto, the New York attorney who argued the plaintiffs’ case in front of the Supreme Court, and hundreds of others.

“The community support has been overwhelming, including the Law School and the Louisville Bar,” Canon said.

Not to rest on their laurels, the attorneys continue to fight this specific fight, acting as cooperating attorneys for the ACLU of Kentucky against Rowan County clerk Kim Davis, who is refusing to issue same-sex marriage licenses in her jurisdiction. Davis is citing her religious beliefs as protection. A federal judge heard arguments for this case on July 13.

“Mrs. Davis has simply refused to do her job, and our clients aren't targeting anybody or anything, certainly not anybody's religious beliefs,” Canon said during a press conference.

Attorneys are expecting an official decision on the case in mid-August.

Additionally, Elliott has since launched a campaign for Jefferson County District Court Judge.