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Our Wizard Behind The Equality Curtain

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Unless you have been living under a rock for the last 7 months, you undoubtedly have seen the lawsuits and court cases to advance equality that have sprung up throughout the United States. One by one, states are coming in on the right side of history and accepting all families, allowing them to join their love together in legally recognized marriage.

What you may not have seen, or what tends to get overlooked, is the magic that happens behind the equality curtain and the names of those who are working to make these cases successful. From drafting complaints to the never ending responses and appeals, there are many long hours that are given to advance equality in the courts. There is a whole list of people shepherding these cases down the road to equality. Lawyers who work without pay, keeping long hours, away from family, giving up their personal time, pushed to the limit. One such lawyer is Scott J. Spivey. (Photo above)

Scott is a local New Orleans lawyer who was born in Orlando. Scott moved to Alexandria in 1976, and graduate from Alexandria Senior High where he was a nationally ranked swimmer. He was offered scholarships by both Tulane and Dartmouth and appointments to all of the service academies except West Point, (They said that he was not physically fit because he couldn’t do the long jump.) He accepted the appointment to the US Coast Guard Academy in 1985, and graduated in 1990. He was commissioned as an ensign  in the Coast Guard and served on board the USCG Cutter BEAR WMEC 901.

In June 1992, Scott transferred to Coast Guard Command District 8, here in New Orleans.  In August of the next year, he began law school at Loyola Law School in the evening program, while serving as detachable law enforcement duty officer and on-call law enforcement duty officer with Operations . In January 1996, he resigned his commission and began clerking with local law firms and practicing criminal law as a law student under the now Judge Darryl Derbigny.  He graduated December 1996 and was licensed in 1997.

Scott practices multiple areas of law, including general civil practice with concentrations in business, commercial and real property transactions and litigation, contract preparation, business formation and dissolutions; federal and state workers’ compensation; property tax and business personal property tax appeals and sales; family business planning and litigation, wills and successions; immigration and customs enforcement defense; and traffic and criminal defense.

In July 2012, when my husband and I were contemplating the idea of suing the state of Louisiana to have our legal marriage recognized by the state, we didn’t know at the time that Scott would take on this fight singlehandedly. After putting out feelers to several lawyers, we got a response back. It was from our friend Scott, informing us that not only would he gladly take on our case, but much to our surprise, take it on PRO BONO.

There is much to be said about Scott, and still it would not be enough. Whether you needed a will, someone to represent you in court, or any other area that he can help in, Scott has always helped the LGBT community.

As Scott told us:

“I resigned my commission and became a lawyer because I wanted to advocate for those in need.  I wanted to provide the last line of defense to an individual’s rights and freedoms.  That can only be found in a court of law or with zealous legal advocacy.”

So it came as no surprise that he would risk his neck and reputation for our cause. (At the time, we were getting a lot of pushback from different organizations and public opinion, saying that it wasn’t the right time here in Louisiana to attempt this.)

Just this week, our original complaint and motion to amend was denied, forcing us to re-file a new case, naming as defendants those the judge considers are the “proper parties”. When this happened, two days earlier than expected, Scott did not waiver in his dedication, nor did he flinch at the court’s decision. He woke up the next morning and filed the appeal for the original motion to amend, then immediately filed a new complaint with the “correct” defendants, adding more work to his already full plate.

We, as Scott’s friends and plaintiffs, are grateful for the work that he is doing. Not just anyone would take on this colossal work load without anything in return. The payoff he sees in the distance goes far beyond money. It is the betterment of the LGBT community that he considers as his reward, someday being able to marry his partner legally.

Most of the praise that gets dished out by the media in these cases, talks about the brave and heroic plaintiffs who expose themselves to the world. But in my opinion, the praise should also fall upon the lawyers and their families, who endure just as much exposure.

I cannot begin to tell you how proud I am of what Scott is doing for us. He has reached out to several more organizations, and we are proud to say, is on the cusp of joining us with resources for our case. With the trend that is being set in red states like Utah and Oklahoma, Louisiana doesn’t seem like that far of a stretch for marriage equality any longer and people are taking notice. Finally we are starting to see support from some of the bigger guns in our nationwide community.

Our cases have a long way to go, and we know that Scott will work hard all the way to what we hope will be a victory for all families here in Louisiana. We knew when we started the journey, that it would not be a smoothly paved nor a short path; we will see it to the end

If you would like to follow our cases you can like us on Facebook and visit our website.

We appreciate your support and vow to continue our fight no matter where or how long it takes us!

 

Photo via Facebook

Catch up on Derek’s previous posts on his lawsuit against the State of Louisiana:

The Benefits Of Marriage
Robicheaux vs. Caldwell – Why We Are Suing To Be Married In Louisiana
A Blanchard Family Christmas

 

derek penton Derek Penton, 35, is a native of Mississippi and a longtime resident of New Orleans.  He holds degrees in computer information systems and paramedicine.  After more than five years together, Penton and his husband, Jonathan Robicheaux, were legally married in Iowa on Sept. 23, 2012.

 

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“We’ve been very honest in our assessment of the situation from the beginning,” Jeffries on Friday also declared. “At the appropriate time as House Democrats, we will have a conversation about how to deal with any hypothetical motion to vacate.”

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