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Character Development in State Same-Sex Marriage Cases

Thu, September 30, 8:00 to 9:30am PDT (8:00 to 9:30am PDT), TBA

Abstract

Storytelling is an important part of legal advocacy. This is clearly true with trial work, but also applies at the appellate level. The Applied Legal Storytelling literature demonstrates the importance of linking legal argument with narrative to present a compelling case before appellate judges. This paper builds on that literature by looking at one aspect of storytelling: character development. In it, I examine the ways that advocates characterized the plaintiffs seeking the right to marry a partner of the same-sex. Careful characterization of the client is an essential step in storytelling. I look at the briefs field in each of the state level marriage equality cases to determine if similarities and differences exist, and if so, how those relate to case outcomes.

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