PRO BONO WORK
“Perhaps most upsetting about Erwin’s case,”
says Cahn, was that “the prosecuting commit- tee’s suggested remedy was that he be given a choice: Either have his ordination taken away, or divorce his husband. I think that’s perhaps the fi rst instance of a church body trying to coerce someone to divorce their legally married spouse. T is will become a more poignant and pressing issue for ministers whose churches are in states where valid same-sex marriages are recognized by the state.” A Presbyterian minster’s son, Cahn grew up
in the church. After he came out in his 20s, he encountered some discrimination from the church hierarchy and members, and left for a while. When he rejoined as a Harvard-educated lawyer, he was eager to work on behalf of gays and lesbians. Subsequently, he off ered his services to Covenant Network. “T ere aren’t a whole lot of lawyers available who are knowledgeable in the polity (governance of the church) and are willing to work pro bono. T ese cases can take up a considerable amount of time, and that’s not a problem for me. In fact, Kilpatrick requires partners to do at least 30 hours of pro bono work each year. We even have a partner-level attorney whose sole responsibility is to handle pro bono cases. Clearly, I’ve been an obvious resource for the ministers to call upon.” For a lot of people, the presbytery court may
seem a quaint place to advocate for equality, says Cahn, but a lot of secular LGBT organizations have come to realize that they are in part losing political ground on issues of gay marriage because many religious groups and churches are organized and united against gay marriage. And while not everyone who argues in these courts is an attorney, it certainly helps to have litigation experience,
explains Cahn. Presbyterian ecclesi- astical procedures are familiar to litigators: T ere are rules of evidence and limited discovery, and ultimately, there is a trial with witnesses who are prepared and examined, and evidence is admitted. Cases are decided by a standing com- mittee of six or eight Presbyterians called the Permanent Judicial Commission (PJC). Prior to 2002, Cahn’s pro bono eff orts were
TIMOTHY CAHN
centered on immigration cases, but since then he has concentrated primarily on ecclesiastical cases surrounding three questions: Can gays and lesbians be ordained Presbyterian ministers? Can ministers perform marriages for same-sex couples? Can ministers themselves marry their own same- sex partner? “Attorneys who are committed to pro bono often fi nd they develop a niche practice. As with all legal work, once you gain expertise in an area, it becomes a little easier the next time.” Cahn likes to take on one big pro bono case
each year. And though he is willing to defend more Presbyterian ministers in the future, Cahn says he is hoping “for a day when these kinds of cases are no longer necessary, a time when churches have fi nally fully recognized their LGBT ministers and members as equal human beings.” D&B
Patrick Folliard is a freelance writer based in Silver Spring, MD.
“I’VE BEEN AN OBVIOUS RESOURCE FOR MINISTERS TO CALL UPON.” - TIMOTHY CAHN
MCCA.COM MARCH/APRIL 2012 DIVERSITY & THE BAR® 31
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