電影《法律女王》影評:她為我們開啟了一個時代 This is the beginning
法律女王影評雖然有演繹的成份,但是Ruth在法庭上這段論述太給力了,看哭我。
Radical social change!
When I was in law school, there was no women’s bathroom, It is amazing to me now that we never complained. Not because we were timid, we were just astounded to be in law school at all.
據自己的例子說明社會其實一直在進步。以前有多落後你們都無法想象。現在我們有多落後,未來的人肯定也無法想象。
A hundred years ago, Myra Bradwell wanted to be a lawyer. She had fulfilled the requirements for the lllinois bar but she was not allowed to P-ractice because she was a woman. An injustice she asked the Supreme Court to correct. Lllinon’s was to confident of victory, they did not even send a lawyer to argue their side. They were right, she lost. That was the first time someone went to court to challenge his or her prescribed gender role. A hundred years ago.
Radical social change.
65years ago, when women in Oregon wanted to work overtime and make more money as men could, the court looked to the precedent in Bradwell and said no. So then there were two precedents. Then three, then four, and so on. And you can draw a direct line from Myra Bradwell to Gwendolyn Hoyt, told then 10 years ago, she was not entitled to a jury of her peers. That is the legacy the government asks you to uphold today. You are being urged to protect the culture and traditions and morality of an America that no longer exists.
A generation ago, my students would have been arrested for indecency for wearing the clothes that they do. Years ago I would not have the right to stand before you. There are 178 laws that differentiate on the basis of sex . Count them. The government did the favor of compiling them for you and while you are at it. I urge you to read them. They are abstacles to our children’s aspirations.
反駁對方律師關於現狀是天經地義的,不是,它是一個個錯誤累積的。
You are asking us to overturn a century of precedent?
I am asking you to set a new precedent as courts have done before when the law is outdated.
淡定,法官,我不是讓你顛覆歷史,你也太不自量力了,我是讓你創造一個新的因為法律已經過時了。
But in those cases, the courts had a clear constitutional handle. The world women dose not appear even in the US Constitution.
Not does the word freedom, your honor.
Go on.....
Professor Ginsburg.
The principal purpose of Section 214 is not to protect women not to discriminate against men. It is to provide caregivers the opportunity to work out side the home. Therefore as the Supreme Court did in Levy V Louisiana, this court should fix the law most in line with the legislate intent. Extend the deduction to never married men. Help all caregivers equally.
重申此案所設法條的目的
Charles Moritz was well-raised to be the sort of man we should all hope our sons will become Charlie deserves our admiration.
Not only was he taken on the burden of caring for his very strong willed mother, when no one would expect it of him but in doing so, he has surpassed the limitations the rest of us and our laws seek to force upon him.
針對對方律師對當事人的人格羞辱回應
We are not asking you to change the country, that is already happened without any courts’ permission. We are asking you to protect the right of the country to change.
我們只是讓你們守護這個國家前進的權利。
Our sons and daughters are barred by law from opportunities based on assumptions about their abilities. How will they never disprove these assumptions if laws like Section 214 are allowed to stand?
We all must take these laws on, one by one, for as long as it takes, for their sakes, you have the power to set the precedent,that will get us started.
You can right this wrong.
我們不能任這種狀況進行下去, 我們要為下一代創造一個更好的未來。修正錯誤。
We rest our case on our briefs and argument and ask that you reverse the tax court’s decision.
重申訴求完畢。
還有感動的點,就是電影裡,Marty 得了癌症存活率只有5%, Ruth 「we are never giving up. Keep working. Keep studying. Jane will have her father. And you will be a lawyer. I m spending my life with you, Martin Ginsberg 」
現在我自己疫情被困在國外, 每天憂心忡忡無心學習,整個生活步調都有被打亂的感覺,真的應該向Ruth學習, 就算要死了,我們也要保持原本的生活節奏,一切都會挺過去。
這個女人真的內心太強大了。又充滿鬥志與智慧。
還有Marty在安慰女兒的時候說:
「Grandma Celia died when Mom was about your age. But right up to her dying breath, they would read together, and debate ideas, and she d make mom question everything. Jane Mom isn’t bullying you. She doesn’t want you to feel small. She wants to share what her mother taught her. That s how she shows her heart.」
1993年RBG成為大法官之一,那一年我出生。
感謝你, 為我輩開創了一個新時代。