Trial Magazine

Trial lawyers and their clients have played an invaluable role in safeguarding civil rights throughout history. The arc of progress is shaped by the tireless efforts of those who have dedicated their lives to protecting the rights of the marginalized and advocating for justice.

Civil rights stand at the very core of our democratic society, reflecting the fundamental belief that every person—regardless of race, gender, ethnicity, or religion—deserves equal protection under the law. But, throughout our nation’s history, civil rights have been hard-fought and hard-won. From the abolition of slavery to the struggles for suffrage and desegregation, countless heroes have emerged, armed with the power of the law and an unwavering commitment to justice.

Throughout this journey, trial lawyers and their clients have been critical to much of that change, fearlessly championing those rights. Our profession has been instrumental in landmark cases that have challenged discriminatory practices, shattered barriers, and forged new paths toward equality. From Brown v. Board of Education to Bostock v. Clayton County, trial lawyers have stood shoulder to shoulder with the oppressed, ensuring that their voices are heard and their rights are protected.

AAJ and its members have fought to end police misconduct, and we’ve advocated for labor rights, gender equality, LGBTQ+ rights, disability rights, fair housing, and so much more. Our commitment to civil rights extends beyond the courtroom. Trial lawyers and AAJ have been at the forefront of legislative initiatives, advocating for the passage of crucial laws that have changed the course of history, such as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Our collective voice has been instrumental in shaping public policy and driving reforms.

As we reflect on our past, it is necessary to acknowledge the challenges that lie ahead. In June, for example, the U.S. Supreme Court dealt a blow to LGBTQ+ rights and anti-discrimination laws when it ruled that a website designer could rely on the First Amendment to refuse to make a wedding website for a same-sex couple—effectively allowing businesses that serve the public to discriminate against protected classes of people under the guise of free speech. And the Court signaled a setback for diverse student bodies in higher education by striking down affirmative action policies. The struggle for civil rights is far from over, and the road ahead will be arduous. However, we must forge ahead, undeterred and resolute in our pursuit of justice.

AAJ provides opportunities for members to share and expand their knowledge through the Civil Rights Section and the Police Misconduct Litigation Group. Other AAJ groups, including the LGBT Caucus and Minority Caucus, also provide resources and networking opportunities for trial attorneys taking on civil rights violations. Join AAJ Education and the National College of Advocacy in Houston on Oct. 20 for their annual complimentary CLE program focused entirely on civil rights litigation. (For more information and to register, visit https://www.justice.org/resources/events/2023-civil-rights-litigation-seminar.)

And in this month’s issue of Trial, read about proposed police reforms (p. 18); handling excessive force cases (p. 24); remedies for federal government civil rights violations (p. 40); and steps to take with defendants’ insurers in civil rights claims (p. 34).

We must continue to champion the cause of civil rights, listening to and amplifying the voices of the oppressed and marginalized, dismantling oppressive systems, and striving for a society that truly lives up to its promise of equality. Together, we can shape a future in which civil rights are not just ideals but lived experiences because, in the words of Martin Luther King Jr., “the arc of the moral universe is long but it bends toward justice.”

Sean C. Domnick is a founder and shareholder of Domnick Cunningham & Yaffa in Palm Beach Gardens, Fla., and can be reached at sean.domnick@justice.org.