The Rules of a Royal Romance

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May 18, 2018

I became a tad obsessed with the British crown at an early age. The first biography I read as a kid was about Queen Elizabeth I (her dad makes Meghan Markle’s dad look positively fantastic) and I, like much of the world in the ’80s, fell in love with Princess Di. I had my hair cut like hers, I collected magazines about her, and I still remember where I was when I heard the news about her tragic Paris car crash.

My obsession has cooled as I’ve grown (now I’m just obsessed with The Crown) and so I’ve been following the Meghan Markle/Prince Harry gossip mainly as a distraction from the real-life horrors we face every day. But one particular aspect of the prospective marriage fascinates me, both as a lawyer and as a member of a former British colony: the idea of an American marrying into a family that has so many rules. And not just any rules–rules that they all take very seriously.

On the one hand, the idea of this pecking order and being born into a particular position/status rankles me to no end as an American (and makes me glad we fought the Revolutionary War–although lately the idea of the Queen taking us back is tempting). The sexism in many of the rules also drives me nuts. On the other hand, the absurdist in me adores the adherence to such completely pointless, totally inconsequential rules.

So as we count down Meghan’s final hours and minutes of freedom before being swallowed up by The Firm, let’s look at some of the rules that will impact her and her family for generations to come.

Your Majesty, May I Get Married?

First things first, Meghan and Harry wouldn’t have been able to get married if the Queen hadn’t okayed it. And obtaining her permission (not blessing) was not a foregone conclusion. Just ask the Queen’s sister, Princess Margaret (RIP). She wanted to marry Peter Townsend, a divorced man, and her sister (and later, the government) forbade it because of Peter’s divorce.

Ironically, the Queen wouldn’t even be the monarch today if her uncle had been able to stay on the throne. But he fell in love with a divorced American and had to choose between the throne and her. He chose love. (Cynical note: There are also arguments that Wallis Simpson’s connections to the Nazis had an impact on the choice King Edward VIII was given. Pessimistic note: Can’t believe we’re still dealing with Nazis nearly a century later.) Of course, the Church of England, of which the Queen is the formal head, now accepts divorce (better than the beheadings that its founder, King Henry VIII, tended to rely on).

So that obstacle has been removed, but the Queen still had to give Harry formal permission to wed because he is currently sixth in line for the throne (and was fifth in line for the throne, after Princess Charlotte, when he and Meghan first became engaged). That’s because there is literally a law that states that the first six people in the line of succession to the throne must have the monarch’s permission to wed. Insane, right?! So Prince Charles, Prince William, Kate and William’s three children, and Prince Harry all need the Queen’s permission to wed. The recent birth of Prince Louis, however, means that Prince Andrew (Prince Charles’ younger brother) is now seventh in line to the throne and there’s a decent chance he and Fergie may end up getting remarried now that they no longer need the Queen’s permission.

Call Me By WHOSE Name?

So this next rule is one of the really sexist rules. The way the rules work, only “blood” princesses (has anyone ever discussed adoption?) get to be called Princess X (e.g., Princess Charlotte, Princess Anne, Princess Eugenie). If you marry a prince, you actually take on their name and title. So technically, Kate Middleton isn’t Princess Catherine, she’s Princess William of Wales. Likewise, Meghan will technically be known as Princess Harry of Wales, although the odds are very high that the Queen will bestow upon Harry and Meghan the titles Duke and Duchess of something (possibly Sussex), so she’ll also have that name.

I could go on for a long time because the rules regarding names and titles get very long and elaborate, but I’d probably still get it wrong because the rules are very technical. Suffice it to say, most royals, like our greatest celebrities (Madonna, Beyonce, Cher, Rihanna) don’t need last names but do like really long titles. Prince Phillip, for example, was born with the name, Philip, Prince of Greece, while his current full title is: His Royal Highness Prince Philip, Duke of Edinburgh, Earl of Merioneth and Baron Greenwich, Knight of the Garter, Knight of the Thistle, Order of Merit, Knight Grand Cross of the Order of the British Empire, Companion of the Order of Australia, Companion of The Queen’s Service Order, Privy Counsellor.

To Curtsy or Not To Curtsy

This rule is sexist and petty, and it’s also exhausting to think of how hard this would be to remember at every family outing: it’s the rule for which royals have to curtsy or bow (really, that’s just a head bob) to other royals. And there’s an official order on this, which the Queen updated before Kate married William. It’s called the Order of Precedence and the Queen also updated it when Charles married Camilla, so she may update it again in light of Meghan joining the family.

For purposes of establishing Kate’s rank in the hierarchy, the Order provides that she has to curtsy to the “blood princesses” (like Princess Anne and Princess Eugenie) if she’s by herself. If she’s with William, however, she “adopts” his rank and the blood princesses have to curtsy to her. (Family note: Ugh, I can’t imagine ever having to curtsy to any of my cousins or their spouses, no matter how much I love them!). This Order also impacts the order of arrival at events (just like celebrities at the Oscars!). Presumably, the Order will be adjusted so that Meghan’s situation is similar to Kate’s, although she’ll probably always have to curtsy to Kate (again, uck.).

This rule makes me think of the story Michael J. Fox tells about sitting next to Princess Diana (technically Diana, Princess of Wales) for a screening of “Back to the Future.” Long story short, he had been told he couldn’t stand up unless she did first. Just as the movie started he realized he had to pee but didn’t move the entire movie because he was afraid of breaking that rule!

What About the Kids?

Finally, assuming Harry and Meghan have kids, what titles and ranks will they have? That’s a tougher question. First, the British monarchy still has the sexist rule that titles are inherited through sons, which is part of the reason why some of Queen Elizabeth’s grandchildren are princes and princesses (e.g., Prince Charles’ and Prince Andrews’ children) but Princess Anne’s children are not. The Queen offered to bestow titles upon Anne’s children but she declined. Likewise, the Queen’s youngest son, Prince Edward, decided he did not want his children to have the royal titles to which they were entitled. Harry and Meghan could choose to follow either Andrew’s lead or Edward’s lead with their kids.

On a related note, one slight improvement has been made to the rules of succession in Great Britain. Prior to the birth of Prince George, Parliament passed a Succession to the Crown Act that provided that the female offspring of an heir to the crown would not be passed over for a younger, male sibling. So that means Princess Charlotte does not lose her place in line for the throne to her younger brother, Prince Louis. The Act also softens, but does not totally eliminate, the bias against Roman Catholics. King Henry VIII’s feud with the Catholic Church isn’t dead yet!

So all of this is just a fraction of what Meghan will have to deal with after this weekend’s wedding. She seems like a smart, accomplished woman who knows what she’s doing and it looks like she intends to use her newfound platform for good, which is great. I wish her the best of luck and hope everything goes well for her. And, as a mother and a daughter, I’m sad for Prince Harry that his mother won’t be there this weekend. I’m sad as a lifelong fan of Princess Diana too. Just to show how obsessed I was with Princess Diana, here’s a picture of the magazines that I still can’t let go off even after all of these years. Some of them have even traveled with me from the East Coast to Texas to Wisconsin. She’s the only royal I really care about.

Thank You, Thomas Jefferson

By

Josh Gilliland

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July 4, 2015

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Thomas Jefferson’s Declaration of Independence has defined the soul of the United States. We stand for the individual; we stand for freedom; and most of all, we stand for Independence.

President Jefferson is owed an eternal debt of gratitude for composing the heart of the Revolution into words that have defined us as a country since 1776. Instead of attempting to further define the significance of our Declaration of Independence, I ask anyone reading our blog to simply read Thomas Jefferson’s words out loud:

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

President Jefferson, thank you for your service to country. You set a high bar for America and lawyers.

Thoughts on the 150th Anniversary of the Assassination of President Abraham Lincoln

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Josh Gilliland

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April 14, 2015

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I am haunted by history. 150 years ago, the best chance for reunification after the Civil War died with President Abraham Lincoln in an attempted decapitation strike on the United States. John Wilkes Booth’s conspiracy included other assassins killing Vice President Andrew Johnson and Secretary of State William H. Seward. Both attempts failed.

But the real damage to the United States was done.

Lincoln’s death caused the United States to lose the peace after the Civil War. The South had surrendered five days earlier. Louisiana’s petition to rejoin the Union on very favorable terms set by President Lincoln was rejected by the Congress. Lincoln was set to announce his new plans for Reconstruction on Monday April 17, 1865.

Abraham Lincoln died at the worst possible moment for the country. Vice President Johnson assumed the Presidency while Congress was out of session. Months literally went by with no terms being set on the South, letting those who had committed mass treason to nullify a Presidential Election over their self-proclaimed right to own other human beings to maintain their way of life.

The Civil War cost the United States the lives of enough soldiers to fill eleven Vietnam Memorial Walls. There are single day battles in the Civil War that cost the same number of lives lost in the War on Terror since September 11, 2001. It is difficult to comprehend death in such staggering numbers.

When Congress returned to session, the former states in rebellion sent former Confederate officers to represent them. Some even reported in Confederate Uniforms. The former Confederate Vice President, who was in prison, was elected to the Senate.

Congress refused to seat the traitors. Politics became extremely ugly between President Johnson and Congress leading to Radical Reconstruction after 1866.

If Lincoln had not been murdered, the chain of events that lead to the rise of the Ku Klux Klan, voter suppression, outright terrorism of US citizens, Convict Leasing, and decades of other inhumanities could have been totally avoided. President Lincoln sought malice toward none and generosity for all. John Wilkes Booth derailed the promise of what America could have been after the Civil War with a single bullet.

I am haunted by what might have been. This should never undermine what we can do as one nation. We cannot surrender what has been won, but never forgot what that victory cost our country.

Gerry O'Brien & Theodore Roosevelt, Robot Fighter

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Josh Gilliland

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July 31, 2014

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Gerry O’Brien, a New York political consultant, sat down with me to discuss his book 1901: Theodore Roosevelt, Robot Fighter.

Being a huge fan of Theodore Roosevelt, robots, and United States history, it is very hard not to love 1901 where President Lincoln picked General Benjamin Butler to be his second Vice President and a very different United States exists in the 20th Century.

Gerry walks us through the alternate history in 1901, where women control both the new film industry and finance, Cuba is a state, and President George Armstrong Custer built a transatlantic railroad.

To learn more about 1901: Theodore Roosevelt, Robot Fighter, please visit www.1901robotfighter.com

Judge John Facciola on the Judiciary & Independence Day

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Josh Gilliland

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July 2, 2014

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Magistrate Judge John Facciola is an awe inspiring person. Jessica and I were honored to have the Judge join us for a discussion on Independence Day and the importance of the Judiciary in upholding inalienable rights. We hope you enjoy our 4th of July special podcast with a very remarkable Judge.

Boston Legal

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Jessica_alegalgeek

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May 30, 2014

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I’m in Boston this week for the first time since the 20th Century and am very excited to be back here after so long. After I saw Boston’s most important monument — the statue for the Make Way for Ducklings ducklings — I had a chance to pause and reflect on the city’s great legal and historical significance.

Of course, key moments leading up to the American Revolution happened here: the Boston Massacre, the Boston Tea Party, and the Battle of Bunker Hill. Many great early American leaders also hail from Boston, including John Hancock and Abigail Adams. Abigail’s husband was not only the second President of the United States but also a lawyer. As a lawyer he believed so strongly in the right to counsel that he provided a successful legal defense to the British soldiers who were accused in the Boston Massacre. He also nominated, years later, the great John Marshall to be the Chief Justice of the United States Supreme Court, a key nomination that shaped the future of the judicial branch of the federal government.

On a lighter — and more contemporary — note, Boston also ties together my love of the law, geek stuff, and Hollywood. Boston Legal, of course, provided the original Captain Kirk with his other iconic role, as the lawyer Denny Crane (I refuse to acknowledge that cop show). And, just yesterday, one of my girl crushes, Mindy Kaling, gave the commencement speech at Harvard Law. In fact, I think she’s still in Boston so maybe I can bump into her! Time to stop blogging!

But first…if you’re ever in Boston, you really need to see the ducklings. And even if you don’t have kids, read the book. It’s cute and the illustrations are adorable.

Why I Always Visit the Lincoln Memorial

By

Josh Gilliland

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February 12, 2014

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Funny thing about me: I will always visit the Lincoln Memorial when I am in Washington, D.C. I have gone in the good weather, in pouring rain, freezing snow and at midnight.

I always go.

Even at midnight on a cold night, people are there paying their respects to President Abraham Lincoln.

Why? Why does Lincoln matter?

Some Americans might find inspiration in President Lincoln’s Second Inaugural Address; others may find themselves standing taller when they hear the Gettysburg Address.

I say it is far more. Lincoln represented the best of public service. From his days as a young attorney, to the Illinois Assembly, to his one term in Congress, Lincoln stood for principles of the Declaration of Independence.

Congressman Lincoln lived at the same boarding house as former President turned Congressman John Quincy Adams; Lincoln’s roommate was the fiery Joshua R Giddings. God knows what the dinner time conversation was like over the future of America.

And still there is more.

Abraham Lincoln had to navigate the politics within the very young Republican party, keep an eye on potential challengers, and fight the bloodiest war in US History to hold the country together.

It would take eleven Vietnam Memorial Walls to include the names of every American who died in the Civil War. That is approximately 5,429 feet of names.

That does not include those whose lives would be defined by empty sleeves and lifeless eyes for the rest of the 19th Century.

One only needs to look at the photos of Lincoln after he was elected in 1860 and the photos in March of 1865 to see how President Lincoln wore the weight of those lost.

When the President said, “With malice towards none and generosity for all,” it was not political rhetoric; he truly meant it.

Yet after the horror of Civil War, President Lincoln looked to the future with a Reconstruction plan that was to be announced on April 17, 1865.

I wish to God he had lived to see that day.

Abraham Lincoln continues to be honored 205 years after his birth because he represented the best of us. Our potential as a country. He had his flaws, fought depression and self-doubt. But in the end, Lincoln was a man who studied law and heard the cry of public service when our country needed a hero. Abraham Lincoln fought, and died, upholding Jefferson’s truth that all men are created equal.

And that is why I feel honor bound to visit the Lincoln Memorial when I visit Washington, D.C.

I also always feel morally obligated to see Great Moments with Mr. Lincoln when I am at Disneyland, but that is another story.