Lambda Legal Defense and Education Fund
From 1989 until 2001 Wolfson worked full-time at Lambda Legal Defense and Education Fund, a gay rights advocacy non-profit. He directed their Marriage Project and coordinated the National Freedom to Marry Coalition, the forerunner to Freedom to Marry. Wolfson co-wrote an amicus brief in Baehr v. Miike, in which the Supreme Court of Hawaii said prohibiting same-sex marriage in the state constituted discrimination, and worked on Baker v. Vermont, the Vermont Supreme Court case that led to the creation of civil unions in Vermont by the state legislature as a compromise between Wolfson's group and those objecting to same-sex marriage. Wolfson called the unions a "wonderful step forward," but not enough.
Wolfson appeared before the United States Supreme Court on April 26, 2000, to argue on behalf of Scoutmaster James Dale in the landmark case Boy Scouts of America v. Dale, in which the Court ruled that the Boy Scouts organization had the right to expel Dale for revealing that he was gay through their First Amendment rights. The justices questioned Wolfson "aggressively." The Court ruled 5-4 against Dale, but Wolfson, said, "Even before we change the policy, we are succeeding in getting people to rethink how they feel about gay people." Dale said of Wolfson: "Evan understood the importance of the organization to me, and the importance of an American institution like the Boy Scouts discriminating against somebody and how that could impact the public dialogue and conversation."
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