Kay, Dissent (Notorious)
by Peter B. Kay
On the evening of September 18, 2020, the Spartanburg Philharmonic gave an extraordinary performance of Beethoven’s third symphony… to a completely empty hall. With a global pandemic still raging, the doors of Twichell Auditorium remained closed to the public. It was a new and strange feeling for all of us, on and off the stage, but one moment in particular left a lasting impression on me.
As I and other staff members sat backstage listening to the orchestra record an impassioned rendition of the second movement, the Marcia funebre, our phones began to light up with breaking news: Ruth Bader Ginsburg had succumbed to cancer.
There we were, less than six weeks away from a highly contentious national election, gripped in the midst of a pandemic with no end in sight, torn from any sense of “normal,” and with an ever-growing sense of uncertainty and even dread. And there we were, unwittingly performing a Funeral March from the Heroic symphony for this iconic Champion of Hope. It took time for me to appreciate the full emotional impact of that confluence of events, but it was this feeling that inspired Dissent.
Ruth Bader Ginsburg (RBG) was only the second woman on the U.S. Supreme Court in our nation’s history, serving from 1993-2020, and was well noted for her ardent dissenting opinions. A staunch advocate for Equal Rights, RBG fought tirelessly for fair treatment, regardless of gender, race, or income level. Though part of the court’s liberal wing, she enjoyed a close friendship with conservative Justice Antonin Scalia, with whom she shared a passion for opera.
It is likely this side of RBG that made her passing so much more poignant to me. In any other year, she just might have been sitting in the audience enjoying our concert. In fact – had music been her calling instead of law – she just might have attended Converse College, playing in the orchestra under the direction of Henry Janiec. As a young woman, RBG played the cello and the piano, and her passion for the arts never waned. Later in life, she even had honorary walk-on roles and speaking parts in productions by the Washington National Opera.
“Ginsburg reportedly took a liking to her nickname “Notorious RBG” which she received after her dissent in a landmark case in 2013. If you don’t know, the moniker was based on the stage name of the 90s rapper Christopher Latore Wallace, who was known as “The Notorious B.I.G.” Both Ginsburg and Wallace were vocal opponents of oppressive systems, talented, and witty writers, and Brooklyn natives.”
In writing Dissent, I returned again and again to Beethoven’s Marcia funebre. Although Dissent is does not directly quote Beethoven’s work, I drew inspiration from several important elements. For example, in his piece, whenever a melody moves upward, some aspect of the harmony moves downward. Whenever a melody moves downward, the harmony moves upward. This kind of counterpoint is not unique to Beethoven by any means, but the extent and effectiveness of his contrapuntal writing in this particular movement is breathtakingly brilliant. Furthermore, the sheer prevalence of contrasting motion makes the few moments of unity that much more emotionally striking.
As a final note, I also took a little, tongue-in-cheek inspiration from the legal scholar Cass Sunstein’s description of RBG as a “rational minimalist,” who sought to always build on precedent.
See a performance
Hear Another Composition By Peter B. Kay
Peter B. Kay is the General Manager and Composer in Residence for the Spartanburg Philharmonic as well as an educator in the community.