Bush vs. Gore rivals challenge Prop. 8 in federal court

Two prominent attorneys who argued on opposite sides of Bush vs. Gore, the legal battle over the 2000 presidential election, announced Tuesday that they will challenge Proposition 8 in federal court and seek to restore gay marriage until the case is decided.

Former U.S. Solicitor General Theodore B. Olson and David Boies, who represented then-Vice President Al Gore in the contested election, have joined forces to tackle the same-sex marriage issue, which has deeply divided Californians and left 18,000 gay couples married last year in legal isolation.

In a project of the American Foundation for Equal Rights, Olson and Boies have united to represent two same-sex couples filing suit after being denied marriage licenses because of Proposition 8.

Their suit, to be filed in U.S. District Court in California, calls for an injunction against the proposition, allowing immediate reinstatement of marriage rights for same-sex couples.

The California Supreme Court ruled in May 2008 that state law prohibiting same-sex marriage was unconstitutional under the privacy, due process and equal protection guarantees of the California Constitution.

But in November, voters passed Proposition 8, which amended the state Constitution to restrict marriage to between a man and a woman. The high court upheld the voter initiative in a 6-1 ruling today, with  Justice Carlos Moreno dissenting.

Legal scholars have observed that proponents of gay marriage have avoided taking the issue to federal court so far because of the dominance of conservative judges and justices on the federal bench after the eight-year tenure of President George W. Bush.

The U.S. Supreme Court has what usually results in a 5-4 majority against extending rights to gays by recognizing sexual orientation as a vulnerable class of citizens in need of protection.

And all but one of the 13 federal appeals circuits has a reliable conservative majority. Even the exception, the San Francisco-based U.S. 9th Circuit Court of Appeals, experienced a curtailing of its liberal orientation with Bush’s seven appointments.

-- Carol J. Williams

Comments

[anonymous]

hmmm... reading comprehension seems to be at an all time low for supporters of Prop 8. This article is about the collaboration (uh-oh, big word?...means - work together) of two rivals in one case that have come together to OVERTURN PROP 8 - which is interesting mostly for the attorney that represented the interests of George Bush, since George Bush has made no qualms of expressing his desire to maintain the definition of marriage as that being between a man and a woman.

The idea of Natural Law governing the argument for a position against Marriage between Homosexuals. If "Natural Law" is the basis for our beloved Declaration of Independence and Constitution...then I suppose the Enslavement of Man is also part of "Natural Law" since the Constitution provides for Slavery.

So - Jerseyman...given your logic - does that mean that you are a proponent of the re-enslavement of men and women?

It is my hope that Olson and Boies are successful in thier endeavor and that homosexual citizens are able to take advantage of the same tax breaks that heterosexual citizens enjoy...not to mention the angst of divorce...

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