Subscribe to Breaking NewsLowenstein: Judge orders speedy ruling on Prop 8 case
When Ted Olson and David Boies filed federal suit against Proposition 8 on behalf of their clients, the case was newsworthy for two main reasons. The two lawyers at the helm famously opposed each other in Bush v. Gore, and most of the national LGBT organizations were quick to distance themselves from the case. In fact, the Human Rights Campaign, the National Gay and Lesbian Task Force, the Gay and Lesbian Alliance Against Defamantion, Gay and Lesbian Advocates and Defenders, the National Center for Lesbian Rights, the Equality Federation, Freedom to Marry, and even the American Civil Liberties joined together to urge couples to “Make Change, Not Lawsuits,” discouraging, in particular, the case Olson and Boies were bringing.
The case did not make news because people assumed it would bring about the end of Proposition 8.
No one is saying yet that the case will be successful, but based on an action made today by the judge hearing the case, he’s at least convinced this case has serious implication.
The plaintiffs, represented by Olson and Boies were seeking an injunction on Proposition 8– which would, in effect, allow same-sex marriages to begin again immediately in California– but Judge Walker instead ordered that all parties move forward as quickly as possible toward primary resolution, rather than proceeding with arguments on injunction. “Given that serious questions are raised in these proceedings…” the Judge said, “the court is inclined to proceed directly and expeditiously to the merits of plaintiffs’ claims.”
While it is encouraging that Judge Walker intends to move quickly on this issue, it is important to remember that even a positive verdict from the District Court is not the final say on the issue. Any decision could, and likely would, be appealed to the 9th Circuit Court of Appeals. A positive result in Appellate Court could, and would, be contested to the U.S. Supreme Court.
This case is a long way from resolution, but it is encouraging to hear the Judge acknowledge the real and serious impact of Proposition 8 on Californians.
Hopefully, this will work. I think the people at the American Foundation for Equal Rights believe this is a reasonable way to move this issue forward.
I disagree with the notion that gays and lesbians have to wait (and wait and wait) until we can win over the hearts of all Americans before we are treated as equals. Isn’t that the message we get from our “supporters”? We invest so much of our time and give millions of our dollars to various politicians and groups that move our issues forward at a (slow) snail’s pace. We take a step or two forward and at least one step back. We do not have many good options available to us.
I think this is the right path. This needs to go to the Supreme Court and finally end all of this. Slowly going state by state isn’t working. We need the federal government to get their head out of their asses and finally recognize us.
Let’s not forget that it was the Supreme Court’s decision to allow inter-racial marriage. If they use that shit excuse that marriage is the states decision then we can point to that ruling. I fully support this going all the way to the Supreme Court. All the organizations saying that this isn’t the right path are simply stupid. This is surely the right path. We are being denied rights that only the federal government can give us and since the president doesn’t seem likely to grant those rights any time soon then lets go to a different branch of the government. At least then we have a chance.
It is no wonder that 40 years after Stonewall we have seen little progress towards real and full equality. The LGBT leadership, like the Democrats, have taken our money for years and done little to advance full equality and apparently from a lot of posts have done a good job convincing the GLBT community that “doing nothing is the way to go”. I am so tired of us just sitting back and expecting our full rights and citizenship to just be given to us without a fight. Bud and Tara are right – we have to attack at all fronts. If we lose a battle it doesn’t mean we lose the war, we keep attacking on all fronts. While I am not a big fan of the current supreme court, there are so many violations of the US Constitution under the current laws that just scream injustice. Many of the conservatives on the court claim to be Constitutionalists so this case will either prove they are that (which works in our favor) or will show that they are hypocrites (in which case we keep fighting until we win). But to sit back and continue to do nothing except to write checks to those who do nothing is no longer an option. The time is now to demand our full equality!!!!
To those who think this is a train wreck obviously do not know history very well. Throughtout history equal rights are fought not only through legislation but also through the courts. It is a two prond attack that must be carried out to rely on one or the other things fall through the cracks like how Prop 8 got pass.
Second those that say this will throw back gay rights, maybe or maybe not. After all it was the US Supreme Court that ruled for civil rights and throwing out all the Jim Crow laws. If they don’t rule in favor all this does is get more people participating to overturn and revise the ruling. That is not a waste of time.
Third to the person who complains that Obama is not doing enough to help the LBGT community. You do realize that before yesterdays ruling, any law to revoke DOMA or DTADT would have entered in filibuster area? That means with all likelyhood that both proposed changes could failed which means you and everyone would be stuck right where they are now. With the ruling Obama can make the changes and pass the laws knowing he will win. Next he has been in office less than six months, his priority was not on LBGT issues, but on trying to reverse the damage that 8 years of Bush and 12 years of Republican Senate and Congress has done. These issues affect both Gay and Straight families and had to be taken care of firt. Now he has the idiot over in North Korea aming nukes at China and Japan which could result in WWIII. Yes issues about GLBT are important but there are issues going on right now that not only affect us but the whole of the US. You throwing a temper fit like a three year old because you don’t get your own way is not the way to go about it.
The way to go about it is making sure that when bills are introduced that you contact your state senators and congress members to make sure they vote for those bills. To get out there and get the average working person to know what is going on and how some of these DOMA effect them including common-law spouses. Pissing off the straight person that could be an ally by having a hissy fit will not help.
No surprise that the big GLBT organizations want the suit dropped. It wasn’t THEIR idea. They are as self serving as the Dems. Screw the local GLBT community but sdend money to the nat’l headquaters.
I agree with Michael… even the Roberts court should have a hard time bending equal protection rights to uphold prop 8. Especially since 18000 of us have rights that the rest don’t. How can you get around that? I say bring them on! Get this train moving.
It will be several years by the time it reaches the Supreme Court anyway. By then hopefully we’ll have another 5 states allowing gay marriage and maybe a couple more liberal leaning justices… who knows?!
As my momma used to say… If you don’t try, you’ll never know.
I think Ted Olson was keen to take up this cause because he knows full well that it will make it all the way to the Supreme Court, where the gay community will be ruled against, and he’s counting on that. He wants a Supreme Court ruling against us, because it’ll be nearly impossible to undo.
I believe he’s a wolf in sheep’s clothing in this case.
The “train is now moving and it’s left the station so to speak and it can’t be stopped now.” The Judge is moving the case forward. All we can do at this point is hope for the best.
This is the best first step among many missteps related to prop 8. For the naysayers who are dismissing this as a waste of time: You’re wrong. The legal issues here that will eventually find their way up to the supreme court will not be generic ones of ‘can gays marry’ but instead will be those based upon an equal protection under the law argument. And since gays and lesbians are already a suspect class who are afforded the most rigorous scrutiny under CA law (which the supreme court would have to acknowledge in their argument whether they liked it or not!) anything that comes before the SCOTUS would have to focus on the rights of minorities and referenda. Even the roberts court would have a hard time bending equal protection to ‘fit’ the prop 8 scenario. I think it’s brilliant. At the very least, we’ll get our dred scott decision, can work on overturning that and gain full equal protection under federal law. This state by state approach is great for building momentum but not for finishing the job…
A brilliant lawyer, Lawrence Tribe, argued the first sodomy case before the US Supreme Court in Bowers v. Hardwick, 478 U.S. 186 (1986) — he lost. Seventeen years later a similar case (Lawrence v. Texas 539 U.S. 558 (2003)) was heard and a new court reversed “Hardwick” and then chastised the former court’s reasoning concerning the legal opinions expressed to uphold the sodomy laws in the former case.
I don’t know how this marriage equality case will turn out, but “precedents” are made to be broken as many new ones are created in the course of time. So I wouldn’t too fearful.
But, something has to be done. You just can’t sit on your hands and expect a victory to emerge out of thin air. After all, the only “perfect case” is the case that is won — until then, its always a gamble. Still, you’ll never win a case unless you have the courage to bring one before the courts. I trust the legal acumen of these two great lawyers.
Also, I wouldn’t put that much faith in the wisdom of the ACLU, they were the ones who
brought the losing “Hardwick” sodomy case before the US Supreme Court. Any first year law student could see that it was problematic since the law applied to both homosexual and to heterosexual sodomy; hence, it could not be argued successfully on Equal Protection grounds — unlike in the Lawrence -v- Texas case.
~ Bud Evans
The president and congress are all a bunch of 2 day gutless wonders. They will never help us. There are too many votes and too much money at steak.
If we don’t get the rights due us through the courts we will never see them. The courts are our last best hope. It’s put up or shut up time!
I think fighting this on all fronts, through the legislature, courts and the people will help.
I think we have a good shot at winning in the supreme court. Olsen and Boise don’t like to lose.
I’m behind them!
This is a train wreck waiting to happen. The Roberts’ Supreme Court will undoubtedly rule against these guys and set back same-sex marriage rights in the US for a generation. That’s why every major GLBT organization is asking this couple to stop their lawsuit now.
At least the 9th Circuit should be sympathetic to our cause.