Subscribe to Breaking NewsLowenstein: Old legal foes join forces to fight Proposition 8
The fight for and against Proposition 8 has been spearheaded by two of the most infamous lawyers in modern American history, Kenneth Starr and Gloria Allred.
Now, in a somewhat surprising partnership, two other legal heavyweights have entered the fray to challenge Proposition 8 at the Federal level.
Former U.S. Solicitor General Theodore B. Olson and David Boies were on opposite sides of the landmark 2000 Supreme Court case Bush v. Gore, but they’ve now joined forces for a project under the auspices of the American Foundation for Equal Rights. Olson and Boies will be representing two same-sex couples who plan to file suit after being denied marriage licenses in California after Proposition 8 passed in November.
What makes Olson and Boies’ case distinct from the cases that recently appeared before the California Supreme Court is that they filed in U.S. District Court in California, arguing that Proposition 8 violates the United States Constitution’s due process and equal protection provisions.
While the conservative make-up of most federal courts after 8 years of Bush appointments means this case doesn’t seem particularly likely to prevail, Olson and Boies’ partnership is living proof that we all really can just get along.
i beleive marraige is a civil right,and it is unfair to pick and choose who gets that right and who doesnt,based on their religious beleif or not,or thier race or culture,or gay or strait,only that any citizen of the united states should be entitled to the same civil right,as everybody else.
No, don’t fall for it! It’s a trick, Olson is trying to lose to set a precedent against us, and hold back marriage for a generation! He’s a Bushie! The other one was a big supported of DOMA and DADT!
Don’t fall for it!
This may sound stupid and may have been done before. I am not a lawyer, but I am one of the 18000 couples that remain married to my husband, maybe we are going about this the wrong way. I agree that marriage is a civil right. However, maybe the religious community that believes in marriage equality should sue the state and federal government on the grounds of religious freedom.
First Amendment of the Constitution of the United States says that:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 4. Free exercise and enjoyment of religion without discrimination or preference are guaranteed.
By prohibiting marriage equality the government IS prohibiting the free exercise thereof (DOMA) and discriminating and showing preference (Prop
to a given religious belief. The government IS imposing a given religious belief, of some religious instatustions, on ALL religious instatustions and ALL people of the United States.
I do not believe in any organized religion, however I do believe in God. My God made me the way I am and my God believes in marriage equality. And my marriage is just as traditional as any other.
Finally. The previous court battle was not based on the real issue, which is that the California Constitution now violates the US Constitution. Prop 8 will go the way of Colorado Amendment 2.