{"id":8983,"date":"2009-05-27T07:26:08","date_gmt":"2009-05-27T07:26:08","guid":{"rendered":""},"modified":"2009-05-28T00:05:09","modified_gmt":"2009-05-28T00:05:09","slug":"is-this-federal-challenge-to-prop-8-a-good-idea","status":"publish","type":"post","link":"https:\/\/calitics.com\/index.php\/2009\/05\/27\/is-this-federal-challenge-to-prop-8-a-good-idea\/","title":{"rendered":"Is this Federal challenge to Prop 8 a Good Idea?"},"content":{"rendered":"

For a long time, the LGBT community has avoided bringing a federal claim regarding marriage equality.  That will change tomorrow when Ted Olson, former solicitor general under W, and David Boies, his rival in Bush v. Gore<\/i>.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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. (LA Times 5\/26\/09<\/a>)<\/p><\/blockquote>\n

Lamda Legal and other national LGBT legal organizations have explicitly stayed away from pressing this in federal court in order to stay away from the conservative federal courts. But, I suppose it had to happen sometime. The likelihood of success seems slim at this point, especially for the injunction. In all likelihood, we’re going to fight Prop 8 at the ballot.<\/p>\n

That being said, we are right on the underlying argument: LGBT couples are denied the equal protection of the law. <\/p>\n

UPDATE<\/b><\/i> (by Be_Devine): Interestingly, Boies and Olson filed their lawsuit last Friday<\/b><\/i>, before the California Supreme Court even decided the Prop 8 cases.  They filed the case in the Northern District of California in San Francisco, and the case was assigned to Judge Vaughn Walker.  Judge Walker currently the Chief Judge of the Northern District.  He was nominated by President George I in 1989.  Reagan nominated him earlier, but his nomination failed.  He endured anger from the left because of his membership in the Olympic Club, a private club that was, at the time, all-male and for representing the U.S. Olympic Committee in its suit to stop the use of the term “Gay Olympics.”  Judge Walker has, however, publicly called for the legalization of drugs.  He is considered a conservative judge, but if anything, he is unorthodox. <\/p>\n

UPDATE by Brian<\/b>: I’ve posted the complaint over the flip. You can also find it here<\/a>.<\/p>\n

<\/object>
boies complaint<\/a> – Get more Business Documents<\/a><\/font>  <\/p>\n","protected":false},"excerpt":{"rendered":"

For a long time, the LGBT community has avoided bringing a federal claim regarding marriage equality.  That will change tomorrow when Ted Olson, former solicitor general under W, and David Boies, his rival in Bush v. Gore<\/i>.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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. (LA Times 5\/26\/09<\/a>)<\/p><\/blockquote>\n

Lamda Legal and other national LGBT legal organizations have explicitly stayed away from pressing this in federal court in order to stay away from the conservative federal courts. But, I suppose it had to happen sometime. The likelihood of success seems slim at this point, especially for the injunction. In all likelihood, we’re going to fight Prop 8 at the ballot.<\/p>\n

That being said, we are right on the underlying argument: LGBT couples are denied the equal protection of the law. <\/p>\n

UPDATE<\/b><\/i> (by Be_Devine): Interestingly, Boies and Olson filed their lawsuit last Friday<\/b><\/i>, before the California Supreme Court even decided the Prop 8 cases.  They filed the case in the Northern District of California in San Francisco, and the case was assigned to Judge Vaughn Walker.  Judge Walker currently the Chief Judge of the Northern District.  He was nominated by President George I in 1989.  Reagan nominated him earlier, but his nomination failed.  He endured anger from the left because of his membership in the Olympic Club, a private club that was, at the time, all-male and for representing the U.S. Olympic Committee in its suit to stop the use of the term “Gay Olympics.”  Judge Walker has, however, publicly called for the legalization of drugs.  He is considered a conservative judge, but if anything, he is unorthodox. <\/p>\n

UPDATE by Brian<\/b>: I’ve posted the complaint over the flip. You can also find it here<\/a>.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[1608],"tags":[558,5576],"class_list":["post-8983","post","type-post","status-publish","format-standard","hentry","category-1608","tag-558","tag-5576"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack-related-posts":[],"jetpack_shortlink":"https:\/\/wp.me\/p6Pvhz-2kT","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/posts\/8983","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/comments?post=8983"}],"version-history":[{"count":0,"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/posts\/8983\/revisions"}],"wp:attachment":[{"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/media?parent=8983"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/categories?post=8983"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/calitics.com\/index.php\/wp-json\/wp\/v2\/tags?post=8983"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}