Bush v. Gore Lawyers Team Up to Challenge Proposition 8 Federally
Theodore Olson, former US Solicitor General and attorney who represented George Bush in Bush v. Gore, has teamed up with David Boies, who represented Al Gore in the same case, to challenge California's Proposition 8 in federal court. Referring to yesterday's ruling in Strauss v. Horton, the California case that upheld Proposition 8, Chad Griffin, Board President of the American Foundation for Equal Rights, said, "yesterday's ruling had an even more profound impact: it signaled to gay americans across this nation that we are not viewed as equal in the eyes of the law," adding, "this fight is not over, and we will win."
Though Strauss v. Horton was decided on the California constitution, this new claim will be resolved under the US Constitution, specifically under the Fourteenth Amendment's guarantees of due process and equal protection. Said Griffin, "we are taking this fight to the federal courts in order to protect the equal rights guarenteed to every american by the United States Constitution. Our courts exist to protect our rights when they are violated, and we are prepared to go all the way to the United States Supreme Court to find justice."
The announcement came as a surprise to many gay rights advocates who had expected that the next step would be to bring a second initiative repealing Proposition 8 to California voters in 2010 or 2012. Allen explained that they "are acting now because, as Dr. [Martin Luther] King said, 'justice delayed is justice denied.'" He added, "for even one couple to live through one more day of state-sanctioned second class citizenship is one day too many."
The suit was filed Friday, May 22 in the United States District Court, Northern District of California. The text of the complaint [pdf] is available on the American Foundation for Equal Rights website. The plaintiffs also requested a preliminary injunction [pdf] against Proposition 8, which, if granted, would immediately permit same-sex couples to marry in California. A hearing for the injunction is scheduled for July 2.
Boies, explaining why he joined with his former opponent, said:
This is not a question of Republican, Democrat, Conservative, Liberal - Ted [Olson] and I, as everyone knows, have been on different sides in important political issues - we come from different parts of the political spectrum. But I think Republicans, Democrats, Conservatives, and Liberals all recognize the importance of the equal rights guaranteed by the Constitution. This is not something that is a partisan issue; this is something that is a civil rights issue - a legal issue - and I think that is what has brought us together
The press release [pdf] and a video of the press conference can both be found at the American Foundation for Equal Rights.
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