Gay marriage battle relaunches, challenged in court

[White Eagle]

This is something that looks promising to me. I heard these lawyers today on Hardball and they explained what they were doing. It sounds a lot like just about every discussion on JUB. They talked about the 14th amendment and the rights that are ours. Votes cannot take away our rights. At least that is what I got out of it.

http://latimesblogs.latimes.com/lan...-battle-launched-today-with-federal-suit.html

Gay marriage battle relaunches today as Prop. 8 is challenged in court
7:58 AM | May 27, 2009

A new front in the battle over gay marriage in California will open today when two prominent attorneys will challenge Proposition 8 in federal court.

The attorneys, who argued on opposite sides of the Bush vs. Gore election case in 2000, will hold a press conference announcing a federal lawsuit and calls for the restoration of 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. The lawyers are scheduled to appear this morning at the BIltmore Hotel in downtown Los Angeles.

Then there is this:

http://news.xinhuanet.com/english/2009-05/28/content_11448336.htm

U.S. lawyers challenge California's same-sex marriage ban in federal court
www.chinaview.cn 2009-05-28 11:16:08 Print

LOS ANGELES, May 27 (Xinhua) -- Two U.S. lawyers said here Wednesday that they had filed a lawsuit in federal court in hopes of overturning California's Proposition 8, which was approved by voters to ban same-sex marriage.

Speaking at a press conference in downtown Los Angeles, Theodore Olson and David Boies said they filed the lawsuit on behalf of two homosexual couples in California.

The two constitutional lawyers, who squared off in the legal battle that decided the 2000 U.S. presidential election, said they joined hands to seek an injunction to stay California's same-sex marriage ban while arguing it is a violation of the U.S. Constitution.

Same story, maybe nothing different, but promising at least.
Lets hope so.

 

[hotatlboi]

I'm not sure they have the votes on the Supreme Court right now, but I surely hope so.

Here's the interview you mentioned.

 

[opinterph]

Interesting that one of the attorneys representing this legal challenge to overturn Prop 8 was also President George W. Bush’s Solicitor General, is a member of the Federalist Society, and was recently considered a reliably conservative candidate for nomination to the Supreme Court.

Interactive Map of Theodore B. Olson’s Relationships

Hardball video: Changing opinions on gay marriage (MSNBC link)​

 

[hotatlboi]

Interesting that one of the attorneys representing this legal challenge to overturn Prop 8 was also President George W. Bush’s Solicitor General, is a member of the Federalist Society, and was recently considered a reliably conservative candidate for nomination to the Supreme Court.

Well we've also had McCain's campaign chairman support it recently. 'Conservative' is finally starting to mean you are not necessarily a bigot.

 

[hotatlboi]

I think it will ultimately come down to Kennedy. He's always the swing vote on gay issues.

 

[hotatlboi]

We don't know that Sotomayor won't be like Kennedy. She could be a wild card like Souter was for the Republicans.

yeah, we really don't know that much about her position on most things at this point.

 

[Apollo]

we're about to find out her positions of issues soon enough

 

[scream4ever]

"yeah, we really don't know that much about her position on most things at this point."

From her records she seems to be liberal on human rights issues (mainly on employment cases regarding minorities). From what I've read many Republicans saying that she will be the most liberal person on the court.

P.S. I've also heard that Clarence Thomas is planning on retiring soon.

 

[rareboy]

P.S. I've also heard that Clarence Thomas is planning on retiring soon.

If they have to pump him full of formaldehyde and play 'Weekend at Uncle Bernie's', the conservatives ill never let Thomas leave the bench until they have a prez in place to appoint another right wing activist judge.

 

[White Eagle]

I'm not sure they have the votes on the Supreme Court right now, but I surely hope so.

Here's the interview you mentioned.

Thanks, I looked all through MSNBC and couldn't find it. I suppose I looked too close to the end of Hardball.

 

[White Eagle]

I've heard it's a gamble to bring it to the fed court. By the time it gets to the Supremes it may get voted down.
Let's hope, as above posts, that Sotomayor is on our side.

 

[hotatlboi]

If they have to pump him full of formaldehyde and play 'Weekend at Uncle Bernie's', the conservatives ill never let Thomas leave the bench until they have a prez in place to appoint another right wing activist judge.

We can only hope that we don't have another one of those in place for a long time. I agree that he will hang on as long as possible, but at some point if the pres isn't there for him he will still have to retire.

I'd rather see Scalia go before him though. Since he's already 73 (Thomas is only 60), I can see that happening sooner.

 

[White Eagle]

I found a link to a press conference held 5/27/09. It has the lawyers in it so I assume it is the one held in LA.

http://www.equalrightsfoundation.org/

Check it out!!

 

[White Eagle]

The link is not working. It says this:

secure.www.justusboys.com uses an invalid security certificate.

 

[opinterph]

The link is not working. It says this:

secure.www.justusboys.com uses an invalid security certificate.

It is the Mercury News site certificate that is invalid.

You can view the exact same article here. (The article is a syndicated release from Associated Press.)

 

[construct]

I've heard it's a gamble to bring it to the fed court. By the time it gets to the Supremes it may get voted down.
Let's hope, as above posts, that Sotomayor is on our side.

I too hope that Judge Sotomayor is on our side, but more importantly I hope that Judge Sotomayor will decide cases according the the law and the facts rather than according to her own prior preconceptions (which is necessary to protect predictability and equality under the law).

 

[scream4ever]

Wow, so the first step would really be starting on July 2? That would be awesome if they could suspend Prop. 8 until the ruling.

I agree that the pair-up is awesome. It could really appeal to both the liberal and conservative sides of the court. Good luck Christian Right getting attornies as good as them (Kenneth Starr doesn't even come close!)!

 

[MystikWizard]

I don't know. I just don't have a good feeling about this. If it is a "No" in Federal Court, and if it makes its way up to the Supreme Court, and it still is "No", then I have a feeling Heterosexuals are going to let all the states have it, in 2010 when it goes on all the statewide ballots.

Especially California.

When I talk with Heterosexuals, I can tell you that many are getting disgruntled because they get the feeling that we are "ramming it down their throats".

 

[hotatlboi]

When I talk with Heterosexuals, I can tell you that many are getting disgruntled because they get the feeling that we are "ramming it down their throats".

Maybe so, but its often pointed out that in similar situations (such as civil rights for blacks), if the oppressed minority did not ram it down people's throats their cause went nowhere, and I tend to agree.

The support for gay marriage and gay rights in general has increased dramatically in the last 10 years. I'm certain it will get to a majority sometime in the next 10.

 

[thermodynamics]

I think it's great that they're working together. I also think they've got a very good shot at a win--their arguments are very very good.

But I do think they may be trying to make a name for themselves in this thing--history would probably remember them quite fondly if they pulled off a win on this issue.