Prop 8 Ruling Moves to Federal Court

[Ian David]

Prop 8 Ruling Moves to Federal Court
Today at 9:55am

Hours after California’s top court upheld Proposition 8, the voter approved ban on same-sex marriage, a federal lawsuit was filed arguing that Prop 8 violates the U.S. constitutional guarantee of equal protection and due process.

The lawsuit seeks a preliminary injunction against California’s Proposition 8 until the case is resolved.

The suit was filed by Theodore B. Olson and David Boies on behalf of two gay men and two gay women.

Olson and Boies are two of the top litigators in the country, but in 2000 they were on opposite sites in the Bush v. Gore election challenge.

More:
http://www.facebook.com/note.php?note_id=106424578941&_fb_noscript=1

[no_hypocrisy]

1. Ted Olson!

Who knew?!

[Kerrytravelers]

4. Ted Olsen, as in the widower of Barbara Olsen, that Conservative Ted Olsen???

Excuse me while my head is spinning.

[MADem]

7. Who was the government "Supremes arguing" solicitor general lawyer for Bushco

I think he got married yet again. He was dancing with the woman I believe became his new bride at a Christmas bash three short months after Nahn Wun Wun.

Ya know when Olson's birthday is? Nahn Wun Wun. Really. He turned sixty one the day his wife crashed.

Forgive my cynicism, but I just don't trust that guy to argue anyone's case outside the GOP-drawn lines. I know that lawyers have an ethical code and so forth...but I just don't buy any sincerity from that guy.

[Kerrytravelers]

9. I'm thinking that they're going to pull something. I just don't know what it is yet.

I sure hope I'm wrong.

[MADem]

10. That's the feeling I get, too--and look downthread.

The lawyers at Pam's House Blend smell a rat, too, apparently.

[Kerrytravelers]

12. I did see that, and I agree. There is something going on here.

I can't imagine who the couples are that are going along with this.

I'll be curious to see how this story unfolds.

And worried, too.

[Occulus]

20. Do not be deceived by this

Olson's goal is very likely to be to make such a weak case that he loses. He's old, he thus doesn't have an incipient career to worry about, and it would make him a RW hero.

I. Do. Not. Trust. This. Man. If I'm wrong, well, I hope I am. But I seriously doubt it.

Watch him. I predict he will very intentionally make the weakest arguments possible, so he loses. In other words, I expect him to 'throw the case' like a rigged boxing match.

[xchrom]

2. do i read this right -- olson?

same geeky olson who usually argues conservative cases?

or do i have this all wrong?

[bluedawg12]

23. Total conservative - he knows how they think and litigate.

[ronnykmarshall]

3. I'm that Ted Olson is on this case.

But whatever it takes.

[MineralMan]

5. Seems like poor time to go to the SCOTUS for a ruling

on gay marriage. I'd much rather see this proceed for a while longer on a state-by-state basis than have the equality issue shot down by the SCOTUS. That would set things back for years, and would give the creepo wingers another piece of ammunition in their fight against equality.

[Ian David]

6. Possibly correct... LGBT Orgs: don't file lawsuits leading to SCOTUS now

LGBT Orgs: don't file lawsuits leading to SCOTUS now

LGBT Organizations Warn that Lawsuits Could Set Back Progress on Marriage for Same-Sex Couples

New York, May 27, 2009 - In response to the California Supreme Court decision allowing Prop 8 to stand, four LGBT legal organizations and five other leading national LGBT groups are reminding the LGBT community that ill-timed lawsuits could set the fight for marriage back. The groups released a new publication, "Why the ballot box and not the courts should be the next step on marriage in California." This publication discourages people from bringing premature lawsuits based on the federal Constitution because, without more groundwork, the U.S. Supreme Court likely is not yet ready to rule that same-sex couples cannot be barred from marriage. The groups also revised "Make Change, Not Lawsuits," which was released after the California Supreme Court decision ending the ban on marriage for same-sex couples in California. This publication encourages couples who have legally married to ask friends, neighbors and institutions to honor their marriages, but discourages people from bringing lawsuits.

"Why the ballot box and not the courts should be the next step on marriage in California" is available at http://www.freedomtomarry.org/pdfs/why_the_ballot_box.pdf

"Make Change, Not Lawsuits" is available at (PDF) http://www.freedomtomarry.org/pdfs/make_change_not_lawsuits-0509_update.pdf (PDF)

<snip>

I smell something very very fishy. Why is Theodore Olson representing gay and lesbian couples in the Perry v. Schwarzenegger case? According to Wikipedia, Olson belongs to the Federalist Society. Wikipedia also says "The (Federalist) society was begun by a group including Edwin Meese, Robert Bork, Ted Olson and Steven Calabresi, and its members have included Supreme Court justices Antonin Scalia, John Roberts, Jr. and Samuel Alito. All of these individuals are conservatives, and nearly all have served in Republican administrations."

More:
http://www.pamshouseblend.com/diary/11174/lgbt-orgs-dont-file-lawsuits-leading-to-scotus-now

[MADem]

8. That's my take on it too.

Of course, here, on this forum, it's just as likely I'll be accused of "not caring" or "not understanding."

Thing is, I understand mendacity all too well--and this thing just stinks of it to me.

[MineralMan]

11. What worries me about this is that the current SCOTUS

seems very unlikely to rule in a way that made GLBT marriage equality possible. I can't imagine them doing it right now. So, this effort may very well be a red herring, designed to solidify sentiments against marriage equality and cast this discrimination in stone as stare decisis. That would make it much more difficult to build legal cases in the various states.

I smell a rat, here. A stinky GOOPer rat.

[Ian David]

13. You always move your pawns from the center of the board first.

Not because you care less about your rooks and knights.

But because it's what works strategically.

We need to set the center of the board first.

[Ms. Toad]

15. The time is not yet ripe for this lawsuit.

Been married for 27+ years. Our marriage has been recognized for 14+ years by our faith community, and 3+ years by Canada.

We could have filed suit for recognition of my marriage by Ohio and the Federal Government 3+ years ago - but are waiting because with the current Supreme Court we would lose and a bad decision is far worse than no decision. These two are out of their minds - or have an agenda other than gaining recognition of marriage.

[mitchtv]

17. your concern is duly noted

I, however would like to be among the living when it happens. Keep fighting, endless pressure. I'ts never a good time to go to the SC.

[Bluebear]

18. 'I, however would like to be among the living when it happens.' afrigginmen

[bluedawg12]

22. They tried the ballot box and SCOTUS is not changing in balance - I say go for it!

[Fovea]

14. Ted and David

sittin in a tree...

Why can't I summon that image?

[Renew Deal]

16. I think the way the decision was crafted that this has a chance.

The decision is basically that equal protection doesn't matter if the amendment is properly passed. That seems like a flaw in the California constitution or a severe flaw in the judgment of the court.

Who is the "defendant?" Would California appeal if they lost?

[Kerrytravelers]

19. I think the defendant would have to be the State of California, and our AG is Jerry Brown.

I don't see him putting forth a strong argument against marriage quality, especially since his office spoke against h8 at the CA Supreme Court. And even though I'm no fan of Schwartenegger, he was opposed to h8 as well, so I'm thinking that they may purposly put forth no real argument and, dare I say, "lose" on purpose. I don't see them appealing when they lose. But, I may be totally wrong and will stand corrected if someone else knows this kind of thing more than my guessing.

[bluedawg12]

21. I think this is a dream team!

Boise is brilliant, and while I have hated right wing Olsen's guts for a long time due to his rightwing history, this is just a bizzare enough combo of talent, if united, that they may have the right combination to actually win.

Yes, SCOTUS and all that, but isn't replacing Justice Ginsberg with another liberal Justice exactly where we are today? No guts - no glory.

I think this is exciting and worth watching.

>>

Empowering Spirits Foundation's NotesEmpowering Spirits Foundation's Notes
Prop 8 Ruling Moves to Federal Court
Today at 9:55am

While California gay rights advocates accused the court of failing to protect a minority group from the will of the majority, the justices said that the state’s governing framework gives voters almost unfettered ability to change the California Constitution.

Justice Carlos Moreno, who had been under consideration as President Barack Obama’s nominee to the U.S. Supreme Court, was the lone dissenter.

He said denying same-sex couples the right to wed “strikes at the core of the promise of equality that underlies our California Constitution.” He said it represents a “drastic and far-reaching change.”

“Promising equal treatment to some is fundamentally different from promising equal treatment for all,” Moreno said. “Promising treatment that is almost equal is fundamentally different from ensuring truly equal treatment.”<<

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