Olson and Bois Team Up on Proposition 8 Challenge

225px-Theodore_Olson225px-David_Boies_at_Berkman_CenterTheodore B. Olson, the U.S. solicitor general under Bush and his lawyer in Bush v. Gore, and David Boies, who represented former vice president Al Gore in that case, have joined forces to challenge Proposition 8 in federal court after this week’s loss in the California state court system.

A successful challenge would circumvent the need for a state by state fight on the issue. The Supreme Court has long dodged the question, even in its historic Lawrence v. Texas decision.

They are challenging the prohibition of same-sex marriage as a violation of the equal protection and due process clauses of the Fourteenth Amendment to the U.S. Constitution.

Olson stated” “For a long time I’ve personally felt that we are doing a grave injustice for people throughout this country by denying equality to gay and lesbian individuals. The individuals that we represent and will be representing in this case feel they’re being denied their rights. And they’re entitled to have a court vindicate those rights.”

While Olson and Bois view this as an optimal time, I would disagree. Coming so soon after the loss in the polling place, the timing maximizes the appearance of attempting to achieve in court what was denied by the voters. On the other hand, if you agree that gays and lesbians are entitled to such protection, the vote of the public constitutes a modern version of tyranny of the majority.

Notably, by the time that it went to the Court, Sotomayor is likely to have been confirmed and voting as an Associate Justice.

For the full story, click here.

26 thoughts on “Olson and Bois Team Up on Proposition 8 Challenge”

  1. i have nothing against gays or lesbians…but i will say that this blog is to be a discussion for the most part on the theory of law

    “equal protection”…for a couple to get married they have some rules…if done in a church they generally have to have some counseling with the pastor…

    if one says that two people of the same sex are entitled to the same protection of two people of different sex that is natural combination of the family…then, it opens the equal protection to polygmay, underage marriage with older people or marriage of underage children in any context…

    the argument is that “having sex and playing house” entitles the same protection as a marriage of two people of natural combination

    and the gays and the lesbians do not extend their gratitude of this new found protection to the protection of a woman with children…

    an argument made by the gay/lesbian lobby for many years is they if allowed to be married can they take children from people and raise them

    so, instead of helping these people or trying to make the world a better place for someone else they want their children sense they can not procreate unless they use other means

  2. Just googled three words: countries percentage caucasian.

    Moving to Australia ASAP.

  3. rafflaw: it seems obvious to most that bother to read your posts that you are a stark raving lunatic. Did your mother drop you?

  4. rafflaw,

    Why would you only “allow” people to marry one person of the same sex

    Why do you only “allow” them to marry a human being.

    Open your heart to all…..’cause once you allow gay marriage you are going to have to allow multiple wives & husbands and you won’t be able to stop at human beings.

  5. The trolls are getting racy around here now. It seems obvious to me that if some people are “allowed” to get married, that it must be available to all who want it. Anything short of the same opportunity for gays and lesbians is akin to “separate but equal” type of thinking.

  6. Vernie Baby,

    Stop it you mean brute, but you so sexy when you say words like that. Where do wanna meet do we can straighten out your manhood?

    Hear me roar,

  7. What little “good will” gays & lesbians were pretending to show was RUINED by the appalling attacks on Ms. California and the ludicrous violent demonstrations gays & lesbians have been conducting almost daily in California.

  8. WORTH SAYING AGAIN:

    Any new Proposition Eight will PASS by an even larger majority now!

    What little “good will” gays & lesbians were pretending to show was RUINED by the appalling attacks on Ms. California and the ludicrous violent demonstrations gays & lesbians have been conducting almost daily in California.

    I have a brother working for a very VERY large firm in California. People that voted against the previous Proposition Eight measure are now indicating they will vote for a new Proposition Eight banning gay marriage in California.

    You can thank the clueless violence and incessant attacks on Ms. Prajean for demonstrating to Californians and the rest of America just how unbalanced the foes of Proposition Eight are!

  9. So where does the money come from? If you want me, show me the money? What exactly is the oldest profession again?

  10. Lotta:

    “Thomas Jefferson:
    A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine.”

    ************

    This quotation doesn’t sound Jeffersonian to my ear. Conceding I have not read everything written by the “Sage of Monticello,” I will say I have read quite a bit and it fails my test in terms of its awkward syntax and pedantic tone. It apparently first appeared in print in 2005 and was attributed to Jefferson by a rather loose biographer who works for the Southern Baptist Convention, Russell Dilday. Likewise I cannot find it in Jefferson’s assembled papers in the UVA archives. Another checking service can find it nowhere in his works under a search for “mob rule.” (a decidedly un-Jeffersonian term.)

    I think this quote comes closer to the mark…

    “The first principle of republicanism is that the lex majoris partis is the fundamental law of every society of individuals of equal rights; to consider the will of the society enounced by the majority of a single vote as sacred as if unanimous is the first of all lessons in importance, yet the last which is thoroughly learnt. This law once disregarded, no other remains but that of force, which ends necessarily in military despotism.” –Thomas Jefferson to Alexander von Humboldt, 1817. ME 15:127

    and tempered with this caveat:

    “[Sometimes] the minorities are too respectable, not to be entitled to some sacrifice of opinion, in the majority.” –Thomas Jefferson to James Madison, 1788. ME 7:184

  11. Eni:

    I think many liberals tend to think that conservatives are equivalent to the moral majority. True conservatives are genuinely for individual liberty as I think Mr. Olson has just proved.

    I hear many wondering if Hell has just frozen over with his revelation.

  12. Any new Proposition Eight will PASS by an even larger majority now!

    What little “good will” gays & lesbians were pretending to show was RUINED by the appalling attacks on Ms. California and the ludicrous violent demonstrations gays & lesbians have been conducting almost daily in California.

    I have a brother working for a very VERY large firm in California. People that voted against the previous Proposition Eight measure are now indicating they will vote for a new Proposition Eight banning gay marriage in California.

    You can thank the clueless violence and incessant attacks on Ms. Prajean for demonstrating to Californians and the rest of America just how unbalanced the foes of Proposition Eight are!

  13. Lotta,

    That’s why I always get so upset when people say America is a Democracy. The country’s laws were very clearly designed to NOT let the mob rule.

  14. From article: “On the other hand, if you agree that gays and lesbians are entitled to such protection, the vote of the public constitutes a modern version of tyranny of the majority.”
    ++++

    Never underestimate the proclivity of the majority to impose tyranny.

    Thomas Jefferson:
    A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine.

  15. Empathy rears its ugly head!

    eniobob,

    That was a great link (one among many that you’ve posted here).

  16. With Olson signing on to gay marriage it seems to me that this is a sign that the cause is prevailing and that maybe within a few years this country will allow full rights for Gay people.
    Another small, but significant step towards a more humane future.

  17. What was denied by the voters are civil rights. There’s no time like right now to fight for a civil society. IMHO

Comments are closed.