The ultimate odd couple David Boies and Theodore B. Olson have opened up their case against Proposition 8 in California to fight for the right of same-sex couples to marry. The opening arguments occurred this morning in the United States District Court in San Francisco. I will be discussing the case on the BBC tonight.
Proposition 8 passed with 52 percent of the vote to overturn the earlier decision of the state supreme court. The same court later upheld Proposition 8, here.
This is a case to watch closely and has the bona fides for possible cert. My greatest concern is the timing. This is not the Court that I would want to vote on this issue at this time. Once they decide, they are less likely to take another case any time soon. Moreover, in the current environment, any success before the Court would likely magnify the demands for a constitutional amendment. Nevertheless, it is one of the most important civil rights issues of our lifetime. Even though I have argued for dropping the word “marriage” entirely in favor of a uniform civil union standard, I wish them the best.
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