The legal team challenging California's Proposition 8 ban on same-sex marriage filed a brief with the Supreme Court on Thursday urging the court to rule same-sex marriage bans unconstitutional in all states.
David Boies and Ted Olsen are the team challenging Proposition 8. Boies and Olsen are known as the lawyers in the center of Bush v. Gore, the Supreme Court ruling in 2000 regarding the Florida recount.
The duo believes gay and lesbian couples should be entitled to the same protections and rights under the law. With a broad ruling, it is possible gay marriage could become a reality in all 50 states and U.S. territories.
California's Proposition 8 was a ballot initiative presented to voters in the wake of the California Supreme Court ruling gay marriage legal. Voters narrowly approved the measure backed by cash from religious organizations, including the Mormon Church.
Proposition 8 took away a right granted to the citizens of California, putting thousands of same-sex couples in legal limbo as to whether their marriages were valid or not.
In 2012, the Ninth Circuit Court of Appeals ruled Proposition 8 unconstitutional, opening the door for a Supreme Court challenge. The 2012 decision painted a narrow window as for the justification. The decision alleged that as the right was granted and enacted, taking it away violated the Constitution.
The Supreme Court has taken up the Proposition 8 challenge, as well as a challenge to the Defense of Marriage Act, or DOMA. The White House has stated they would stop defending DOMA.
The White House has not commented whether or not they will file a brief against Proposition 8.
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