New hope: Federal challenge for Prop 8

May 27, 1:14 PMPortland Humanist ExaminerMicha J. Stone

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In the wake of a disappointing ruling yesterday by the California Supreme Court, a new challenge is being issued to Prop 8, California's ban on same sex marriage. A recently filed federal lawsuit argues that relegating same-sex couples to domestic partnerships instead of granting them full marriage rights is a violation of the equal protection and due process clauses of the Fourteenth Amendment to the U.S. Constitution.

A lesbian couple from Berkeley and a gay couple from Burbank filed the lawsuit in federal court in San Francisco on Friday. Arguing the case against Prop 8 are Theodore B. Olson, the U.S. solicitor general from 2001 to 2004 under President George W. Bush, and David Boies, a high-profile trial lawyer who argued on behalf of former vice president Al Gore. The two are quite the odd couple: they are the same two attorneys who argued opposing sides of the 2000 Bush v. Gore lawsuit before the U.S. Supreme Court.

This is a bold move that takes a new approach to achieving marriage equality. Any legitimate challenge to the homophobia and open bigotry of Prop 8 is a welcome development. Marriage is a right. No majority should be allowed to strip any minority of their rights as Americans or as human beings.

The good fight continues. Justice will be done. We shall overcome.

Yes we can.