California could resume same-sex marriage after tomorrow's federal Prop 8 hearing

July 2, 12:36 AMInternational LGBT Issues ExaminerKelvin Lynch

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             Ted Olson (l) and David Boies (r) /Photo: AP

The first hearing on the federal case brought by The American Foundation for Equal Rights, lead by powerhouse attorneys Ted Olson and David Boies, is tomorrow, July 2nd,  and the two attorneys have requested an injunction which would immediately allow same-sex marriages to resume in California until the Prop 8 issue is settled. 

The two attorneys argue that Prop 8 violates the U.S. Constitution's guarantees of equal protection and due process because it relegates same-sex partners to domestic partners instead of granting them full equal rights.  The suit was filed in the U.S. District Court in Northen California on behalf of two same-sex couples.

The American Foundation for Equal Rights has some high-profile board members, including director Rob Reiner, Chad Griffin, Oscar-winner Dustin Lance Black, Bruce Cohen, Kristina Schake, and Michele Singer Reiner.

“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,” Olson said in an interview with The Advocate. “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.”

"As for the timing of the suit, " Olson said, "recent decisions by the U.S. Supreme Court 'make it clear that individuals are entitled to be treated equally under the Constitution. I’m reasonably confident that this is the right time for these [injustices] to be vindicated.'”

Olson told the Associated Press that he hopes the case will wind up before the U.S. Supreme Court.

Judge Vaughn Walker, who has been assigned to the case, said, “Given that serious questions are raised in these proceedings ... the court is inclined to proceed directly and expeditiously to the merits of plaintiffs' claims. The just, speedy and inexpensive determination of these issues would appear to call for proceeding promptly to trial."

 Unite The Fight said:

"This can be seen as a very good sign. The arguments for an injunction mirror the arguments to end Prop 8 altogether, and as the judge stated in his order, this simply demands that a trial must begin right away. Why put a "band-aid" on the situation when you can end the pain altogether?"

Olson and Boise issued a press release, saying "We are encouraged that the judge wants to dispense with the preliminaries and move quickly toward a final ruling on the unconstitutionality of Proposition 8," Olson said in a press release. "This case is about protecting people's fundamental Constitutional rights, and we agree that it is in everyone's best interest to resolve this matter as quickly as possible. We are prepared to move forward at as fast a pace as the court desires.”

"We think we can win and can win now," attorny Ted Boutrous told Pam's House Blend.   "Based on the Supreme Court decisions in the Lawrence vs. Texas and Romer vs. Evans [gay rights] cases, the arguments are extremely strong."

"Olson and Boies believe we can win now, and to win, you have to go in and give the arguments," Boutrous continued. "It’s been the Supreme Court that has really been the change agent when it comes down to striking down discriminatory laws."

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