New Prop. 8 court challenge brings former legal rivals together

The California Supreme Court failed to protect gay couples’ fundamental right to marry when it upheld Proposition 8, forcing same-sex couples to appeal to the federal courts to remedy the injustice, two prominent lawyers said today in announcing a lawsuit on behalf of two gay couples.
Former U.S. Solicitor General Theodore Olson, a renowned conservative, and David Boies, who opposed Olson in Bush v. Gore in the 2000 fight over the presidential election, cast their collaborative effort to restore the right of gays to marry in California as a moral imperative to correct an injustice. Their suit seeks an immediate injunction on Prop. 8′s ban, thereby allowing same-sex marriages to resume while the case makes its way through the federal court system.
But Olson’s role in the gay rights mission prompted much speculation about his motives. The former Bush administration official, who lost his wife in the Sept. 11 terror attacks, conceded that the federal courts might not be ready to recognize sexual orientation as a class in need of protection from discrimination, but he said he hoped “that people don’t suspect my motives,” vowing to demonstrate his commitment to equal rights by winning the challenge.
Boies vouched for Olson as “committed in heart and soul to equality and committed in heart and soul to the Constitution.” See New Prop. 8 court challenge brings former legal rivals together Los Angeles Times * Tags = gay men gay news lesbian news transgender bisexual

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Gay rights advocates rip suit to undo Prop. 8

Gay rights advocates Wednesday blasted two veteran attorneys for filing a federal lawsuit seeking to overturn Proposition 8, California’s voter-approved same-sex marriage ban, saying the move is premature and could be disastrous for the marriage movement.
While they knew of the objections, attorneys Theodore B. Olson and David Boies – who opposed each other during the 2000 Bush v. Gore presidential election case – filed the suit Friday in San Francisco on behalf of two same-sex couples who wanted to be married but were denied because of Prop. 8.
The suit claims the voter-approved measure, which the California Supreme Court affirmed Tuesday, denies same-sex couples the basic liberties and equal protection under the law guaranteed by the 14th Amendment. It asks for a preliminary injunction against Prop. 8 until the case is decided.
Olson said he filed the case not only on behalf of his clients, who include Berkeley residents Kris Perry and Sandy Stier, but on behalf of gay couples elsewhere who want to get married but can’t.
“We can’t tell them to wait, what, five years” for their state to approve same-sex marriage, he said, but acknowledged that it could take two years for his case to reach the U.S. Supreme Court.
While Olson shares the same end goal as same-sex marriage advocates, he doesn’t share their political strategy – to win states individually, with ballot initiatives or laws approved by state legislatures. Several same-sex marriage advocates intend to put the issue to voters in November 2010.
Olson thinks both strategies can work simultaneously. But many gay legal advocates are urging same-sex couples to avoid filing federal lawsuits because federal courts have not been as friendly to gay rights issues See * Gay rights advocates rip suit to undo Prop. 8 San Francisco Chronicle Tags = gay men gay news lesbian news transgender bisexual

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Obama Needs to End Silence on Biggest Civil Rights Move of Our Time

Barack Obama has appointed a hyperactive director of faith-based initiatives, Josh DuBois, and sees little problem continuing the blurring of church and state that George W. Bush and Bill Clinton initiated in their terms. I remain very uncomfortable with evangelicals and other preachers — many of whom have narrow and bigoted views of America’s 21st century civil rights challenges. See Obama Needs to End Silence on Biggest Civil Rights Move of Our Time
Huffington Post * Tags = gay men gay news lesbian news transgender bisexual

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Miss California: The anti-gay-marriage martyr extends her 15 minutes

Last night, Miss California Carrie Prejean called into Fox News’ On the Record, hosted by Greta Van Susteren, to talk about her latest venture. You may have heard the news yesterday that Prejean is appearing in an ad for the National Organization for Marriage, the same group that created the much-mocked “Gathering Storm” spot earlier in April. Prejean’s claim to fame is her Q&A session with blogger Perez Hilton during the Miss USA pageant. Hilton asked her whether states should legalize gay marriage, and Prejean responded in the negative, saying she herself believes in “opposite marriage.” As my colleague Jennifer Armstrong pointed out, it was a brief soaring moment of journalistic clarity for Hilton. (Whereupon he immediately crashed back to earth by calling Prejean a “dumb b—-” on his video blog. Was the air too thin up on the high road, Perez?)

Prejean became an instant martyr to the anti-gay-marriage cause, claiming that she lost the Miss USA crown because of her views. Now, I’m all for freedom of speech (even for pageant contestants) and Miss Prejean should be able to announce any opinion on marriage, gay or “opposite,” that she wants. But after rereading the transcript of Prejean’s interview with Van Susteren again, I have to say: If you’re going to make her into an anti-gay-marriage Joan of Arc, shouldn’t she be better informed? When asked about her thoughts on civil unions or gay adoption or general rights for gay couples, it was obvious Prejean didn’t have any, even saying at one point “I will get back to you on that one.” The most she could offer beyond the “promoting marriage” boilerplate was “I think that people that are homosexual should have some rights, you know, hospital rights, and things like that.” (Gee, thanks.)

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