Gay Rights Groups Seek to Intervene in Federal Challenge to Calif. Same-Sex Marriage Ban

rights to intervene in a federal challenge of California’s Proposition 8 has created a rift with the high-powered heading the case, turning erstwhile into head-butting competitors.

Both sides have diverging visions of legal strategy. The are pushing a cautious, narrow approach based on the circumstances of Prop 8, while Theodore Olson, David Boies and their are seeking a decisive for all under the U.S. .

The — the National Center for Lesbian Rights, Lambda Legal Defense and Education Fund and the American Civil Liberties Union — are also worried that the Olson/ team is underestimating the importance of U.S. District Vaughn Walker’s on a fully developed factual record. They moved this month to intervene (pdf) so they can present evidence of historic against and and answer Walker’s questions, such as whether can be changed and whether same- marriages destabilize opposite- marriages.

See Gay Rights Groups Seek to Intervene in Federal Challenge to Calif

Above the Law

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Federal Judge Stresses Trial Record on Calif. Gay-Marriage Ban

Whatever Chief U.S. District Judge Vaughn Walker winds up deciding on Proposition 8, it’s clear he wants an airtight trial record to support it.

Holding his first hearing Thursday on the controversial measure that outlawed same-sex marriage, Walker repeatedly stressed the importance of establishing a record that will stand the test of time.

He told a packed that he was “reasonably sure” that the challenge launched by two high- is “only touching down in this court” and merely a “” for things to come.

“How we do things here,” Walker said, “is more important than what we do.”

He noted that other courts have rendered on same- without holding full trials, which he suggested was a “problem.”

Perry v. Schwarzenegger, 09-CV-2292, was filed in May by Theodore Olson, who represented George W. in the Bush v. Gore case, and David Boies, who represented . wasn’t present on Thursday. The suit attacks Prop 8 on equal protection and due process grounds.

Walker had already issued a tentative order allowing Prop 8 proponents to intervene and denying a preliminary injunction (pdf). He stood by both orders during Thursday’s 50-.

Olson, a in Gibson, Dunn &; Crutcher’s Washington, D.C., office who has argued before the U.S. 55 times, nonetheless made a fleeting to persuade Walker to change his mind on the .

“Every day that Prop 8 is enforced perpetuates a tragic ” on and , he argued, saying it “brands” them as “second-class , unworthy and different.”

“The ,” Olson argued, “has held again and again and again that the right to marry is the most important in life.”

Representing the Prop 8 , Charles Cooper, who was a top during the , warned that the lawsuit could “sweep away” not only Prop 8, but the definition of in 43 states and the .

The Cooper &; Kirk also argued that has by always been the union of a man and a , and said that every case that describes has noted that its central purpose is .

See Federal Judge Stresses Trial Record on Calif. Gay-Marriage Ban Above the Law

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Lowenstein: Judge orders speedy ruling on Prop 8 case

When Olson and filed against Proposition 8 on behalf of their clients, the case was newsworthy for two main reasons. The two at the famously opposed each other in v. , and most of the national were quick to distance …

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Voter ‘animus’ to be issue in Calif marriage case

When the U.S. overturned an amendment to the Colorado that outlawed protections for , same- could not enter into civil or anywhere in the nation, much less get married.

But as they seek to persuade a to strike down California’s ban on marriages, for two unmarried are using that 13-year-old decision as their road — one they expect will eventually the high court to take up the issue.

In the , Romer v. Evans, the majority held that voters’ dislike of and the laws that several cities had approved to shield them from motivated the state amendment. Such “,” it said, was incompatible with the section of the U.S. that requires the government to treat its equally absent a compelling reason to do otherwise.

The behind the challenge to California’s Proposition 8 plan to argue during a Thursday that by stripping of the right to wed, the voter-approved ban runs afoul of America’s founding framework in the same way — and for the same reason.

“Romer is a strikingly similar situation to what we have here. You had a ballot , a majority of the , taking away a right,” said Theodore J. Boutrous Jr., a member of the legal team by former U.S. General and trial . “And there was no or rationale other than by that majority of that group.”

U.S. District Vaughn R. Walker on Tuesday issued a tentative order to fast-track the case in his court.

Among the questions he said he wants covered at trial are whether is unchangeable, if permitting same- “destabilizes” traditional and whether Proposition 8’s ballot history demonstrates the measure had “discriminatory intent.”

California , a in the case, has sided with rights and declined to defend the ban, which overturned a California ruling that had legalized same- marriages. The state five weeks ago upheld the measure, saying it represented a valid of voters’ authority to amend the California .

Proposition 8’s sponsors, a coalition of religious called Protect , has been given permission to intervene in the federal case. In court papers, the group’s rejected the that anti- fueled the November measure and that the 1996 was applicable.

“Nothing in , either Proposition 8 or otherwise, indicates that harbor towards and individuals,” they wrote.

Since the U.S. ’s 6-3 decision, for rights and Christian have debated whether the Romer decision could be used to expand rights. The ruling marked the first time the determined that the ’s guarantees extended to and .

“The basic point of Romer is that government cannot ever out of toward a group of , and whether that is in the context of or anti- law, the point carries over,” said Suzanne Goldberg, who worked on the case and now directs ’s and Gender Law Program.

The ruling has been cited, though so far unsuccessfully, in past to bans in Nebraska and Florida. At the same time, rights mostly have shied away from pursuing federal cases in favor of pursuing rights in .

Legal on both sides of the agree, however, that California’s Proposition 8 questions

that could make the issue ripe for federal action.

See Voter ‘animus’ to be issue in Calif marriage case
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Lawyers: Gay couples’ rights justify injunction San Jose Mercury New

SAN FRANCISCO—Two high- are arguing that any bureaucratic caused by suspending California’s same- ban is outweighed by the ongoing being suffered by and .

and , who represented opposing sides in the 2000 presidential , v. , filed papers Thursday buttressing their argument that Proposition 8 should be lifted while a challenging the voter-approved measure in court.

See Lawyers: Gay couples’ rights justify injunction

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Federal gay marriage challenge has Hollywood style Reuters

The story of two famous U.S. from opposite ends of the banding together to a bold and unexpected fight for sounds like it could have been written in .

In many ways, it is.

A of political by a Democratic consultant have crafted a rights challenge they hope will reach the U.S. .

The case which has its first hearing in a federal court on July 2 could quickly make a national right, or, some rights , cripple the movement.

The team has , winning in California in particular, and has brought together real-world firepower in the form of Olson and , the who faced off in the 2000 election recount that to George W. ’s .

What sets them apart is the to take on a that steeped in the cause have avoided.

I’ve quite frankly never possessed — if ,” said Griffin, 35, who began his in the political big leagues more than a ago as the youngest person to work on a ’s West .

“History is on our side, law is on our side,” added Griffin, who is .

, the “When Harry Sally” director and for children’s , and , the producer of “,” a film about the first openly elected in California, are two of the six-member board of the for , founded for the .

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Schwarzenegger, AG Brown oppose bid to immediately block Prop 8

Gov. and on Thursday urged a to keep Proposition 8 in force for now, arguing that it would create too much uncertainty across the state to put the voter-approved ban on on hold while the latest unfolds in the .

In court papers, state argued against an that would freeze the ban, opposing a request filed in federal court in last month by two seeking the right to marry. Backed by former U.S. General and renowned , the moved to counterract the California ’s recent ruling upholding Proposition 8, arguing that it violates equal protection rights under the federal .

Brown and Schwarzenegger argued separately that it would create too much havoc to put the law on hold until the are resolved, perhaps eventually by the U.S. . The governor and did not take a position on the federal , focusing only on whether Prop 8 should be blocked while the case is litigated, a move that would allow same- to marrying in California.

Brown had previously urged the California to overturn Prop 8, and Schwarzenegger has said publicly he believes the courts eventually will permit .

 See Schwarzenegger, AG Brown oppose bid to immediately block Prop 8 San Jose News

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New Prop. 8 court challenge brings former legal rivals together

The California failed to protect to marry when it upheld Proposition 8, forcing same- to appeal to the to remedy the , two prominent said today in announcing a lawsuit on behalf of two .
Former U.S. General , a renowned , and , who opposed Olson in v. in the 2000 fight over the , cast their to restore the right of to marry in California as a to correct an . Their suit seeks an immediate on Prop. 8’s ban, thereby allowing same- marriages to while the case makes its way through the federal court system.
But Olson’s role in the rights mission prompted much about his motives. The former , who his wife in the Sept. 11 , conceded that the might not be ready to recognize as a class in need of protection from , but he said he hoped “that don’t suspect my motives,” vowing to demonstrate his commitment to by winning the challenge.
vouched for Olson as “committed in and soul to and committed in and soul to the .” See New Prop. 8 court challenge brings former legal rivals together * Tags = gay men gay news lesbian news transgender bisexual

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Gay rights advocates rip suit to undo Prop. 8

rights Wednesday blasted two for filing a seeking to overturn Proposition 8, California’s voter-approved same- ban, saying the move is premature and could be disastrous for the movement.
While they knew of the , Theodore B. Olson and - who opposed each other during the 2000 v. case - filed the suit Friday in on behalf of two same- who wanted to be married but were denied because of Prop. 8.
The suit claims the voter-approved measure, which the California affirmed Tuesday, denies same- the basic liberties and guaranteed by the 14th Amendment. It asks for a preliminary against Prop. 8 until the case is decided.
Olson said he filed the case not only on behalf of his clients, who include Kris Perry and Sandy Stier, but on behalf of 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- , he said, but acknowledged that it could take two years for his case to reach the U.S. .
While Olson shares the same end goal as same- , he doesn’t share their political strategy - to win states individually, with ballot or laws approved by state . Several same- intend to put the issue to voters in November 2010.
Olson thinks both strategies can work simultaneously. But many legal are urging same- to avoid filing federal because have not been as friendly to rights issues See * Gay rights advocates rip suit to undo Prop. 8 Chronicle Tags = gay men gay news lesbian news transgender bisexual

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