Prop. 8 being challenged in federal court
May 28, 2009 at 10:03 AM
Two highly unlikely former foes, Ted Olson and David Boies, are teaming up to challenge bans against marriage equality for LBGT families in federal court. They are claiming that state constitutional bans, such as Prop. 8, violate the equal protection clause of the 14th amendment. There was a similar challenge made in the federal courts regarding marriage equality back in 1972, just five years after the Loving v. Virginia decision. At that time, the U.S. Supreme Court dismissed the complaint for want of a federal question. A number of legal scholars have blogged about the likely outcome of this new challenge.
The complex questions about the marriage equality movement and the Olson/Boies federal lawsuit -- Pam's HouseBlend
Federal court? Wow, never thought of that -- PrawfsBlawg
Just who is Ted Olson? -- AmericaBlog
Olson and Boies join forces to challenge Prop. 8 -- ZiefBrief (USF Law Library)
And now for a more plausible challenge to Prop. 8 -- PrawfsBlawg
Federal challenge to Prop. 8 -- Volokh Conspiracy (Dale Carpenter)
Bush Solicitor General, Ted Olson, explains why he's now for gay marriage -- AmericaBlog
Lawsuit seeks federal ruling on gay marriage -- San Francisco Chronicle
Ted Olson goes to court on behalf of gay marriage -- Washington Examiner
Former Bush lawyer seeks to overturn Prop. 8 -- Salon.com (Alex Koppelman)
Perry v. Schwarzenegger (complaint) -- LawDork


