Conservative Attorney Filed Federal Case Against Prop 8

Do you remember this guy? Okay if not, I'll help you out. His name is Ted Olson. He is a conservative and was the Solicitor General for George W. Bush from 2001-2004. That's not what makes this story interesting, in and of itself. The interesting part is, he is the attorney who brought the Bush v. Gore court case to the U.S. Supreme Court which ultimately gave W. the Presidency in 2000. The interesting part doesn't stop there.

Ted Olson is now teaming up with David Boies, the attorney that fought against him in the Bush v. Gore court case. Yes, the same court case that went to the U.S. Supreme Court and favored W. They are teaming up in Federal Court to prove that California's Proposition 8 is unconstitutional! The lawsuit was filed on behalf of two gay couples on the grounds of, drum roll please, the Fourteenth Amendment of the United States Constitution, citing equal protection and due process. Okay, it was only a matter of time until this issue was addressed and argued on the Fourteenth Amendment. 

That's not only interesting, but also quite amazing in my opinion. Whether the timing is right to challenge same-sex marriage bans in Federal Court, or not, it's an incredible turn of events when a notoriously conservative attorney sides with the gay community. I literally hated him in 2000, but all of that has changed today. In spite of yesterday's ruling by the California Supreme Court, this is further evidence that the tides are turning in our favor.

Ted Olson spoke at a news conference from Los Angeles today and said, "For too long, gay men and lesbians who seek stable, committed, loving relationships within the institution of marriage have been denied that fundamental right that the rest of us freely enjoy". This is something that he really believes. According to MSNBC, these have been his views for quite some time. He said that this isn't a conservative or liberal issue and it's not a Democrat or Republican issue, but an issue of equal rights guaranteed to every American under the United States Constitution.

Many gay rights groups are not happy with this new Federal challenge because they are afraid that if the case makes its way to the U.S. Supreme Court, we will lose. Many feel that the court isn't configured in a way that might lead to a successful outcome, in other words, the highest court isn't liberal enough yet. I am also nervous of this as well, because the implications could be devastating to same-sex marriage everywhere in the U.S. if we lose. This is why many feel the fight should continue at the state level.

Just a couple of weeks ago, I published a post entitled 14th Amendment Provides for Same-sex Marriage. Check it out.