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Bush vs. Gore Attorneys Team up to Fight Prop 8 in Federal Court
http://laist.com ^ | May 26, 2009 | By Zach Behrens

Posted on 05/26/2009 6:12:50 PM PDT by Maelstorm

Two top attorneys who argued Bush v. Gore on opposite sides have now joined forces to strike down Prop 8 in federal court, filing for a preliminary injunction against same-sex marriage ban until the case is resolved, which would immediately reinstate the right for all Californians to marry. Theodore B. Olson and David will officially announce their case tomorrow morning in downtown, according to the American Foundation for Equal Rights.

Olson, a former U.S. Solicitor General represented President Bush, against Al Gore, who was represented by Boies. The pair is representing two gay men and two gay women who were denied marriages licenses because of Prop 8.

(Excerpt) Read more at laist.com ...


TOPICS: News/Current Events; Politics/Elections; US: California
KEYWORDS: boies; bushvgore; caglbt; dont; gaystapo; homosexualagenda; lawsuit; lawyers; prop8; protectmarriage; samesexmarriage; stop; tedolson
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Does anyone know if this is true. This could back fire really badly for homosexuals. There is no way the Supreme Court is going to overturn the state constitution of California on this issue.
1 posted on 05/26/2009 6:12:50 PM PDT by Maelstorm
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To: Maelstorm
There is no federal issue involved. I don't see it going anywhere.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

2 posted on 05/26/2009 6:14:16 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Maelstorm

Too bad there aren’t pitbulls fighting Roe v Wade like this. The left never gives up till they get their way, then it’s “the law of the land”.


3 posted on 05/26/2009 6:15:18 PM PDT by mrsmel (Put the Gitmo terrorists near Capitol Hill.)
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To: Maelstorm

Ted Olson’s wife must be spinning in her martyred grave.


4 posted on 05/26/2009 6:18:34 PM PDT by Ingtar (Americans have truly let America down. A sad day.)
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To: Maelstorm

While I agree, it could backfire. These two must think they can win.


5 posted on 05/26/2009 6:20:06 PM PDT by DannyTN
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To: DannyTN

These two are lawyers. They know they’ll get publicity and glowing lib press.


6 posted on 05/26/2009 6:23:11 PM PDT by joejm65
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To: Maelstorm

What is Olson doing???


7 posted on 05/26/2009 6:24:27 PM PDT by GLDNGUN
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To: DannyTN

I sure don’t see a federal issue because this whole case involved California law and the California state constitution amendment process only.

Also, as of today, right now, federal law defines marriage as 1 man and 1 woman. How could a federal judge somehow overturn Prop. 8 since it defines marriage exactly the same way as the federal government does?

Are they looking to overturn federal marriage law with this case? I’m no attorney, but it seems to me there could be a case if federal law and state law were in conflict on the marriage question. But since the federal and state laws agree, where’s the basis for a lawsuit?

I know liberal judges can do anything. I just can’t believe they have a federal case. Unless the “fix” is in.


8 posted on 05/26/2009 6:26:28 PM PDT by Dilbert San Diego
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To: GLDNGUN
What is Olson doing???

I believe he's lost his mind.............RIP BKO.

9 posted on 05/26/2009 6:26:53 PM PDT by MamaLucci (It's Mourning In America........)
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To: DannyTN
No way will the USSC even hear the case.

Michigan banned queer marriage and queer partnerships, anything similar, and benefits for queer partners.
That law was ruled OK.

10 posted on 05/26/2009 6:27:08 PM PDT by Beagle8U (Free Republic -- One stop shopping ....... It's the Conservative Super WalMart for news .)
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To: Ingtar

Very sad. She was a very nice lady. Maybe he might want to take a BC case to the Supreme Court. Lawyers are always hired guns but a few have the morality to turn cases down.


11 posted on 05/26/2009 6:31:14 PM PDT by Frantzie
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To: GLDNGUN

WTH???!!


12 posted on 05/26/2009 6:39:49 PM PDT by Irishgirl
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To: Maelstorm

Ted, Ted, Ted.

What ON EARTH are you doing in bed with these unholy fools?

I can hear Barbara now.


13 posted on 05/26/2009 6:42:35 PM PDT by moodyskeptic (the counterculture votes R)
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To: Beagle8U
Why, do these people turn to courts to win the fights that can't win in the court of public opinion? Oragon voted against gay marriage for heavans sake! Every time gay marriage goes for a vote it loses. Gay marriage only wins in the Senates of states and in the courts, never in the will of the people....
14 posted on 05/26/2009 6:48:07 PM PDT by carcraft (Pray for our Country)
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To: Frantzie

What could Olsen be thinking? Even as a ‘conservative’ not opposed to gay marriage, I would think you would still believe in states rights. ??

Very disappointing. Guess it is a good thing Olsen was not one of Bush’s ‘Supreme’ picks. We may have dodged a bullet on that one.


15 posted on 05/26/2009 6:48:08 PM PDT by penelopesire ("The only CHANGE you will get with the Democrats is the CHANGE left in your pocket")
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To: Maelstorm

Something doesn’t smell right here.


16 posted on 05/26/2009 6:51:42 PM PDT by Road Warrior ‘04 (I'll miss President Bush greatly! Palin in 2012!)
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To: Maelstorm

You said — Does anyone know if this is true. This could back fire really badly for homosexuals. There is no way the Supreme Court is going to overturn the state constitution of California on this issue.

Ummm..., they possibly could, if the Supreme Court gets out their magnifying glasses to search for some hidden “gay right” in the Constitution and finds that the State of California Constitution is “unconstitutional” according to the U.S. Constitution (having “found” that “gay right” in the Constitution, doncha know... LOL...).

I mean, the Supreme Court found some relation of privacy to abortion, which weighed even more heavily than the primary “right to life” in the Constitution, in order to give the right to abortion, through this “round-about” way...


17 posted on 05/26/2009 6:52:59 PM PDT by Star Traveler (The God of Abraham, Isaac and Jacob is a Zionist and Jerusalem is the apple of His eye.)
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To: goldstategop

You said — There is no federal issue involved. I don’t see it going anywhere.

There would be a federal issue if the matter as put forth in Proposition 8 is “unconstitutional” (and by that I mean unconstitutional by way of some justices saying so, and not whether you think it should be or not...).


18 posted on 05/26/2009 6:54:45 PM PDT by Star Traveler (The God of Abraham, Isaac and Jacob is a Zionist and Jerusalem is the apple of His eye.)
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To: penelopesire

hes arguing “equal protection”

it’s kinda like people can’t vote on a proposition to ban interracial marriage, for example

not saying I agree with him but I think that’s what his angle is


19 posted on 05/26/2009 6:57:18 PM PDT by GreatDaggar
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To: Dilbert San Diego

You said — I sure don’t see a federal issue because this whole case involved California law and the California state constitution amendment process only.

Well, such things become federal issues when it is something that is unconstitutional.

— — — — — — — — — — — — — — — — — — — — — — — — — — — — — —

And then you said — Also, as of today, right now, federal law defines marriage as 1 man and 1 woman. How could a federal judge somehow overturn Prop. 8 since it defines marriage exactly the same way as the federal government does?

Well, federal law is not a Supreme Court decision. Those are two different things and they are two different branches of government. The Supreme Court does not have to agree with federal law.


20 posted on 05/26/2009 6:57:48 PM PDT by Star Traveler (The God of Abraham, Isaac and Jacob is a Zionist and Jerusalem is the apple of His eye.)
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