So if you are a political junkie like me, you probably have heard that the US district court of Northern California is hearing a case that is asking the court to invalidate Proposition 8 and legalize same sex marriage effectively. The trial has been extremely high profile in the legal and academic circles across the country, mainly because of the composition of the legal team. Ted Olsen and David Boies are the leading lawyers fighting Proposition 8 in the court. Olsen and Boies were on opposing sides in the infamous 2000 Bush v. Gore recount. Olsen, was a former Solicitor General under George H.W. Bush. Either way, the ruling from this court is expected to go to the 9th US Circuit Court of Appeals and eventually the US Supreme Court.
Check out this video clip that was in the local Fresno ABC news: http://abclocal.go.com/kfsn/story?section=news/politics&id=7500614
This tactic is quite divisive within the community, with some arguing it's the best way to go, while others warn that the current state-by-state approach is best and that a detrimental Supreme Court ruling would be devastating. What are your thoughts?
ReplyDeleteThanks for your comments and question! First off, by the time that this case were to hypothetically make it to the Supreme Court (10-15 years or even more) from now, the makeup of the court is likely to be somewhat-very different than it is today. Many within the LGBT community have stated, quite reasonably, their concern of how devastating a loss at the Supreme Court would be. However, I think that Ted Olson is correct when he states that "If not now, then when? I can't wait for the times to change and in the meantime tell my clients that they have to wait for their constitutional rights to be upheld". Both Ted Olson and David Boies have made a fantastic case in support of marriage equality and I do not believe that the opposing side has a credible/legal argument. That is why they have consistently lost for the most part, every legal and intellectual debate (courts and legislatures). However, in the meantime, we must continue to have conversations and do the work that is necessary in order to win marriage back in California and throughout the country.
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